Advocate general finds food supplements directive invalid under EU law

There was tremendous news today for the millions of people in Europe who choose to use food supplements. Following a landmark challenge in the European Courts of Justice (ECJ) brought by the Alliance for Natural Health and Nutri-Link Ltd to the contentious Food Supplements Directive, which effectively proposed to ban 75% of vitamin and mineral forms, Advocate General Geelhoed, the senior adviser to the ECJ, gave his Opinion in favour of the Alliance’s case.

What does this mean? That the chances of consumers being able to continue using the natural food supplements they believe are beneficial to their health are now greatly increased.

The Advocate General concluded that:

The Food Supplements Directive infringes the principle of proportionality because basic principles of Community law, such as the requirements of legal protection, of legal certainty and of sound administration have not properly been taken into account.

It is therefore invalid under EU law.
It should be stressed that the Advocate General’s pronouncement is not a ruling.

That will come from the ECJ judges, later - probably around June. But typically, in the vast majority of cases, the Court Judgment follows the recommendations of the Advocate General.

Steve: This is very good news for Americans who value their right to consume dietary supplements. If the EU directive had passed, most experts felt that the United States would follow suit.