In 1963, the United Nations' Food and Agricultural Organization (UN FAO) and the World Health Organization ("WHO") created the Codex Alimentarius Commission ("CAC"). This Commission was supposed to "develop food standards, guidelines, and … codes of practice" to protect public health and to ensure fair international trade practices for food. During the past decade, however, the Codex Commission has turned its attention away from food standards to food supplements, drafting The Codex Guidelines for Vitamin and Mineral Food Supplements.

These Guidelines restrict what manufacturers can say about the health effects of nutrients, regulate the establishment of minimum and maximum levels for each nutrient and detail permissible packaging and labeling. The Guidelines were given final approval by the CAC on July 9, 2005 in Rome, Italy.

The vitamin and mineral industry however, has an excellent safety record, far better than that of the food industry. Who then, wants such regulation? It is interesting to note that it was the German pharmaceutical industry that submitted the original proposal to the Codex Commission to regulate vitamins and minerals in 1996.

Why is the pharmaceutical industry so concerned about supplements?

Implementation of Codex Guidelines would reduce competition, and could position the pharmaceutical industry to take over the vitamin and mineral industry. Just imagine what could happen to your modestly-priced vitamins. These Guidelines seek to force countries (like the United States) that reasonably classify supplements as "food" to reclassify them as "drugs," the way some other countries foolishly have. As "drugs," the supplements would be subject to the restrictions set forth in the Codex Guidelines.

In Germany, a country that has guidelines similar to those of Codex, the maximum amount of vitamin C an individual may obtain without a prescription is 200 mg. This amount is far below the level that much medical research demonstrates is adequate for optimum health. If beneficial potencies are available only through prescription, then only the pharmaceutical industry stands to profit.

Could this happen in the United States?

Some may argue that U.S. laws will protect Americans against the Codex Commission, and that the U.S. has never yet changed its laws or regulations to conform to any standards or guidelines adopted by the CAC. But amazingly FDA Policy on Standards states, "where a relevant international standard exists, or completion is imminent, it will generally be used in preference to a domestic standard...."

Congressman Ron Paul (R-TX) has recently warned that: "Under Codex rules, even basic vitamins and minerals will require a doctor's prescription. As Europe moves ever closer to adopting Codex standards, it becomes more likely that the World Trade Organization will attempt to force those standards on the United States."

The World Trade Organization (WTO), which the U.S. joined on January 1, 1995, has power to impose mandatory international trade standards such as those of the Codex Commission upon any nation. It has the authority to take any noncompliant nation to international court and to impose trade sanctions as it deems necessary to force compliance.

There are several instances where the WTO already has influenced U.S. law. For example, the European Union ("EU") disagreed with how the U.S. taxed American companies' overseas earnings. The EU brought the issue to the WTO, which in turn ruled in favor of the EU. Congress then changed U.S. law to comply with the EU rules.

If Congress has already changed U.S. law regarding federal taxation in response to foreign pressure, might not Congress not also decide to make changes regarding vitamins?

What can you do?
1. Stay informed. The right to purchase and consume vitamins and minerals at levels which promote optimum health is critical to everyone, especially seniors. That right is in jeopardy. TSCL will continue to keep you advised about this threat.  
2. Contact your U.S. Senators and Representatives. Let them know that you oppose any effort by the U.S. Government to yield to pressure from the Codex Commission to classify vitamins and minerals as pharmaceutical drugs.

Sources: "FDA taking out your right to vitamins?" Marilyn Barnewall, World Net Daily, May 4, 2005. http://www.worldnetdaily.com/news.html. "Bowing and Scraping for the WTO," Representative Ron Paul, Texas Straight Talk, February 28, 2005. http://www.house.gov/paul/tst/tst2005/tst022805.html.
"FAO/WHO Food Standards," CODEX Alimentarius. http://www.codexalimentarius.net.  "Dietary Supplements and Health Freedom," Representative Ron Paul, Texas Straight Talk, April 25, 2005. http://www.house.gov/paul/tst/tst2005/test042505.html.
"Dramatic Restrictions to our Herbs and Vitamins via Codex Alimentarius," Consumer Health Newsletter, November 1998. http://www.iahf.com/world/981101a.html. Federal Register: October 11, 1995 (Volume 60, Number 196) "The Rome Coxex Supplement Guidelines Aftermath: Risk and Opportunity," Citizens for Health, July 12, 2005. http://www.citizens.org/priorities/codex/romeupdate.cfm

September 2005