In a recent article, The Economist discusses How the European Union is becoming the world's chief regulator. The article says the EU regulatory framework is in the process of becoming "world standard". The Economist quotes an unnamed US official:
One American official says flatly that the EU is “winning” the regulatory race, adding: “And there is a sense that that is their precise intent.” He cites a speech by the trade commissioner, Peter Mandelson, claiming that the export of “our rules and standards around the world” was one source of European power. Noting that EU regulations are often written with the help of European incumbents, the official also claims that precaution can cloak “plain old-fashioned protectionism in disguise”.
While the prime example in the Economist's article is a fine imposed on Microsoft for bullying its competitors, the fact that EU regulations are copied in the rest of the world holds true in many sectors of the economy. In the area of nutrition and healthcare, EU legislative activity has led to several new pieces of legislation that are - seen in their context - potentially disastrous for public health. The directives and regulations discussed in the linked document prepared by the Alliance for Natural Health diminish individual choice in health and prevention, while preserving the profitability of big industry and indeed slanting the 'playing field' in favor of the largest competitors.
Codex Alimentarius, the United Nation's international food standard-setting body, has also been discussing food supplements, one of the subjects of the recent EU health legislation.
The Codex guidelines, adopted at the Codex Commission's plenary session in July 2005 here in Rome, are little more than a copy of the European Directive adopted some years before. This seems to confirm the view expressed in the Economist's article, according to which the EU is "winning the regulatory race".
Americans are proud of their freedoms, particularly in the area of health and nutrition. The Dietary Supplement Health and Education Act of 1994 (DSHEA) put food supplements firmly in the food category, preventing the FDA from regulating nutrients as either additives or medicines, a practice which previously had led to much friction between the FDA and the producers and consumers of supplements. To the chagrin of the FDA and the pharmaceutical interests that influence its policies, supplements have enjoyed a period of unprecedented growth since the passage of DSHEA.
Perhaps that is why the FDA is now working to harmonize US law and administrative practice for supplements with Codex guidelines and with other countries' more restrictive regulations. The Life Extension Foundation laments this trend in a recent article:
The anti-American FDA is actively seeking to undermine U.S. laws and harmonize our dietary supplement laws with Mexico and Canada. This is being done through the Trilateral Cooperation Charter – an illegal agreement set up with health regulatory agencies in Mexico and Canada. It is part of the campaign towards a North American Union, one which would be a catastrophe for health freedom in this country as dietary supplement laws in Canada and Mexico are far more restrictive than in the U.S.