To: IAHF List
Subject: EMERGENCY MODE TO PREVENT WHITEWASH of CODEX HEARING MARCH 20: Help Needed at Expo West To Awaken Industry
From: "International Advocates for Health Freedom" jham@iahf.com
Date: Thu, 08 Mar 2001 00:16:42 -0500
IAHF List: WE ARE NOW IN EMERGENCY MODE TO KEEP OUR CODEX HEARING ON MARCH 20 FROM BEING WHITEWASHED: Please mass forward
If anyone can help me network several thousand emergency alert Anti Codex business cards and Flyers at Expo West in Anaheim CA between Fri- Sun, please leave a message for me at Abby's Anaheimer Inn phone 714-774-0211 or leave a mssg at the Expo at either the Nature's Plus booth, or at booth 3812 (Natural Immunogenics) I will need assistance on the show floor educating people, urging people to sign our petitions at http://www.garynull.com and at http://www.laleva.cc/petizione/english/intro_eng.html
By Friday I anticipate knowing whether or not any of the grass roots witnesses who have requested to be allowed to present Oral Testimony at the March 20 Codex Vitamin Oversight Hearing will be allowed to or not. Sharing our concern is Stan Solomon, radio talk show host in Indianapolis, IN http://www.stansolomon.com and a veritable army of vitamin consumers not only in the USA, but all over the world who realize how much is at stake in the Oversight hearing scheduled for March 20th before Congressman Dan Burton's Committee on Government Reform.
***If I find on Friday that they intend to shut our side out, I will be issuing an emergency directive. NEEDED: MLM people with huge downlines. If you are an MLMer with a huge downline, let me know, I need your help in case we have to go into an emergency mode and flood congress with email, faxes and phonecalls as a last resort.
Fueling concern that the hearing might be whitewashed is the press release [below] from the NNFA website which states that Karl Reidel will be presenting oral testimony.
WHY THATS NOT GOOD: Karl Reidel, CEO of Country Life Vitamins is cochair of NNFA's International Committee along with Randy Dennin, CEO of Capsugel (Subsidiary of Warner Lambert, which was bought out by Pfizer). Reidel is clearly being scripted by Dennin, and by NNFA attorney Charles Raubicheck. When Reidel and I were on the US Codex Delegation in Berlin in '98, he hadn't even done his homework before the meeting, and admitted that he had never read the NAS paper "A Risk Assessment Model for Establishing Safe Upper Levels for Nutrients" yet he signed off on it sight unseen, while having zero understanding of its ramifications (beyond what he was scripted to believe by Dennin and Raubicheck.)
PREDICTION: Karl will say the following before Congress, but its not true, and I can PROVE its not true: He will say "Codex is a non issue. What is happening can't impact US law due to Federal Statute 19 USC 3512 (a)(1) and (a)(2) which protects our domestic laws from harmonization. The National Academy of Sciences generated a paper titled "A Risk Assessment Model for Establishing Safe Upper Levels for Nutrients" in order to put on the table at Codex a safety based alternative to the arbitrary dietary limits on potency proposed by Germany. This safety based approach represents the latest scientific thinking on the issue of vitamin safety, and the public concern registered about this is unfounded. Furthermore, our laws are protected by an amendment to the harmonization language of the FDA Modernization Act of 1997 which exempts dietary supplements, so there truly is not justification for alarm on the part of American vitamin consumers, what is happening at Codex can only have a negative impact on our foreign sales, and we're doing our best to advance American interests in that area."
WHATS WRONG WITH WHAT KARL IS SAYING:
Karl has been conned by the Hegelian Dialectic: Problem, Reaction, "Solution" Fear was stirred up amongst the industry that they could "lose a lot of overseas sales" unless "something was done" to protect our interests.
Part 1 of the LIE in the equation is that Federal Statute 19 USC 3512 (a)(1) and (a)(2) protects our domestic laws. [More on this below but check out this statement from the Congressional Research Service]
Alert/U.S. Sovereignty or World Trade Organization? http://www.thelibertycommittee.org/update6.17.00.htm Note This Statement by the Congressional Research Service: "As a member of the WTO, the United States does commit to act in accordance with the rules of the multilateral body. It [the U.S.] is legally obligated to ensure national laws do not conflict with WTO rules." (8/25/99)
Part 2 of the LIE in the equation is that the FDA is obeying the amendment to the FDA Modernization Act--- they're NOT, and I have a letter from the FDA themselves which proves it, signed by L.Robert Lake, Director, Office of Regulatory Affairs, CFSAN, FDA. The letter was written to me in response to several legal questions I had. Lake's response, which I will include in the final draft of my Codex Comments to Congress, proves unequivocally that we have a VERY SERIOUS NEED for GENUINE oversight on this issue, and that will not happen if Burton simply goes by what Reidel will (very predictably) say.
Part 1 of the LIE: Via Mutual Recognition Agreements signed under NAFTA and GATT, the USA agreed to enter into a constant process of "harm-onization" to international standards. Robert Lake of FDA makes it VERY clear in his response to my letter that that is EXACTLY what the FDA is in fact doing, even as he tries to double talk his way out of it by claiming (falsely) that 19 USC 3512 (a)(1) and (a)(2) protect our law. On PAPER this statute DOES protect our law, but due to how the WTO's Dispute Settlement process works, it does NOT.
Lake Quoted FURTHER in Letter to Hammell (Original to be Submitted to House Oversight Committee) [THIS is the CLENCHER!]
With regards to your more specific questions concerning harmonization and international standard setting organizations such as the Codex Alimentarius Commission (CODEX), the SPS Agreement provides that members may base their sanitary and phytosanitary measures on international standards, guidelines or recommendations, where they exist, or may introduce measures that result in a higher level of protection if there is scientific justification, or which a country determines to be appropriate in accord with provisions of the SPS agreement. SPS Agreement, Article 3(1) and (3). International Standards, guidelines and recommendations with regard to food safety are defined as those established by Codex. SPS Agreement, Annex A. A members food safety measure that conforms to Codex standard shall be deemed to be necessary to protect human or animal health, and shall be presumed to be consistent with the provisions of the SPS Agreement and the GATT 1994. SPS Agreement, Article 3(2)
Lake then states something that does not compute based on the aforementioned language, and Congress must probe this statement very thoroughly:
"As you can see members are free to deviate from Codex's standards to attain a higher degree of public health protection. In addition, the SPS agreement does not require a country to adopt any international standard at all. Therefor any standards established by Codex, including any relating to dietary supplements, would not require Congress or FDA to change US laws or regulations concerning dietary supplements. Finally, with regard to your questions relating to procedures before WTO panels, I suggest you contact the US Trade Representative who can explain in more detail how it coordinates resolution of issues (including food safety issues) before a WTO panel."
IAHF comments on Lake's comments: Look at what he says: "the SPS Agreement provides that members may base their sanitary and phytosanitary measures on international standards, guidelines or recommendations, where they exist, or may introduce measures that result in a higher level of protection ******if there is scientific justification.****"
THIS IS THE WHOLE KEY: FDA is ILLEGALLY HELPING Pharmaceutical interests, desiring to steal our vitamins to FALSELY DEFINE vitamin safety, which UNDERMINES our scientific justification (see ****** above) for having vitamin laws that allow a higher degree of public health protection. That is, if our dietary supplement laws allow potency levels higher than deemed "scientifically safe" based on the pharmaceutially biased judgement of the National Academy of Sciences or the EU's Scientific Committee on Foods, then the WTO's Dispute Settlement Body, which meets in secret, which doesn't allow testimony from individuals or NGO organizations, (only from pharmaceutically biased government reps such as Yetley who routinely ignore the will of the people and the will of Congress to rubber stamp multinational corporate interests) are allowed to appear before them. At that point, all bets are off. I preduct the WTO's Dispute Settlement Panel would threaten to impose trade sanctions unless Congress harmonized our laws to the EU and Codex, and this is totally consistent with what the Trans Atlantic Business Dialogue has ALREADY STARTED TRYING TO DO: [See CRN Article Below titled
THIS was why 5 members of Congress told Yetley not to put the NAS paper on the table at Codex. It falsely defines vitamin safety and thereby goes directly against DSHEA. It is not a matter of debate that the paper was funded by pharmaceutical interests and is therefor unobjective and this constitutes a conflict of interest that is unacceptable to the American people as declared by Senator Hatch in his Conference Report statement quoted above. The American people have CLEARLY spoken on this issue, and Bob Lake has shown us FDA's "artful" interpretation of the language, showing CLEARLY that FDA intends to IGNORE the will of the people.
PROOF WE'RE BEING SET UP- WILL BURTON EXAMINE THIS? IF NOT, HEARING WILL BE WHITEWASH-BE READY FOR EMERGENCY MEASURES IF NECESSARY STARTING THIS WEEKEND - RN PRESS RELEASE: Proof We're Being Set Up:
http://www.crnusa.org/shellnr112000.html
Monday, November 20, 2000
Contact: Mike Greene
202/263-1002
mgreene@crnusa.org
U.S. and European Leaders Agree on Principles to Harmonize Dietary Supplement Regulations
WASHINGTON, DC -- The dietary supplements sector-working group of the TransAtlantic Business Dialogue (TABD) agreed on several key elements to harmonize the regulatory framework for vitamin and mineral food supplements on both sides of the Atlantic. These major breakthroughs were forged at the Sixth TABD CEO Conference in Cincinnati, Ohio, from November 16-18.
The working group approved the principles and components on definition, safety, and GMPs. The working group also agreed to continue its dialogue and that its next steps would be to:
1.Define types of claims and appropriate labeling for food supplements and develop criteria for transatlantic acceptance of credible scientific evidence to substantiate these claims; evaluate mechanisms for authorizing/approving claims; and assess conditions for exclusivity to encourage research and development.
2.Encourage the scientific bodies responsible for the evaluation of the safety of total intakes of vitamins and minerals (EU Scientific Committee on Food and US Food and Nutrition Board) to cooperate closely to harmonize setting upper safe levels for vitamins and minerals.
3.Define and recommend methodologies for setting maximum levels for vitamin and/or mineral food supplements on the basis of upper safe levels of total intake for these nutrients and intakes from other sources. The responsible regulatory bodies are encouraged to cooperate and establish one set of figures for maximum levels for vitamins and minerals in food supplements on both sides of the Atlantic.
4.Seek urgently, in light of the imminent proposed US rule on GMPs, transatlantic harmony for implementing common GMPs and quality standards. The working group also agreed to develop practical procedures to support GMP details; and seek acceptance, implementation, and appropriate enforcement.
Progress toward transatlantic harmonization of dietary supplements was led by a team of supplement CEO’s that included: Gale Bensussen, Leiner Health Products Inc.; William Van Dyke, B&D Nutritional Ingredients, Inc.; Johannes Burges, Hermes Arzneimittel; and Sonnich Fryland, Ferrosan. They were among the more than 120 industry leaders from the U.S. and the European Union who called on their governments to adopt a list of progressive trade liberalization measures at this TABD CEO Conference.
The CEO’s, meeting with senior officials form the U.S. Administration, the European Commission, the U.S. Congress, and the European Parliament, made recommendations on how best to boost transatlantic and global trade and investment. They focused on specific mechanisms for resolving trade disputes and expanding the U.S.-EU commercial marketplace, which at $1 billion per day in two-way trade, is the world’s largest trading relationship.
"The recommendations we have developed at this meeting will, if adopted by the governments, expand trade and investment opportunities for large, medium, and small companies by removing obstacles and inefficiencies in the U.S. and European regulatory regimes," said George David, chairman and CEO of United Technologies Corporation and US TABD chair for 2000. "Adoption of these recommendations will create jobs, raise living standards, lower costs and improve access to goods–that is, provide concrete benefits for business, for labor, and for consumers."
The TABD is a results-oriented forum that seeks to increase transatlantic trade and investment opportunities through the removal of costly inefficiencies from excessive regulation, duplication and differences in the EU and U.S. regulatory systems and procedures in a manner consistent with sustainable development.
For details about the dietary supplement sector working group progress and future plans, contact either Issues Manager John Cordaro–USA jcordaro@crnusa.org or Peter Heer–Europe peter.heer@roche.com.
* Note: Hoffman La Roche was fined $500 Million by the US Dept of Justice for engaging in illegal price fixing scam for 10 years that burned consumers and manufacturers. Now, via TABD and CODEX harm-onization, they're trying to make an end run around the American people, the Congress, and the US Dept of Justice. THIS is the Codex vitamin issue in a NUTSHELL- By falsely defining vitamin safety, we're being set up for harmonization, and they're already trying to harmonize our laws, will Burton allow this to be brought out in the hearing???? Lets hope so. Please pray that Burton doesn't get blind sided. He is a vitamin consumer himself, and he really needs our help right now.
Please pray for him, and be ready to take EMERGENCY MEASURES if I sound an alarm on Friday.
I will sound an alarm if our witnesses have been shut out. If they have been, we will have to make some fax machines run out of paper and ink, because that will be our only recourse leading up to the hearing on the 20th.
Stay tuned.
John Hammell
(NNFA Press Release Below Stating that Reidel will testify)
WASHINGTON--In its first foray into the area since the 2000 elections, the House Committee on Government Reform will hold a hearing March 20 addressing the Food and Drug Administration's (FDA) policies relating to dietary supplements. Beth Clay, professional staff member with the committee, confirmed the hearing is scheduled, but that further details are still preliminary. According to Clay, the committee, which is chaired by Rep. Dan Burton (R-Ind.), will address issues including pending action on ephedra, status of federal good manufacturing practices (GMPs) and issues with Codex. "With the change in political power in Washington, this was a good time to address these issues," Clay noted. An update on the hearing from the National Nutritional Foods Association (NNFA) noted that David Seckman, NNFA executive director, will testify at the hearing about NNFA's GMP program, while Karl Riedel, an NNFA board member, will testify about Codex. The hearing will take place during NNFA's annual lobbying day in Washington. It follows a one-day conference set for March 19 titled "Targeting the Questions of Quality." For information on the conference or lobbying day, visit http://www.nnfa.org/legislative/evite.htm.