Left: the European Court of Justice is located in this intimidating building in Luxembourg.
Hi folks,
I feel it is time for a bit of a rant as I haven’t indulged in any ranting for some time. My rant for today revolves around the European Court of Justice, clearly presided over by some jobsworth bureaucratic morons, commonly known as judges. You know these people - so stuck up themselves that if you contradict them in court you are charged with contempt (contempt! no surprise when they are so contemptible!).
So just what is that that has riled such a normally mild mannered herbalist supplier?
This goes back a few years, so please stay with me, and thanks to the BHMA for highlighting this.
In 2003, Frede Damgaard a Danish journalist wrote about the arthritis and gout benefits of Hyben Total, a rosehip product, on his website and noted it was legally available in Sweden and Norway. Lægemiddelstyrelsen, the Danish medicines control agency, took umbrage at this and informed Damgaard that his statements “constituted advertising” in contravention of Danish law. He was found guilty in 2005. Note: Damgaard has no connection with the product or company marketing it.
The case was referred to the European Court of Justice who duly upheld the Danish decision. Freedom of speech? Freedom of the press? Certainly not when it comes to natural products.
To quote from the verdict:
The ECJ placed great emphasis on public health and noted that freedom of expression rights written in 1950 into the European Convention for the Protection of Human Rights and Fundamental Freedoms, was subject to “certain limitations justified by objectives in the public interest”.
It therefore found that statements about products could be construed as advertising under the 2001 Medicines Directive “even though the third party in question is acting on his own initiative and completely independently, de jure and de facto, of the manufacturer and the seller of such a medicinal product.”
You can just imagine how journalists will now be running scared about saying anything positive about herbal products. And can’t you just imagine the glee with which this will have been received by the authorities here.
What a bunch of twits. The sooner we get away from Europe and the self serving corrupt idiots that run it the better.
Regards,
Tony
Check back to this site for further monitoring of how the European entity is “harmonising” herbal medicine out of existence.