Health conscious New Zealanders are facing a threat to their freedom to choose natural products for taking care of their health. According to an agreement between the governments of New Zealand and Australia, signed in December 2003, Natural Health Products are to be regulated by a joint agency modelled after the Australian Therapeutic Goods Administration. That agency has shown an extremely heavy-handed approach to supplements when last year in April, it pulled well over a thousand natural products off the market, on the strength of one manufacturer's lax handling of quality control standards.
New Zealand's resistance of industry and consumers is centered around a web site that acts as a product information center and point of self-regulation, as well as a rallying point for the expected political battles around this issue. A newsletter to keep everyone updated is being offered. Thanks to Kiwi Joe (Liston Bateson) for the information.
The safety of natural products is not really in question if we look at the actual statistics. Here is a graphical representation (PDF) of relative risks of death in New Zealand as compiled by Ron Law, and here are more figures on the various causes of death - note how supplements are way way down there, below even bee stings and being hit by lightning.
Anyway, industry and consumers are not alone. The New Zealand Parliamentary Health Select Committee in its recently released report analyzes the treaty that was signed by the government against advice of the Committee and says that the powers of the joint agency to make rules and orders should be limited to matters of technical detail and that matters of policy and principle should be included in the primary legislation.
"We consider it essential that the implementing legislation outline the accountability arrangements of the regime, to allay our concerns about both accountability to Parliament and the accountability of the managing director of the agency. We note that the powers of the managing director of the proposed agency should not exceed the powers of other New Zealand public service chief executives, as promised in the Government’s response to our inquiry report’s recommendations.
We need to be reassured that all the appropriate risk assessments and evaluations have been undertaken prior to implementation of the proposed agency.
Some of us are concerned about the regulation of complementary healthcare products under this regime, because we consider that these products require a more flexible, riskbased regulatory system. We note that it is proposed to regulate these products in a separate specialised unit of the agency. Some of us are also concerned that the increased compliance costs imposed by the agency may negatively affect both industry and consumers."
The recommendations of the Health Committee (see the report) demand transparency and accountability. It will be interesting to see the outcome of debates in the New Zealand Parliament (yes, New Zealanders, put on your lobbying hats) over the implementing legislation, which the government says cannot be contrary to the treaty the government already signed with Australia...
New Zealand Charter of Health Practitioners comments:
On Sunday 18th April 2004 Ken McIvor presented to the Governing Council of the New Zealand Charter of Health Practitioners (NZCHP), the final version of the Joint Agency Treaty.
The alarming thing is that this final version of The Treaty was written 6 months ago. It was mailed out 2 days before Easter and the Charter Office received it on 14th April.
The representatives at the meeting voted Ken and Paddy to prepare a submission on behalf of the NZCHP. This needs to be completed by 26th April along with 25 copies which Paddy and Ken will then present to Wellington 28th April.
The time factor is interesting- creating a rush at the last minute. Government has done this before, sending such papers during public holidays. The Treaty does not include Sections 32 and 28 of the Medicines Act 1981. These sections involve the Basic Common Law Right for the dispensing of herbal remedies and other products.
It will affect hundreds of herbs and other products currently being dispensed and it will put some natural therapists out of business because of the application of, for example, oils.
Officials agree Trans-Tasman Treaty will cost jobs and increase prices
Consumers and the economy will pay a heavy price for the Government's insistence on a Trans Tasman regulatory system for natural Health Products, according to a report by Ministry of Health officials.
The National Interest Analysis was tabled as Government put a Trans-Tasman treaty signed late last year before Parliament for ratification.
Opponents of the proposed Trans Tasman scheme have been claiming it would see products pulled from shelves, costs of products go up and jobs disappear as many of the industry's small players close down or relocate to Australia.
"After months of the industry saying it will be a disaster, finally officials have admitted that this proposal will see consumers and the New Zealand economy suffer," said Amy Adams, spokesperson for the NZ Health Trust.
"Health Minister Annette King appears determined to proceed with this destructive and counterproductive system, despite intense opposition from industry, the public and the Health Select Committee."
The NZ Health Trust is also angry that the National Interest Analysis claims that industry submissions were based on misinformation, saying that the real misinformation in this case is coming from MedSafe officials.
"For example it claimed complimentary medicines need to be regulated in this way because the Pan Pharmaceuticals situation proved that generally safe natural products can be dangerous if manufactured incorrectly" Mrs Adams said. "The truth is that of more than 1200 products recalled, NOT ONE of the natural health products was found to be at fault. It was only one pharmaceutical drug which was a problem."
She said Government could expect more determined opposition. "Industry and consumers will not put up with natural health products being sacrificed on the altar of Closer Economic Relations by a desperate Government."
For further information you can contact
Amy Adams Ph (021) 499-066
NZ Health Trust Spokesperson
Statement by New Zealand Health Trust
To all those involved with Dietary Supplements or Natural Health
Contact: Amy Adams / Dave Sloan
E-mail: [email protected]
You may be aware that the Government is trying to change the way in which all Natural Health Products (NHPs) are regulated. They plan to treat NHPs as medicines and give the power to control them to the controversial Australian Therapeutic Goods Administration (TGA).
What is known from the Australian experience is that to treat NHPs as drugs and to make them subject to the heavy handed bureaucracy that goes with it will mean that many New Zealand businesses will be forced to close taking current products off our shelves. The products that do survive are likely to be much more expensive as suppliers are forced to recover regulation costs. What’s more, because regulation will come from Australia, there will be very little New Zealand can do to protect itself.
Despite strong opposition from industry and a Parliamentary Select Committee report against the proposal, Annette King signed the Treaty with Australia on 10 December last year. BUT the battle is far from over. The Government still needs to have the treaty passed into law and for that it needs support from other parties. ALL opposition parties in Parliament (National, ACT, Greens, United Future and NZ First) have now unanimously condemned the Governments actions.
This proposal will seriously limit our freedom of choice in New Zealand and our access to NHPs. To make sure it does not happen the industry needs to show organisation and a willingness to work within a sensible NZ system of regulation.
To do this the NZ Health Trust, which has been one of the leading objectors to the Government’s proposal, has developed a web site called myHealth to act as a national directory of NHP’s.
This site allows consumers to find out what products are available and how & where to get those products. It is a little like a web based ‘Yellow pages’ for NHP’s. Plus, by establishing the site we can show the Government the advantages of centralised web based, self registration systems rather than the heavy handed Australian approach. The site is in the final development stages for product listing and searches. The newsletter database function is complete.
We can stop the Government’s TGA proposal but only if we are strong & united.
Please log on to www.myHealth.co.nz and enter your name and email address in the newsletter section to subscribe to the myHealth newsletter and we’ll make sure you are kept informed. You can unsubscribe at any time and your details will only be used to send you items of specific information.
NEW ZEALAND HEALTH TRUST
