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November 4, 2011
Canadians Want Action on Natural Health Products: Manifesto for Dietary Supplements

We in the industry have inadvertently been giving our power to Health Canada, by what may be called "the sanction of the victim." Every time we apply for a Natural Product Number (NPN), refute any of the Natural Health Products Directorate's (NHPD's) decisions, question a particular aspect of a regulation, or ask for special consideration for a particular product, we are playing into Health Canada’s hands.

The Dietary Supplement Protective Union is advocating “peaceful non-compliance,” states Robert K. Jefferson.

We are delivering to them the message that yes, we agree that Health Canada has the right to regulate our industry. The truth is they do not. The NHP Regulations are ultra vires, and no one is under any legal obligation to obey them. This is a case of the “emperor has no clothes”, if ever there was one.

The “Manifesto for Dietary Supplements” details the many ways in which Health Canada is operating outside the law. As law abiding citizens it is our right and our duty not to comply with unlawful regulations that are destroying our businesses and depriving consumers of safe alternatives to prescription drugs.

1. Millions of Canadians rely on Dietary Supplements to maintain and improve their health, as well as to prevent and help overcome signifi­cant health challenges.

2. Dietary Supplements are food extracts/con­centrates in convenient tablet, capsule, pow­der or liquid form. Examples include vitamins, minerals, protein, amino acids, essential fatty acids, glandulars, and herbs/spices.

3. Dietary Supplements are foods. A food is a food, regardless of the form in which it is consumed, and regardless of the purpose for which it is consumed.

4. Dietary Supplements are safe. Not one has ever died from consuming Dietary Supplements, nor has there ever been a single case of permanent harm caused by these innocuous substances.

5. Dietary Supplements are safer than everyday foods. People die from food poisoning or from anaphylactic shock from eating peanuts. Zero fatalities caused by Dietary Supplements.

6. Under the guise of keeping the public safe, Health Canada has unlawfully restricted over 40,000 safe Dietary Supplements from the market.

7. Aided by the RCMP with guns drawn, Health Canada has raided suppliers of safe Dietary Supplements. These raids violate the Bill of Rights and the Charter of Rights and Freedoms, have destroyed businesses and livelihoods, and have deprived consumers of the benefits of products that were unlawfully seized.

8. Health Canada has lost court cases over its heavy handed regulation of Dietary Supplements and yet continues to over-regulate the industry in spite of these court rulings.

9. The Constitution Act, 1867 gives the federal government policing powers over crime but not over products, as such. This Act makes also makes health the exclusive domain of the provinces. Thus, the regulation of Dietary Supple­ments by Health Canada is unlawful.

10. The Food and Drugs Act empowers Health Can­ada to take police action only against products that are either adulterated or fraudulently promoted. Health Canada has zero jurisdiction over Dietary Supplements, as such.

11. None of the Natural Health Product Regulations have ever been sanctioned by Parliament. These regulations are merely bureaucratic dictates that are ultra vires, beyond the law. Thus, the licensing of Dietary Supplements is unlawful.

12. By restricting some products and label claims for others, Health Canada attempts to limit the purposes for which Dietary Supplements may be used. Such restrictions are in violation of The Constitution Act, 1867. Health Canada does not have a licence to practise medicine.

13. Health Canada restricts true health claims of which it does not approve. This is an act of cen­sorship, in violation of the Charter of Rights and Freedoms.

14. Health Canada is a rogue bureaucracy that holds itself above the law and is answerable to no one.

15. We are law-abiding citizens who choose not to comply with the unlawful licensing of Dietary Supplements, nor with any other unlawful directives from Health Canada.

By Dr. Eldon Dahl

The Agora National


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