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When the European Commission implemented its directive on food supplements, which resulted to the prohibition of marketing of product not abiding by the Directives of the EC law, The Alliance for Natural Health and Nutri-Link Limited, comprised of organization of manufacturers across Europe which also include 'wholesalers, distributors, retailers and consumers of food supplements, and a small specialist distributor and retailer of food supplements in the United Kingdom, the claimants for these particular cases, C-154/04 and C-155/041 challenged the validity and the legal basis of the said directives.2 The manufacturers invoked the principles of subsidiarity, proportionality, right to property…
Furthermore, the manufacturers of food supplement also challenged Articles 3, 4(1) and 15 (b) of the EC rulings, which state that only food supplements which comply with aforesaid directives may be sold within the European Community and the vitamins and minerals specified under the directives may be utilised. The directive further stated that effective August 1, 2005, products which did not comply with the directives should be prohibited.3 The court has dealt with these issues in the past as for instance in the case of Swedish Match and Arnold Andre4 and has made its decisions based on the judgments brought forth on that particular case.
The EC Directives define 'food supplements' as products or items whose purpose is to supplement the daily diet, foodstuffs which contain concentrated nutrients or materials having nutritional or physiological results. ...
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