EU DIRECTIVE, CODEX and CAFTA

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Because of some inaccurate information that has been posted on the internet, some Sunrider Distributors have recently asked how certain international regulations, specifically the European Directive on Food Supplements (EU Directive), the Codex Alimentarius Commission (Codex) and the CAFTA World Trade Agreement (CAFTA) will affect the sale of dietary supplements around the world.

The EU Directive applies only to products sold in the member countries of the European Union. Therefore, the EU Directive has no direct impact on the sales of dietary supplements in the U.S. The EU Directive includes, among other details, a positive list of vitamins and mineral ingredients that will be allowed to be contained in food supplements in member countries of the European Union. Sunrider will fully comply with the EU Directive and is working diligently to ensure that consumer access to Sunrider products in the EU is not negatively impacted.

Codex was created in 1963 as a joint project of the Food and Agricultural Organization of the United Nations and the World Health Organization. There are 172 member countries in Codex, including the U.S. Its stated purpose is to "develop food standards, guidelines and related texts such as codes of practice" in the interest of "protecting the health of consumers and ensuring fair practices in the food trade."

Codex guidelines are not binding on any nation unless the guidelines are incorporated into the laws of that nation. The U.S. has not adopted Codex guidelines and is under no obligation to do so. The rights of American consumers are protected by the 1994 Dietary Supplement Health and Education Act (DSHEA) and only the U.S. Congress has the power to change or amend U.S. laws. Therefore, Codex guidelines will not affect the sale of dietary supplements in the U.S.

As with the U.S., Codex guidelines will only supplant the regulations of other nations if the guidelines are incorporated into law. One of the principal goals of Codex is to prevent restrictive food trade barriers. If a country’s domestic law is more restrictive than the Codex standard, then that country may be forced to allow product sales if the product conforms to the Codex standard. However, there are no instances in which a Codex standard has been used to force a more restrictive standard than a country's domestic law.

CAFTA legislation has been implemented in the Dominican Republic, Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua. As mentioned above, the sales of dietary supplements in the U.S. will continue to be regulated and governed by DSHEA. Therefore, nothing in the implementation of CAFTA will amend, modify or limit any authority of existing U.S law. Hopefully, the above explanation clears up any misunderstandings or concerns regarding the EU Directive, Codex or CAFTA legislations.