Federal natural health product regulations have only been in force for three and a half years, but it's already very clear that the regulations will put many small and medium natural health product manufacturers out of business, and limit and deny consumer access to many natural health products (NHPs).

It fascinates me that despite such blatant evidence, the majority of the natural health industry still supports the regulations.

They are Health Canada's Trojan Horse, being used to destroy the industry.

I've worked in several government policy departments, and must admit I am truly impressed with the job Health Canada has done to set the natural health industry up for failure. In the 1990s, Health Canada began taking aim at NHPs. This culminated with regulations imposing fees on the industry. Consumers started to notice that products were disappearing from the shelves and took action. Consumer groups initiated what may have been the largest petition drive in Canadian history. Their clear message was: Consumers want to protect their access to NHPs. They also challenged the fee regulations in court. As a result, regulations were withdrawn and the Minister of Health agreed to consult on the issues.

Public concern
The Standing Committee of Health then went through an in-depth public consultation and came out with their famous 53 recommendations. The Standing committee clearly recognized that the main concern of consumers was to protect their access to NHPs.

Health Canada did not like the message. Instead of simply implementing the Standing Committee recommendations, they set up their own "expert" panels to do their own consultations. They asked Canadians questions such as "Do you want accurate labels?" and "Do you want good manufacturing practices?" These are questions that no level-headed person could say "no" to.

Let's step back and see what is really happening.

Relative risk
Remember, the primary goal of this exercise from the consumers' perspective was to protect their access to NHPs. Remember also, many NHPs deliver real health benefits, which means there is actual harm if products become unavailable. Finally, keep in mind when considering the need for things such as good manufacturing practices, that the entire industry already has an amazing track record for safety.

A client of mine has commissioned an expert report analyzing the relative risks NHPs posed based on Canadian government statistics. It turns out that the average Canadian is much more likely to be injured by lightening than by a NHP.

As another comparison, both peanuts and shellfish cause numerous deaths and hospitalizations every year. Would Canadians support the creation of an expensive bureaucracy and the imposition of costly and onerous regulations on the peanut and shellfish industries to protect us from their potential harm? Would we support this knowing that the regulations would put most of the small and medium manufacturers out of business? I don't think we would. Yet, somehow, we support the NHP regulations when they pose less of a risk than peanuts or shellfish.

NHPs are not drugs
Drug-style regulations have been imposed on the NHP industry, causing products to disappear. Some manufacturers tell me they're only seeking product licenses for their top-selling products because the process is too costly for low-volume products. Health food store owners tell me they're having difficulty stocking products they once offered. I have also received notices from American manufacturers saying they will no longer ship products into Canada.

So why are so many in the industry-including consumers and retailers-supporting the regulations? I think they've been duped by Health Canada's game. I also think they simply don't see the risks they're facing. If the large manufacturers mostly benefit, and they sell to the grocery chains and Wal-Mart, will there be anything to set the small health food store apart? Health food stores depend on effective and innovative products from the smaller manufacturers, and they cannot compete with Wal-Mart on price.

Health costs
Business aside, the incredible tragedy about all of this is the tremendous health cost. Products that provide real and valuable health benefits to Canadians are disappearing forever-apparently to protect against risks that are statistically insignificant. When I testified at the Standing Committee of Health's inquiry into Bill C-420, I asked: "Will even one life be saved by the regulations in the next 10 years?" I have asked the question several times since and sadly, no one has any evidence with which to say yes.

Products are disappearing. Manufacturers are going under. And, in the midst of it all, the regulations are soundly supported by the natural health industry. The citizens of Troy are still admiring their new shiny horse. Aware consumers can help by supporting smaller, local health food stores and manufacturers, and by speaking out to government and industry about your true concerns.

Shawn Buckley is a lawyer who specializes in assisting manufacturers of natural health products to navigate the Food and Drugs Act and Regulations, and to deal with Health Canada attacks.

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