Feedback on Strauss Herb Co. Versus Health Canada Court Case

by Lorna Hancock, HANS Executive Director
Source: HANS e-News - November 1, 2008

The court case of Strauss Herb Company versus Health Canada that we'd encouraged HANS members and friends to attend in Vancouver last month has concluded. After three (not five, in the end) days of listening from 9:30 am to 4:30 pm (12:00 noon, the last day), the case is now waiting for a judgment from the judge, which could take months. 

From an observer's perspective, it is hard to say how it went, but at the end, the judge remarked on how pleasant it was to be working with these two lawyers. How professional they were, and well prepared with their good arguments on both side. I must confess that I maybe understood about half what was said when they delved into the technicalities and intricacies of the law. 

Nevertheless, the outcome is very important. Health Canada is saying that YOHIMBINE is on Schedule F, and because Yohimbe Bark 'contains' Yohimbine, it cannot be included in a Strauss product for non-prescription sale. Nor can anyone else. Strauss is saying that Schedule F includes 'Yohimbine', but it does not include Yohimbe Bark, which is what is included in their Strauss Energy 6 product.

Yohimbine is known as a stimulant, and Health Canada says it is 'dangerous' when someone has high blood pressure, or is pregnant, although this wasn't a court case on risk, but more on jurisdiction. I was very impressed with Shawn Buckley's handling of this court case. I was also very pleased to see that the gallery contained many HANS members, and I wanted to thank all of you who attended. People DO care what happens in this trial, and your presence indicates that. Thank you!

At the conclusion of the case, the judge said that there are times when he needs a little pick me up, and maybe he should take some Strauss Energy 6, at which everyone had a good laugh. So, the judge was paying careful attention throughout, and asked some excellent questions. It will be interesting to see what the outcome is, but for sure, if Strauss wins this case, there will be much rejoicing in the natural health community because herbs have been successfully defended and this is a precedent-setting decision. We will keep you posted as to the outcome.
 
 
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