CONSUMER PROTECTION ACT:
A CHALLENGE TO BUSINESS

The revised Consumer Protection Act of 2008 has been signed into law. This could have a massive impact on the health supplements industry. HPA Chairman, Dr Alan Tomlinson, warns:“This Act has far-reaching consequences for all our members. There are liabilities attaching to any claims we make and quality we produce.”

In terms of Section 61, a consumer who has suffered a loss or damage has the right to hold any person who is a link in the supply chain liable for the loss or damage suffered, and can lodge a complaint against any or all of the links in the supply chain with the Consumer Complaints Commission, which will investigate the complaint. The Act makes provision, not only for the direct and foreseeable losses the consumer suffered,but also for Consequential or Economic loss, no matter how unforeseeable such consequential losses might be.

“In my opinion,” states Tomlinson, “the protection for consumers has gone so far as to constitute a challenge to business.”

It is imperative that HPA members become acquainted with the implications of the Act and its ramifications: the HPA will therefore be hosting a breakfast seminar on the subject in the near future. Watch this space!

RAISING STANDARDS - THE HPA PRIORITY

Good Manufacturing Practice (GMP) is a prerequisite for quality health products. As the intention of the HPA is to raise standards in the industry, the association has adopted GMP as its theme for 2010.

“Our aim is to assist manufacturers in their efforts to comply with GMP standards and to obtain the necessary licenses from the Department of Health,” says Dr Alan Tomlinson.

“We advise distributors to favour GMP-compliant manufacturers and we are directing a great deal of effort into getting manufacturers to be compliant. As we are going through a transition phase, however, some manufacturers don’t have the required C22 license, despite their concerted efforts to do so.”

Although some manufacturing companies have upgraded and completed their facilities to be GMP-compliant and are trying to obtain a C22 license, they’re experiencing difficulties with follow-through from the Inspectorate. It is for this reason that the HPA is focusing on GMP in 2010 and the Association intends pulling out all stops to tackle this problem and ensure that companies are not hindered by government in acquiring the licenses that ensure their legal status.

SOWING SEEDS FOR
PRODUCTVE PARTNERSHIPS

Farmer-to-Pharma is an adventurous project that aims to stimulate the farming of South African indigenous plants for application in the medicinal industry as well as to research active plant ingredients and extracts. The undertaking was initiated by the Department of Science and Technology, which is now working in collaboration with the Department of Education, the Department of Health and traditional healers.

The project will also support community upliftment programmes, the latter to be achieved by involving farming communities in product manufacture.

For this to be successful the communities need manufacturing, distribution and marketing facilities. For HPA members committed to the development of traditional medicinal resources as well as social responsibility initiatives, this is a perfect opportunity to provide the necessary expertise by either patenting active ingredients or partnering with these communities.

To become involved, contact Mr. Anck Chabalala at the Department of Science and Technology on (012) 843 6652/ 082 882 3126 or hlupheka.chabala@dst.gov.za

NEW EXECUTIVES ON BOARD

As the outcome of a secret ballot held at the September HPA Extraordinary Meeting in Johannesburg, the following were elected to the HPA Executive Council for 2009/2010:

• Dr Alan Tomlinson (Sportron International) - Chairman
• Denise Maidment (Solgar) – Joint Vice-Chairlady
• Maria Ascencao (OTC Pharma) – Joint Vice-Chairlady
• Norman Fels (Health & Performance Products) – Treasurer
• Imtiaz Ebrahim (Herbalife)
• Dr Victor Korsten (Vital Health Foods)
• Celecia Roos (Regal Nutrients)
• Darryl Hope (Holistix)

A GUIDING LIGHT FOR THE INDUSTRY…

Almost three years after inception, the Self-Monitoring Technical Committee (SMTC) has updated its modus operandi and amended its name accordingly. Now operating as the Self-Monitoring Advisory Committee (SMAC), the body aims to guide member companies with regards to the general advertising practices of CAMS and to ensure that they have the correct information relating to advertising issues.

This committee should not be perceived as a Registration Consultancy - companies must consult an accredited Registration Pharmacist when submitting dossiers. The committee can, however, help with specific questions regarding such subjects as substances, levels and related concerns.

The SMAC is currently dealing with a few difficult issues, but the majority of requests submitted thus far relate to advice on working within correct and legal parameters.

…AND A FACE-LIFT FOR THE
HPA CONSTITUTION

A majority show of hands ensured that the HPA’s new constitution was adopted at the September Extraordinary Meeting in Johannesburg.

Prepared and presented by Dr Victor Korsten, the final draft took into consideration all comments made by HPA members. Dr Alan Tomlinson said that Korsten’s meticulous work and attention to detail produced a constitution that is more organised, sequential and thorough, as well as cohesively divided into clearly-defined segments.

Tomlinson did say, however, that “we intend to tighten future HPA admission requirements in accordance with our efforts to continually elevate the standards and ethics of our industry”. The new constitution can be updated and changed if and when necessary, as long as the correct procedures are adhered to.

A Disciplinary Code designed to form a linked annexure to the constitution is to be drafted within the next few months. This will be circulated to members for consideration before being accepted.

REVAMPING CAMS ADVERTISING CODES

The lack of provisions specific to CAMS products in the current Advertising Standards Authority (ASA) Code of Marketing is causing consternation in the industry. The codes in place, in particular Appendix F, cater for prescription and OTC medication and are therefore obsolete to CAMS.

To eliminate problems relating to acceptable advertising claims for CAMS, there needs to be a dedicated ASA-CAMS Appendix that can be adhered to by the industry. In order to ensure that suitable advertising standards are adopted, the HPA is working closely with marketing-regulations advisor Stefan Vos on the CAMS Draft Appendix Initiative.

Vos reports that a precedent for a new ASA appendix was set by the Cosmetic, Toiletry & Fragrance Industry as well as the Consumer Goods Council, and advised the HPA to take the opportunity to put an industry-appropriate proposal on the table. The HPA has accepted this challenge.

“We have contacted the ASA and negotiated with them to have a different appendix added within the code of marketing that relates specifically to CAMS,” says HPA Executive Director Mathabo Mashiane. “The ASA has agreed and this is now in the pipeline and should be finalised early next year.”

On completion of this appendix, it will be circulated to all CAMS stakeholders for comment.

“The HPA Executive Council will see to it that HPA members are kept updated on this project,” ensures Mashiane. “When the appendix is adopted, workshops will be held so that HPA members are fully versed with the procedures attached to this appendix and know how to implement them with regard to their own company needs.”

CAMS REGULATIONS…on the horizon

Progress on proposed CAMS regulations is advancing well, according to the Chairman of the Complementary Medicines Committee (CMC) of the Medicines Control Council, Professor Peter Eagles.

“We are awaiting the next edition of the draft regulations and understand that the Department of Health is under pressure to have them released by the end of the year,” says Dr Alan Tomlinson. “We’re looking forward to this as we have always supported the notion of appropriate regulations and we believe that it’s high time to have level playing fields in the market.”

It is anticipated that the revised regulations will be published with provision for a comment period. It is also believed that these new regulations will have taken cognizance of the comments made by the CMC Stakeholders Committee to the DOH.

COMPANY PROFILE

ORGANIC INNOVATION

The leap from media to organic health product distributor may appear extreme, but for Bruce Cohen the transition came naturally. His marriage to well-known health journalist Marika Sboros is what finally tipped the scales: ”Our kitchen cupboards were always full of supplements and little food,” laughs Cohen. “As my lifestyle shifted, I became more interested in wellness issues and the natural and organic market, and began looking for a business opportunity that matched my new outlook.”

In 2004, Cohen founded Absolute Organix, a company that specialises in sourcing and supplying a range of natural and organic products. “Our aim is to be innovative,” he explains. “We try to be ahead of the market in terms of ideas and products – to be the first to have the really interesting stuff.” The core of the business is a diverse range of high-quality omega oils. “Oil is our first love,” enthuses Cohen. The company imports and blends specific oils which are then packaged under their own brand label, as well as distributing some third-party ranges.

‘We distribute the only vegan EPA/DHA Omega-3 oil on the market,” says Cohen. “Omega Pure is derived from algae, the prime source of these long chain essential fats and the starting point in the food chain whereby species such as krill and fish obtain these essential fats.”

Cultivated in ponds in France and the UK and manufactured in Switzerland, Omega Pure is completely free of any ocean toxins and it eliminates the need to plunder fragile marine life or rely on farmed fish. It is produced by a process known as Super-Critical CO2 extraction, which uses neither heat nor chemicals, thus protecting the fatty acids and delivering high quality oil.

Absolute Organix carries about twenty exclusive ranges, including Swiss organic baby-food Holle, Enchantrix Organic personal and household products, Brazilian acai superfruit powder, Olgani dental salts, Body Botanix and Natraloe personal care ranges, Garden of Life supplements and the Happy Water, which Cohen refers to as “the next generation in water technology - a cross between high-tech water purification and homoeopathy”.

Of the natural and organic market, Cohen says “it is growing at a steady pace and becoming increasingly mainstream. People are migrating quickly to natural and organic options if they can afford to, as there is definitely a cost-factor involved. But as more people realise that industrialised foods are toxic, they’re embracing natural and organic products.”

The dedicated staff of this ‘small and nimble’ company plays a vital role in its success. Innovation, the desire to be at the cutting edge of a market that supports sustainable living plus a commitment to quality are the hallmarks that will keep Absolute Organix ahead of the pack.

• www.absoluteorganix.co.za

BOOK REVIEW: “LIVE LIFE WELL”
by DR ALAN TOMLINSON

The integration of body, mind and spirit represents the cornerstone of healing for Dr Alan Tomlinson. As Chairman of the Sportron Group of Companies he has for decades and in many countries presented lectures that detail this philosophy. In response to a demand for these talks in print, Tomlinson has now condensed their essence into an easily assimilated 115-page publication. Always motivated to inspire, he emphasises that this is a book about HOPE – “one of the most powerful remedies in the world” - and which he defines as an acronym for “Healing Orientation through Principled Engagement”.

A qualified teacher with degrees in psychology, biblical studies and complementary medicine, Tomlinson’s academic background and experience have instilled in him a thorough understanding of integrative healing. He utilises the analogy of the wheel to convey his ideas.

“The wheel as representing our lives is useful as it portrays much about our structure and function,” he writes. “The hub stands for our spiritual component, the six spokes are those elements of our life over which we have direct influence and the outer rim is our engagement with the world at large.”

The chapters that detail the spokes provide interesting and practical advice on a wide range of health-enhancing subjects. Spoke 1 not only looks at how emotions affect our bodies, but also incorporates information on the positive benefits of laughter, colour, fragrance, wholesome sex, music, wonder and gratitude.

Diet is discussed as the second spoke, in which Tomlinson offers his Principles of Good Nutrition as well as insights into the food groups, plus charts on GI foods and the vital role of water. Types of exercise and their physiological effects are incorporated under the third spoke, while the necessity and functions of refreshing rest, the importance of thorough elimination and the role of appropriate supplementation make up spokes four, five and six respectively.
The Hub is a more personal chapter in which Tomlinson discusses his spiritual approach to life and in the final chapter, The Rim, he details the rewards of engaging richly in life and with community.

As the Introduction declares: “In this book, I outline strategies that I believe provide the most beneficial and effective route to optimum physical and emotional health – strategies that, if applied with commitment and discipline, can assist us in attaining the most from life and enable us to be the best that we can be.”

Balanced, well-structured and informative, the publication will be an asset to anyone who aspires to living life well. Available from: www.sportron.co.za and all Sportron offices countrywide.

BRIAN TURNER: Rest in Peace ...

Health industry stalwart Brian Turner passed away on 9 September 2009. A well-known and respected personality, he dedicated much of his life to the complementary medicine cause, spending 27 years at Pharma Natura. For almost two decades he served on the HPA Executive Committee, primarily as Chairman of the Technical Committee. “He played an invaluable role on the committee as he had exceptional technical and scientific knowledge of health products and natural substances,” remembers HPA Executive Secretary Deirdre Allen.

Throughout all the years that he worked in the complementary medicine field, he was totally committed to enabling the general public to have access to - and trust in - health products that originated in nature and were in harmony with it. He always insisted that it was of paramount importance to achieve and maintain the highest quality and integrity within the complementary medicine industry.

Paying tribute to him, Dr Alan Tomlinson said: “Brian served our industry with distinction for many years. He was competent, knowledgeable and incredibly loyal and supportive. A man of principle and integrity, he was a credit to our industry and we are grateful for his detailed work and contribution.”

He is survived by his wife of 35 years, Sophia, along with daughters Danielle and Amanda.

INTRA-AFRICAN AFFILIATION

As an appreciation of the benefits to be gained from health products gathers momentum worldwide, in Africa, health industry representatives are joining forces to ensure that health products play a defining role in national healthcare systems. Leading this movement in a pathfinding initiative, the HPAs of South Africa and Kenya have formed a valuable affiliation. 

“Kenya has 26 member companies and we will liaise with HPA Kenya, ensuring they receive all our communications…they in turn will disseminate that information to their members,” reports Deirdre Allen. “This is an important contact for HPA SA as well as for our members, who may wish to interact with them and forge productive partnerships.”

RESEARCH & REGULATION NEWS FROM AROUND THE WORLD (Supplied by IADSA)

LIMITS ON HEAVY METALS

EU: Concerns about heavy metal contamination has prompted the European Commission to set limits on these substances in food supplements. The ruling came into effect throughout the EU in July this year.
The limits for food supplements are:

• lead:             3 mg/kg
• cadmium:      mg/kg except for seaweed products (3 mg/kg)
• mercury:       0.1 mg/kg

Due to possible difficulties in meeting these limits for cadmium in supplements derived from fish, the European Federation of Associations of Health Product Manufacturers (EHPM) has contacted its members to determine the extent of this problem.

GENETICALLY MODIFIED REACTIONS

EU: Considerable resistance to genetic modification is a concern in the European Union. As a result of a number of court cases concerning the interpretation of EU regulations, the European Commission’s Director General for the Environment has launched an evaluative study to look at reactions to genetically modified crops in Europe.

The aim of the project is to ‘…assess how far the implementation of the legislative framework has achieved its objectives’,which include the protection of human and animal health, defence of consumers and environmental interests, plus the functioning of the internal market. The evaluation, which will involve a questionnaire for a broad range of stakeholders, is due for completion by early 2010.

WEIGHT-LOSS SUPPLEMENTS IN TROUBLE

In the United Kingdom, the UK Food Standards Agency has warned against the consumption of Hydroxycut weight-loss products due to a suspected connection with serious liver damage. The products were recalled in the US some months ago. Although the UK formula may be different, the FSA has not yet identified the specific problematic ingredient and therefore decided to issue an official public warning.

In the US, the Food and Drug Administration (FDA) has instituted a voluntary nationwide recall of four weight-loss products which were found to contain sibutrame, an undeclared drug-ingredient known to increase blood pressure and presenting significant risk for people with heart problems.

NOVEL BEE VENOM

NZ: Honeybee venom has an anecdotal history of alleviating arthritis symptoms. Now, a New Zealand company is extracting this venom via a ‘milking’ process and adding it to honey. The company has applied to the FSA for approval to market this product as a novel food ingredient.

GOVERNMENT BACKS SUPPLEMENT TRIAL

US: Vitamin D and marine omega-3 are to undergo the largest ever randomised trial to assess whether moderate to high doses of these supplements can have a preventative effect on heart disease and cancer. Funded by the National Institute of Health plus other institutions and agencies, the randomised double-blind, placebo-controlled clinical trial will take place over five years and involve 20 000 participants, including women over 65 and men over 60 with no prior history of cancer, heart disease or stroke.

FOLIC ACID FORTIFICATION DELAYED

NZ: The fortification of bread with folic acid was due to become mandatory in New Zealand in 2009. Now, a further review of policy has resulted in the New Zealand Food Safety Minister and her Australian counterpart agreeing to delay implementation until May 2012. The view of IADSA member Natural Products New Zealand (NPNZ) is that the mandatory inclusion of folic acid in bread is unnecessary. NPNZ’s Executive Director, Michelle Palmer, says the “most effective way to increase levels of folate safely is to take supplements in conjunction with a healthy diet. We don’t know how mandatory inclusion of folate would affect all groups of people”.

ASPARTAME UNDER INVESTIGATION

UK: A pilot study on possible adverse reactions to the sweetener aspartame is to be set up by the UK Food Standards Agency.

The 18-month study, which will take place in a clinical setting and under medical supervision, will ask people who have suffered reactions such as headaches or stomach upsets to eat, on two occasions, a product which may or may not contain aspartame. Any symptoms will then be recorded and a blood sample taken to measure biochemical parameters.

Although the agency still considers aspartame to be safe, FSA’s chief scientist believes that it is important to increase the knowledge about what happens when people think they react badly to consuming the sweetener.

HEAVY PENALTIES FOR
FRAUDULENT MARKETING

US: A fine of $12m and possible jail sentence of up to 25 years could be handed down to a Michigan businessman who used his company to repackage and sell unapproved new drugs via the Internet. He marketed these as dietary supplements for the prevention or treatment of various diseases including diabetes, high blood pressure and high cholesterol.