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Legal Issues of Economic Integration 33(3): 305318, 2006. © 2006 Kluwer Law International. Printed in the Netherlands. , Alliance for National Health and Nutri-Link v. Secretary of State for Health and the National Association of Health Stores Health Food Manufacturers Ltd v. the Secretary of State for Health and the National Assembly for Wales, judgment of the European Court of Justice of 12 July 2005, not yet reported By * 1. Introduction: The Food Supplements Directive Once again an internal market directive is under siege. This time it concerns the validity of the Food Supplements Directive (hereinafter: the Directive) that regulates several aspects of the market for vitamin and mineral supplements.1 Several businesses involved in the marketing of these products did not particularly welcome one of the Directive's most distinctive features: the system of `positive lists' established in Articles 3, 4(1) en 15 of the Directive. Through these `positive lists' the Directive attempts to achieve total harmonization of the market for (this type of) food supplements.2 Only if a vitamin or mineral supplement is placed on these `positive lists' can it be marketed. The Member States are to ban all products that are not on these lists as
Legal Issues of Economic Integration – Kluwer Law International
Published: Aug 1, 2006
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