Canada: Proposed Amendments to Schedule A Claims Rules Published in Canada Gazette, Part 1

The November 19, 2005 publication of the Canada Gazette, Part 1 (Vol. 139, No. 47 — November 19, 2005 - http://canadagazette.gc.ca/partI/2005/20051119/html/regle1-e.html ) contained good news and progress for the natural health products industry as the process of legislative renewal at last got to the contentious issue of whether companies should be allowed to make claims for products targeted at the list of diseases noted in 'Schedule A'.

The proposed amendments would allow natural health products to make schedule A health claims, currently prohibited under the Food and Drugs Act (subsections 3(1) and 3(2)).

Section 3 of the Food and Drugs Act prohibits the advertising of any food, drug, cosmetic or device to the general public as a treatment, preventative or cure for any of the diseases, disorders or abnormal physical states referred to in Schedule A. It also prohibits the sale to the general public of any food, drug, cosmetic or device that is labelled as a treatment, preventative or cure for any of the diseases, disorders or abnormal physical states referred to in Schedule A.

The actual proposed changes to the wording of the Natural Health Products Regulations read:

5. The Regulations are amended by adding the following after section 103.1: Prohibited Advertising

103.2 A natural health product is exempt from subsection 3(1) of the Act with respect to its advertisement to the general public as a treatment or preventative for any of the diseases, disorders or abnormal physical states referred to in Schedule A to the Act. Prohibited Label or Advertisement Where Sale Made

103.3 A natural health product is exempt from subsection 3(2) of the Act with respect to its sale by a person where the natural health product is represented by label or is advertised by that person to the general public as a treatment or preventative for any of the diseases, disorders or abnormal physical states referred to in Schedule A to the Act.

Hide comments

Comments

  • Allowed HTML tags: <em> <strong> <blockquote> <br> <p>

Plain text

  • No HTML tags allowed.
  • Web page addresses and e-mail addresses turn into links automatically.
  • Lines and paragraphs break automatically.
Publish