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Commission reply to challenge

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European Commission is ignorant of Community legislation on medicines and foods.

We got a reply from Brussels - and it was rubbish!

Doug Cross 17th October 2010


Three weeks ago we sent our letter to Commissioner John Dalli, in charge of the EC Department dealing with Health and Consumer Affairs, asking him to intervene in the continued illegal use of fluorosilicates in the prophylactic treatment of dental caries. So now I can report that we have at last recieved a response, at third hand, from Unit C8 of SANCO.

And it was utter nonsense!

It is depressingly obvious that this Unit of SANCO is hopelessly unfamiliar with the European law on medicines and foods, a rather alarming revelation considering the Department’s official remit. My argument that fluoridated water is a medicinal product was rejected by SANCO, by recourse to the wildly inappropriate ‘Garlic capsules’ case, heard before the European Court.

Every member of the public accepts that fluoridation IS medication, so just what does it take to get even the most elementary facts through to the hemi-intellectuals
* within the Brussels Bureaucracy?

These odoriferous European Court cases that are relied upon by those beloved dimwits, our two governments' bumbling medicines regulators, the MHRA in the UK and the IMB in Ireland, are of no assistance whatever in clarifying an already perfectly transparent issue.

Yet these ignoramuses claim that they have the authority to make their own ill-informed - or should that be perverse? - decision on what substances may be administered to the public entirely without the benefit of the strict controls set up to protect us against bogus ‘medicines’.

Well they don’t - as I have already stated, fluoridated water is a ‘functional drink’ and no amount of wriggling and evasion will make it otherwise.

Fluoridated water is not 'water for human consumption'


SANCO even implies that the Drinking Water Directive ensures that we, the ignorant and bovine general public, are fully protected regarding the quality of water that Water Companies are permitted to supply to us. Well, here's news for Brussels, and all those fluoridating Water Companies out there, who believe that they are indemnified against medical claims from the public - they aren't!

Fluoridated water is NOT 'water for human consumption' as defined in that Directive. As a medicinal product, it is must be regulated not as a food, but as a medicine. But even if they deny this, wrongly claiming that such 'drinking water' really is still a food, then they are still under a delusion if they imagine that they are immune from claims from the public.

If in fact their product is a food, it has had fluorosilicic acid added to it as the source of the 'mineral' fluoride. So they should be sure to make themselves familiar with the prohibition in European law - which must be enforced under English and Irish law as well - on the use of any source materials for minerals that are not specifically authorised for this purpose.

European law now permits the use of sodium and potassium fluoride as sources of the so-called mineral, fluoride for use in foods. The use of fluorosilicates for this purpose is prohibited, and the dead-line for nominating other source materials (including fluorosilicates) as food supplement expired five years ago. Even more relevantly, the deadline for registering novel sources of minerals expired in January 2010 - see our front page today. Significantly perhaps, no British Water Company submitted a relevant Application for permission to register these highly toxic chemicals for this purpose before either or these deadlines.

But this is actually of only indirect interest, just in case anyone wants to claim that fluoride is a 'supplementary source of the mineral fluoride' (and who do we know who regularly make this error of judgment!) (I won't comment on the unbelievable stupidity of actually permitting any form of this toxic element to be deliberately added to foods, other than to remind you that whilst ignorance is easily cured, stupidity is for life!)

If a Court were to assume- wrongly - that this product is indeed still a food, then it would also have to conclude that supplying drinking water to which fluorosilicic acid has been added is in fact an offence, because it contains a mineral that has been derived from a prohibited source material.

This is so regardless of the nomination of fluorosilicates under the English fluoridation legislation - the Government had no authority to ignore the European legislation in drawing up the original legislation promoting water fluoridation.

Water Company lawyers should have spotted this violation, but didn't, so they now find themselves in what the Chinese would undoubtedly refer to as 'interesting times'!

( * Hemi-intellectual, from the Greek hemi - half, and intellectual - of, or relating to, the intellect; hence, a wit.)

And if there ever were - God forbid! - another Camelford Poisoning in a fluoridated water area, then members of the public living there would not be able to claim for medical damages by relying on the protection supposedly afforded by the Drinking Water Directive, because the Directive does not apply to this product. Just think about that, next time there's a problem with the water supply in an area where the water supply is deliberately fluoridated.

Garlic capsules and fermented Red Rice - just what have these people been eating?

SANCO's pathetic attempt to reject the 'Functional Drinks' ruling of the European Court by recourse to the 'Garlic Capsules' and Hecht-Pharma 'Red Rice' cases is like arguing that birds are fish because some have webbed feet!

The European Court has made several decisions that relate directly to the classification of medicinal products, but these, specifically dealing with Garlic Capsules and Red Rice, are more or less irrelevant, and highly misleading.

The really relevant ECJ cases, such as van Bennekom, ter Voort, and Warenvertriebs and Orthica, establish that any products that are claimed to have medicinal properties, regardless of whether or not they actually do, must be classed and regulated as medicines.

In the increasingly commercial world of ‘sports drinks’, any drink - including water - that is marketed with a claim that it has the property of treating or preventing any medical condition MUST be classed as a medicine, and neither the MHRA nor the IMB have the authority to claim otherwise.

Even in national case law, as far back as 1983 Lord Jauncy made it absolutely clear in the Scottish Court that all forms of fluoride purchased by the consumer are medicines, as they fall under the definition of medicinal products laid down in the 1968 Medicines Act and the European Medicines Directive.

So here's a practical suggestion for you. In the national legislation of Member States it is a criminal offence to claim that any food or food ingredient has medicinal properties. Any consumable substance is either a food or a medicine, and the fluoride pushers deny that fluoridated water is a medicine.

So why not draw the attention of your Local Authority's Food Standards Inspectors to this violation of food law, the next time your neighbourhood fluoride pushers try to sell you this bogus magical remedy for your kids' bad teeth?

State sponsored child abuse
.

Every week that the Commission delays in taking action to stop fluoridation, another 2,400 new-born children in fluoridated areas of England and the Irish Republic begin their exposure to a this dangerous product. According to the data reported by the authors of the respected York Review, 300 of them will then go on to develop 'dental fluorosis of aesthetic concern' - or 'shitty teeth' as they are called in the playground.

If the British government's fanatical policy to quadruple the areas of England that are fluoridated is permitted to come about, then 1200 kids every week will be condemned to this disadvantaged future - yet the authorities claim that fluoridation reduces inequalities in dental health. That's pure, unadulterated hogwash!

By any standard of assessment, such an epidemic of entirely avoidable damage to children must be regarded as State-sponsored child abuse.

What next?

So now, I have summarised the legislation dealing with SANCO’s latest delusory message, and published it HERE. And I have asked the Commissioner personally to take immediate action to stop this abuse, right now.

Now, and every week, we will show at the top of our web page the total numbers of kids who have been condemned to a future life of damaged teeth since the SCHER meeting on 17th September 2010, caused directly by the failure of the Commission to bring this travesty to a halt. We invite all others with a web site to do the same.

The ball's now in your court, Commissioner.

All you need to do is recognise that medicinal law does apply to fluoridated water, and order our two rogue Member States - the UK and Ireland - to implement the Medicines Directive with respect to this illegal use of fluorosilicates. Once that has been done, the delivery of fluoridated water through the public water supply networks will automatically be prohibited, and this large-scale child abuse within the Community brought to an end.

Meanwhile, many more of our children every week go on to face a bleak future through the disfigurement caused by dental fluorosis, and maybe even worse.

We are waiting, Commissioner, but our patience is not unlimited - other developments are now in the pipeline that could prove extremely embarassing if rogue States within the European Community are not quickly banned from practising this discredited assault on the public.


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