Access to Natural Health Products May be Threatened

All natural health products require a product licence before they can be sold in Canada. Obtaining a licence will require submitting detailed information on the product to Health Canada, including: medicinal ingredients, source, potency, non-medicinal ingredients and recommended use. Once a product has been assessed and granted market authorization by Health Canada, the product label will bear an eight digit product licence number preceded by the distinct letters NPN, or, in the case of a homeopathic medicine, by the letters DIN-HM. This number on the label will inform consumers that the product has been reviewed and approved by Health Canada for safety and efficacy.

At this point almost 60% of product license applications have been either refused or withdrawn. These are primarily license applications for single ingredient products. The NHPPA expects that the percentage of license refusals will increase as the NHPD starts considering multi-ingredient products. In short, the industry will remain largely illegal, or the majority of NHPs will have to be taken off of the market.

The Natural Health Product Industry is under immediate threat. For example:
•    the majority of NHP License applications are being denied under Regulations that were to legitimize the industry. At this point almost 60% of license applications have been either refused or withdrawn. These are primarily license applications for single ingredient products. The NHPPA expects that the percentage of license refusals will increase to 80-90% as the NHPD starts considering multi-ingredient products. In short, the industry will remain largely illegal, or the majority of NHPs will have to be taken off of the market;
•    the new NHP Regulations are driving small and medium manufacturers out of business;
•    manufacturers continue to drop low selling Natural Health Products due to the high cost of compliance;
•    the NHP Regulations unduly increase the cost of products;
•    the NHP Regulations drive products from the market that Canadians depend upon for their health;
•    innovation on new products is grinding to a halt as it becomes clear that novel multi-ingredient products will not pass Health Canada’s scrutiny without drug-style evidence in the form of clinical trials;
•    natural health products that consumers, retailers and distributors depend upon are stopped at the border due to non-compliance with the NHP Regulations. 

Shawn Buckley, president of the Natural Health Products Protection Association, told the Straight that Health Canada will regulate natural health products into oblivion this year unless people speak out against federal “drop-dead legislation”, which requires such products to acquire a natural products licence. The problem, according to Buckley, is that many of these products play an important role in people’s well-being.
“January 1, 2010, is the drop-dead date,” Buckley said by phone. “Health Canada has said that as of that date, it doesn’t matter whether or not you have a licence application in; if you don’t have a licence, you’d better get your product off the market.”

On January 29, 2009, the Government introduced Bill C-6, the Consumer Protection Act. Since its introduction we have been contacted by many individuals and groups concerned that Bill C-6 is a re-introduction of Bill C-52, the companion Bill to Bill C-51. In analysing Bill C-6, we believe that it is a bill that every Canadian should take the time to read and familiarize themselves with. If the Bill is passed, it will set a precedent that could reshape the relationship of the State to the citizen in some very negative and surprising ways. 

Bill C-6 also imposes new red tape and responsibilities upon small businesses, many who are already overburdened with regulations.