A Triumph of Astroturf?
How a consumer protection law may be defeated
by a faux consumer watchdog campaign
by Daniel Loxton
Is it possible for a vested business interest to derail national legislation by posing as a consumer watchdog? We’ll soon learn whether a shadowy mail order drug company’s fierce, artificial grassroots campaign will rob the Canadian people of an important public safety law.
In April 2008, Canada’s federal Parliament began considering a proposed law1 — Bill C-51 — that would revise the body of laws regulating food and drugs in Canada (the Food and Drugs Act). Of particular interest to skeptics, C-51 would finally allow Canadian federal health authorities (Health Canada) to enforce existing laws2 that require substances sold under the multi-billion-dollar “natural health products” umbrella to be safe, unadulterated, honestly labeled, and marketed with supportable claims.
Although regulated in Canada since 2004, natural health products nevertheless enjoy a hothouse climate of easy licensing, minimal oversight, and toothless enforcement — which C-51 is designed to improve. “For instance,” Health Canada noted in a recent press release, “in dealing with cases of counterfeit [drugs], Health Canada has been limited to imposing a maximum fine of $5,000.”3
Think about that for a moment. The U.S. Federal Drug Administration estimates that “upwards of 10% of drugs worldwide are counterfeit, and in some countries more than 50% of the drug supply is made up of counterfeit drugs.”4 Counterfeits may contain any active ingredients in any amount, poison, or no active ingredient at all. Yet, if a Canadian company earns millions selling dime store candies in medicine bottles, Health Canada is powerless to fine them an amount they’d even notice. Bill C-51 would raise the maximum fine to a heftier deterrent of $5,000,000 (more if the offense is “reckless” or “willful”).5
Health Canada’s limited enforcement powers have created a wild west landscape in which the good, bad, and ugly parts of the supplement industry have all thrived. Not surprisingly, many — especially the shadiest operations — would like things to stay just as wild as they’ve been.
Amazingly, one supplement company’s sly manipulation of public opinion could accomplish just that.
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