24.02.05

Government lawyers given hard time in Kava appeal

The natural products industry awaits the outcome of another landmark hearing following the Kava Kava appeal, heard earlier this month. A full report appears in the March issue of Health Food Business.

This time Government lawyers were given a tougher time on the key issue put by the National Association of Health Stores that the consultation process that led to the ban was flawed.

A year ago, the High Court judge dismissed the NAHS claim, despite agreeing that the consultation process was faulty. The NAHS Appeal argued that if the consultation process was flawed, then the decision to prohibit Kava Kava from sale was also faulty.

A further issue is whether a prohibition could be valid if a Minister signs the order in the absence of basic knowledge of the salient facts. If the three Appeal Court judges decide that the opinion of the UK’s leading herbal expert, Prof. Edzard Ernst, was improperly represented to the Ministers, the industry may well get its favourite mood herb back. The outcome of this point could change case law, and be relied upon into the future to ensure that consultations are fairly carried out.

The court’s decision is expected some time before Easter.

Co-incidentally, the MHRA has just begun a re-consultation on the prohibition. Information and reply forms can be obtained from Alison Daykin, MHRA senior herbal policy manager (alison.daykin@mhra.gsi.gov.uk).