CAFTA/Codex Fact Sheet - Natural Products Association

Codex and CAFTA: Just the Facts
• There is concern that passage of the Central America-Dominican Republic-United States Free Trade Agreement,
commonly referred to as “CAFTA,” will force the United States to adopt guidelines for vitamins and minerals
recently adopted by the Codex Alimentarius Commission (Codex). This is not the case.
• Consistent with NNFA’s previous positions in regard to international trade agreements and Codex, sales of
dietary supplements in the United States will not be affected by passage of CAFTA or the recent adoption of
vitamin and mineral food supplements guidelines by Codex. The key reasons are:
✻ The Dietary Supplement Health and Education Act of 1994 (DSHEA) is the law that governs the use
of these products in the United States. Section 102 of the CAFTA implementing legislation in both the
House and Senate specifically states that no provision in CAFTA that is inconsistent with U.S. law will
have effect. It further states that nothing in the implementation of this legislation will “amend or modify”
or “limit any authority” of existing U.S. law.
✻ The 1997 Food and Drug Administration Modernization Act (FDAMA), which serves as the framework
for how the United States will “harmonize” its food and drug laws with international trade agreements,
contains an explicit exemption for dietary supplements. Indeed, the Congressional Research Service states
that FDAMA’s passage ensured that dietary supplements “are not part of on-going trade discussions.”
✻ There is nothing in Chapter 6 of CAFTA that indicates that the United States would be required to
change its laws with respect to sanitary or phytosanitary (SPS) measures. Rather, CAFTA’s SPS chapter
indicates that those participating in the agreement “affirm their existing rights and obligations with
respect to each other.” The Bush Administration’s Statement of Administrative Action regarding CAFTA
further confirms that no “statutory or administrative changes will be required” to implement the SPS
chapter of the agreement.
✻ Codex guidelines on vitamin and mineral food supplements do not independently bind the United
States and would not affect U.S. law concerning food supplements. As stated in a Congressional
Research Service report, “Codex guidelines are not binding on any nation, unless the guidelines are
incorporated into the laws of that nation.”
• Therefore, regardless of CAFTA’s ratification by Congress or the approval of new guidelines by Codex, DSHEA
will continue to govern the sale of dietary supplements in the United States.
For more details on CAFTA and Codex, visit NNFA’s Codex Resource Center at www.nnfa.org/Codex.
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About NNFA
Founded in 1936, the National Nutritional Foods Association is the nation’s largest and oldest non-profit organization dedicated to the natural
products industry. NNFA represents more than 8,000 retailers, manufacturers, wholesalers and distributors of natural products, including foods,
dietary supplements, and health and beauty aids. With national offices in Washington, D.C., and Santa Ana, Calif., NNFA has seven regional offices
throughout the United States and is governed by a 22-member board of directors representing all industry segments.
National Nutritional Foods Association
1220 19th Street, N.W., Suite 400 • Washington, DC 20036 • (202) 223-0101 • Fax (202) 223-0250
www.nnfa.org
Codex: Just the Facts
• A great deal of misinformation is currently being circulated stating that as a result of international decisions sales of dietary supplements in the United States will be halted this summer.
This is untrue.
• Although Codex guidelines and the European Directive regulation on food supplements have
passed, they will not affect sales of supplements in the United States.
• The United States has never adopted Codex guidelines, for dietary supplements or any
other products. It is also important to be clear that the European Directive applies only to
products sold in the European Union. It does not apply to retailers in the United States.
There is no direct impact on the U.S. dietary supplement market.
• When entering into international trade agreements, Congress took care to add provisions
that protect U.S. law, including public health statutes like the Dietary Supplement Health
and Education Act (DSHEA) of 1994. Regardless of what happens internationally, DSHEA will
continue to govern domestic sales.
• The policy of the National Nutritional Foods Association (NNFA) regarding the use and sale
of dietary supplements in the international arena has been to lobby for adoption of laws
similar DSHEA. When threats materialize to DSHEA, either domestically or internationally, it
is NNFA’s top priority to ensure this important law is protected.
• NNFA will continue to be very active with the Codex Commission by attending meetings
and filing comments that press for adoption of DSHEA-style provisions of U.S. law, such as
the ability to use structure/function and health claims. If NNFA and others are successful in
these efforts, there will be no concern about selling supplements in foreign countries under
more restrictive rules.
• The principles embodied in DSHEA if applied internationally will allow consumers everywhere to enjoy the benefits of a wide array of dietary supplements manufactured by a
world-wide industry that takes very seriously its commitment to the health of its consumers.
• As a member of NNFA, this store is supporting efforts to protect the law governing dietary
supplements so that consumer access to these products is not restricted.
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About NNFA
Founded in 1936, the National Nutritional Foods Association is the nation’s largest and oldest non-profit organization dedicated to the natural
products industry. NNFA represents more than 8,000 retailers, manufacturers, wholesalers and distributors of natural products, including foods,
dietary supplements, and health and beauty aids. With national offices in Washington, D.C., and Santa Ana, Calif., NNFA has seven regional offices
throughout the United States and is governed by a 22-member board of directors representing all industry segments.
National Nutritional Foods Association
1220 19th Street, N.W., Suite 400 • Washington, DC 20036 • (202) 223-0101 • Fax (202) 223-0250
www.nnfa.org