Oh! Now we want to bring up Vanessa’s Law; Natural health industry about to take a hit

BY SIMONE J. SMITH

Attention, valued consumers of natural health products. Important changes are on the horizon that will affect how you purchase and use your favourite health care items. New regulations are being introduced that could significantly alter the way natural health product businesses operate. These changes are not just a minor tweak; they could reshape the entire industry.

As a small business owner, these new rules could make it difficult for you to continue providing the high-quality, natural products that your customers rely on. The fear is that increased costs and compliance burdens could force many of us out of business. We understand that these changes are worrying, and we want to keep you informed. Your ability to access affordable, natural health products is at risk, and it’s crucial to stay informed and engaged.

The Canadian Federal Government’s Budget Bill C-47, enacted on June 22^nd, 2023, has an application embedded within sections 500-504, which will give Health Canada extraordinary authority over the natural health products sector. Health Canada’s regulations and fees will place a considerable financial strain on natural health businesses. This could lead to significant price hikes for consumers, or even force many small and medium-sized companies to exit the Canadian market.

The new regulations by Health Canada could limit the capacity of natural health product manufacturers, practitioners, and distributors to disseminate crucial information about their products, hindering consumers’ awareness of their health benefits, and one of the most concerning aspects of this application is the potential for huge fines. These fines, which could be as high as $5,000,000 a day, will cripple and destroy the natural health community. This is particularly alarming given that natural health products are generally considered to be safe and have been used for centuries.

Now, I think that regulation in all sectors is necessary, and that is why Vanessa’s Law was enacted. Vanessa’s Law (officially known as the Protecting Canadians from Unsafe Drugs Act) was initially introduced to protect Canadians from the potential risks associated with pharmaceutical drugs (something that definitely was not followed during the pandemic). The law was named after Vanessa Young, who tragically died of a heart attack while on a prescription drug that later was deemed unsafe and removed from the market.

However, Health Canada has applied the powers and penalties found in Vanessa’s Law to natural health products through changes in the Budget Bill (Bill C-47 sections 500-504). This means that the same regulations and penalties that apply to pharmaceutical drugs now also apply to natural health products.

Health Canada is proposing amendments to the Natural Health Products Regulations and Food and Drug Regulations to align the risk-based approach to regulatory oversight for self-care products. As the scope of the regulatory proposals is significant, the proposed amendments will be advanced in separate regulatory proposals.

The new Health Canada’s Initiative is called “The Self-Care Framework.” This framework is part of a broader strategy to regulate all products that Canadians use for their health under a unified set of rules.

The Self-Care Framework is designed to categorize health products into three groups:

• Natural health products
• Non-prescription drugs
• Cosmetics

The goal is to regulate these products based on their risk level, with higher-risk products subject to more stringent regulations. However, the introduction of this framework will significantly reshape the natural health products landscape in Canada. A key concern is that the framework could limit the health claims that can be made about natural health products, restricting them to minor health issues. This could pose challenges for manufacturers in marketing their products effectively and for consumers in understanding the potential benefits of these products.

The Conservative and NDP health critics both say their offices were swamped last summer with messages from constituents worried the regulatory changes could lead to increased prices and fewer choices for consumers, but the most contentious regulatory change is still to come. Opposition MPs say it’s the one driving most of the public backlash. The planned change would force natural health producers to reimburse Health Canada for the cost of monitoring and approving their products before they hit the market.

Another concerning aspect of the Self-Care Framework is the potential for increased censorship of health information. Health Canada’s new regulations could significantly limit the ability of natural health product manufacturers and practitioners to share information about their products – regardless of their proven health benefits, or even if they are backed by studies.

Many of us depended on natural products for the health and the health of their families.  Some of our readers are not just consumers; some of you are entrepreneurs in the natural products industry. These impending changes will directly affect our personal health choices. I believe this is fundamentally wrong and against our Charter of Rights as Canadian citizens.

As consumers, it’s important to understand these potential penalties and how they might impact the availability of natural health products. The application of Vanessa’s Law to natural health products is a significant change that could have far-reaching implications.