EU Challenges Spains Ban on herbal Supplement Imports

BRUSSELSThe European Commission (EC) has referred Spain to the European Court of Justice (ECJ) over allegations concerning the Iberian countrys systematic ban on the import of herbal products from other member states. Under current Spanish law, food and dietary supplements containing plant extracts are considered pharmaceuticals, unless they are included on a list of permitted plants drawn up in 1973. The EC contends this ban is an unjustified and disproportionate barrier to free movement of products within the European Union (EU). The decision follows complaints from importing companies and earlier legal steps that did not lead to an opening of the Spanish market for herbal products.

Currently, herbals not on this list can only gain entry to the Spanish market via the pharmaceutical approval process, which is lengthy and expensive, and which the EC and others complain is inhibiting new product development and introductions. With this legal challenge, the EC is hoping to open up the Spanish market for imports of currently banned herbs such as ginseng and guarana. Euromonitor International reported herbal sales in Spain were 63.2 million Euros in 2005, and will blossom to about 76.1 million Euros by 2010.