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Wednesday 3 June 2009

UK medicines regulator accused of maladministration


UK medicines regulator accused of maladministration over refusal to obey European Court ruling.
In a dramatic challenge, the UK's medicines regulator has been accused of deliberately failing to implement the 2005 European Court of Justice (ECJ) ruling that requires all 'functional drinks' to be regulated as medicines.John Spottiswoode, Chairman of 'Hampshire Against Fluoridation' (HAF), wrote to the Medicines and Healthcare Products Regulatory Agency (MHRA) demanding to know why it has refused to recognise fluoridated water as a medicine. In reply, John Taylor (of the improbably-named 'MHRA Information Centre') had attempted to dismiss the complaint by refering it to its 'Medicines Borderline Section. However, Spottiswoode rejected this evasion, stating that"Our reading of the 2005 ECJ ruling (HLH Warenvertriebs and Orthica (Joined Cases C-211/03, C-299/03, C-316/03 and C-318/03) 9 June 2005) is that the 'borderline product' classification has effectively been abolished."Now, in collaboration with UKCAF, John has accused the Agency of claiming to rely on this ECJ ruling case to support its position, when it actually demolishes it altogether. He says"There can be no more damning evidence of the deliberate and politically-influenced improper exercise of (your) regulatory function. The ECJ ruling MUST be enforced in every member state - failing to do so for the past four years appears to constitute very serious maladministration, and demands an immediate Inquiry."In a dramatic escalation of the confrontation, Taylor has now informed Spottiswoode that the Agency has referred the matter to its solicitors for an opinion, and will reply as soon as this is available.This is a very important escalation of the challenge to the Agency over its persistent refual to concede that fluoridated water is a medicine. It has now been forced
into a corner, and must explain its position publicly and in detail. Any opinion will now need to be completely robust and verifiable, in Court if necessary, as any cracks will be pounced upon by those expert lawyers who have been waiting for an opportunity to test the Agency's increasingly desperate attempts to to justify its extremly shaky position.

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