Discussion

on herbal legislation held during the Annual Conference on 8 September 2002

The panel

Roger Tabor, Chairman of the Herb Society
Ian Thomas, Chairman, Culpeper Ltd
Chris Hayne, past Herb Society legislation adviser, now groups co-ordinator

Foreword

The most likely outcome of the present discussions with the Government in the UK is that herbal medicine will be governed by Statutory Self-Regulation (SSR), which would make alternative health treatments part of the National Health Service. The panel discussed this situation and invited questions from the audience.

A condensed version of the discussion

In the 1940s the Pharmacy and Medicines Bill would have relegated herbs to the kitchen. Fortunately Hilda Leyel and her influential friends were able to modify the bill before it became law. It is due to Mrs Leyel and the Herb Society that we are now able to get herbal prescriptions, although it was not until 1968 that herbalists gained statutory recognition. The Society is not in the same position of influence today, but members do have a responsibility to think about the situation and make their views known. Herbal medicine has moved from a strong empirical basis to an increasingly scientific system of healing and there has been enormous progress in the last four years.

Roger stressed that the Herb Society holds no brief for being pro or anti. ‘This is an opportunity for everyone to have say. Andrew Chevalier (Herb Society Council Member) looking at the net gains and balances feels that the situation is good, particularly in that more people will have a proper training’.

Some medicinal items will be taken off the shelves, but the panel felt that perhaps that was not such a bad thing. Where certification of herbs is concerned, traditional medicinal herbs will be allowed. It is new mixtures of herbs that present a problem.

Provided they are proven to be safe and of a certain quality, herbal products are seen as acceptable for medical treatment but when the EC Directive comes into force certain herbs will appear on the restricted list except when prescribed by practitioners. If herbal products are to stand side by side with pharmaceutical – they must conform to equal tests.

Regulation will mean an awful lot of work. It may be a very good thing from the point of view of safety and quality but we should consider the political aspect. ‘The EEC is set up in such a way that elected members decide what needs to be done and initiate the legislation which becomes the law. We are going to get continual interference’ (Ian Thomas).

From the floor

Q. If dossiers are required on each herb it will be very expensive to produce less-used herbs. Nobody will be able to afford to put them on the market. Supply will go down and they will become unavailable.

A. If a herb has not had a 15-30 year history of use within the UK it will need to gain recognition. There are already 16 licensed remedies and 180 loosely called ‘medicinal herbs’. In the USA it can cost anything up to $40m to have a herb certified but here evidence-based or long-use based costs are comparatively trivial (although it may not seem like it). Some herbs may become unavailable as they represent a small percentage of turnover. Then herbalists will be restricted in choice unless the fees for certification are reasonable. At least we are still allowed to grow herbs. What you grow in your own garden is up to you. You can doctor your neighbour, but you take responsibility for what you do.

Q. There is a fear that big companies are going to take over the supply of medicinal herbs. We are being battered with legislation to make large companies richer.

A. This has happened with St John’s wort. If you go into Boots the main drug stockists, you have to search for pharmaceuticals among the herbal remedies. When there’s a large demand the quality inevitably goes down.

Q. Will the EU remove our right to use traditional remedies?

A. Within the European regulations most countries continue to do their own thing. France Germany, Denmark and other European countries have established systems specific to them. There are many loopholes for certain national practices to take place.

Q. Isn’t there still a disinclination among the medical profession to encourage the use of herbs?

A. Most patients don’t admit to taking herbal material on a regular basis. It is now apparent that herbs do work and therefore interaction can occur with conventional medicines. At least if medicinal herbalism becomes part of mainstream medicine, people won’t be ashamed to admit to taking herbs.

Q. Is the Government trying to stop the sale and use of medicinal herbs?

A. The Medicines Control Agency (MCA) is concerned with adulteration and substitution, micro-biological contamination, pesticides used in non-European countries and toxic material. Most of these concerns are genuine. We do need safety standards but not over-cautious legislation arising from the tendency to sue.

Note

At present three government directives are causing concern:

Traditional Medicinal Products Directive
Food Supplements Directive
Amendments to the Medicines Directive.

There is a timescale on the legislation so if you have views, please let us know as soon as possible. You can enter into the discussion by posting a message on our Forum, Pot-pourri. To do so, click on the icon below.

If you want to find out more, try these websites

The Medicines Control Agency: www.mca.gov (check here for information on a symposium on Traditional Medicine and Herbal Remedies planned for the end of November).

Consumers for Health Choice (an independent consumer organisation): www.healthchoice.org.uk.

Herbal Information: www.herbalinfo.org.uk;.

Herb World: www.herbworld.com. Some colleges are also providing information on their websites.