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Health Freedom in Chile Threatened
By Pharmaceutical Assault Against Dietary Supplements
Supreme Decree 855 - Postponed for 6 months

by Matthew Pinkerton

The SD 855 is an unconstitutional supreme decree. It intends to change the Health Code without the will of congress, a constitutional requirement. The change will include a reclassification of vitamins, minerals, amino acids and herbs from "foods" to "complimentary medicines", a classification regulated by pharmaceutical sub department of the Health Ministry.

Salud Natural's (SN) first move against the decree was to take the matter to court on constitutional grounds. The constitution of Chile states that the creation of laws is the sole right of congress. Thus if any changes to the existing laws of Chile are to made it must be via the congress.

The obvious approach through the judicial system is proving to be a dead end. The courts ignored Salud Natural's argument that SD 855 was unconstitutional. They bottom line response was the President can because he is the President. SN lawyer at this point gave up on the case, he considered it a waste of time to continue the fight and insisted that the government could do what it wanted because it was the government.

At present Salud Natural is employing the services of a student lawyer who understands the structure and hierarchy of the government departments. His knowledge has been invaluable as it has open up knew alternatives to defend health food freedoms and attack the present illegal changes to Health Code.

SN first tactic has been was get as many health food stores as possible to write a letter requesting a stay on the decree reasoning it demands that various foods be reclassified as drugs the health food industry needs time to adjust. The six months period between the publication of the decree and the date on which it comes into effect was not sufficient for the health food industry to change registrations, labeling, remodel premises etc, particularly when the decree makes no specific delineation (other various herbs) between what now is a food and what is a complementary medicine.

This has resulted in a 6 month stay, 6 months to raise hell.

If it was not for the diligence of Salud Natural the decree would have been published unnoticed by all and enforced come 31 January without warning. It is my contention that this was what was intended. At no time has the health food industry been consulted as to their opinion, nor was it for warned about these changes to its own industry.

Not only was the health food industry not informed of the decree but the decree its self raises more questions about the intended changes than it answers. For example Article 72b states a that the "complimentary medicines will be, preferably, in the direct sales of establishments A and B". So the industry is faced with a "definite maybe" of being forced to sell their products through pharmacies (establishment A and B).

The major pharmaceutical chains have obviously know about the intended changes ahead of time. They have gone from a typical over the counter and prescription pharmacy to a cross between this and a small deli, stocking assorted sweets, drinks, foods, cosmetics, with health foods slip in there. Incidentally while even aspirin needs to be bought over the counter in Chile the "dangerous" health food drugs are sitting right there on the shelves next to the cookies.

One of the more eager of all the pharmacies retail chains, Pharmacia Ahumada, turns out to be a valued member of the astroturf PRODALIN. It has got into the act of creating its own line of "natural" supplements which it no doubt is eager to start selling at drug prices.

However for the present the government finds itself in a painted corner with a decree that should have caused a serious blow to the health food industry.

Because the assumption seems to have been that the law would cause he small health food stores to close down, via an inability to jump the new financial hurdles, they never bothered to inform them. This then gave Salud Natural the wedge in the door it needed and has forced the pro pharmaceutical interests that are relying on the illusion to play along.

Rather than wasting our time with another round in the courts our new legal adviser will be taking the matter to the controlar. It is the task of the Controlar to check all decrees the President must sign to ensure each is legally above board.

The major concern of the controlar is the preservation of the constitution and the law. It ensures that each new law it legally correct and has been through the correct procedures in order for it to be valid.

Accordingly Salud Natural will take the courts arbitrary response to the Controlar and asked him how is that a President can do this even though the law specifically says he cannot. Salud Natural has also raised the question of how this got to the Presidents desk in the first place.

The initial response from the controlar has been very good. He agrees that the President should not have bee allow to sign the decree and is interested in investigating the matter further. Unfortunately we will have to wait some time in March for this as February is the governments vacation month.

Salud Natural has also informed a department known as the Chamber of Deputies. This group of conservative men are responsible for examining the conduct of all government departments, including the controlar. So if the controlar does not follow up on our application the deputies will want to know why.

Salud natural has recently taken a page out of South Africa's PHARMAPACT book and have gotten the Chilean Natives involved. These indigenous tribes consist of 5 basic races. Without exception each tribe uses herbs for substance, preventative and curative measures. We have and hope to receive allot more publicity via the natives, particularly the Mapuches. These guys are known for their aggressive response to adversities via the government, even the old ladies are willing to go in for the rough stuff to protect their interests.

After a long chat with Tammy Pinkerton (secretary to Salud Natural) a number of medicine women and Lonkos (chiefs) delivered a request for a stay of SD855 since it contravened the established Indigenous Law.

The request was presented by their representative (who just happens to be on the board of deputies who will be watching the conduct of the Controlaria over the next few months) in front of a large press conference, every paper and television station reported the event.

This publicity is very significant for us as the press had treated the assault on the rights to health foods as a storm in a tea cup. We are trying to get the Indian leaders up to date with codex and the danger it represents to them so as to get the real issue and cause out in front of the public.

Recently Salud Natural manage to get a bit more indirect attention drawn to the subject via a press conference of PRODALIN. In front of the press the PRODALIN lawyers made it very clear that (1) they considered a stay to be impossible and unnecessary and (2) that they were only interested in creating a third type of pharmaceutical retail outlet.

Tammy Pinkerton and Ron Modra took notes of the conference and handed out leaflets explaining the difference between the goals of pro pharmaceutical PRODALIN and grassroots Salud Natural.

The result was a number of articles in the main newspaper questioning the reasoning behind reclassifying products like herb teas. An added bonus is a number of prominent members of Chilean society have become aware of the publicised issue and have spoken out against the decree.

SN also will be making tentative talks with the University of Concepcisn. Apparently they are very involved in the natural health food and nutritional side of things. So much so that when the President Frie decided to fluoridate the national water supply the university had it banned for the city of Concepcions supply.

This idea is very much in its initial stages (still in my head). I am thinking of drawing the Universities attention to the "UL" paper illegally tabled at codex, with special reference to the "essential mineral" bit concerning fluoride.

At the end of the day the decree probably was a good cold shower for many of those who had become the "not in Chile" chanters.

Now many realise that if it was not for the efforts of Salud Natural the supplement industry would have been a very different world in Chile. Many are now promising help and organisations SN had not heard of are coming out to add to the numbers.

Any further developments will probably not occur til after February which is the month the whole government, universities and other related institutions have their break.

Matthew Pinkerton

More information about Chile's health freedom fight as well as other health freedom issues can be found at the International Association For Health Freedom (IAHF) website

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