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Aloha 'Awa leaders and Kava scientists,
This just in from the Scotsman newspaper in UK. Appears that tactic
proposed at the EU- Pacific Islands meeting ie kava has long use
pattern and therefore should not be banned is being tested in court.
Skip
"The Scotsman Wed Nov 12 , 2003
http://www.news.scotsman.com/index.cfm?id=1246282003
Actress leads fight against remedy's ban
FRANK O’DONNELL CONSUMER AFFAIRS CORRESPONDENT
A 3,000-YEAR-OLD herbal remedy that is said to combat pain, insomnia
and memory loss was banned from sale as a result of "substantially
flawed" scientific evidence, the High Court in London heard yesterday.
Kava-kava, a Polynesian herbal drink that has become the darling of the
ginseng classes, was withdrawn in January after reports that four
people had died and a further 70 had suffered liver problems after
taking it.
In a case that has become a cause célèbre for the herbal industry,
lawyers acting for the actress Jenny Seagrove and the National
Association for Health Stores (NAHS) attempted yesterday to overturn a
government ban on the remedy, which is used by an estimated 250 million
people around the world each year.
The court heard Ms Seagrove "strongly resented" a nationwide ban which
prevents her from using an ancient herbal remedy to cope with the
problem of sleeplessness. Mr Justice Crane was told the actress was
upset over the state’s "interference with her freedom to choose" to
take kava-kava, a product known for its anti-stress and soothing
properties.
The decision to prevent the sale or supply of the product had been
taken on the basis of incomplete and unsatisfactory data, said Rhodri
Thompson, QC, appearing for Ms Seagrove and the association.
Tobacco products caused thousands of deaths yet remained on the market,
while kava-kava had been banned because there was "a handful of suspect
cases", he said. "Ms Seagrove speaks on behalf of all those individuals
who have found kava-kava to be a valuable product without side-effects."
Mr Thompson argued that the procedural flaws which led up to kava-kava
(Piper Methysticum) being banned made the decision unlawful.
He accused the Medicines Commission of failing to inform the health
secretary and Parliament of a report by one of its own members,
Professor Edzard Ernst, a leading expert on the safety and efficacy of
complementary medicines, which was wholly inconsistent with imposing a
ban.
There was also a failure to consider the possibility of allowing the
product to remain on the market, but with compulsory warnings on
labels, said Mr Thompson.
The court’s decision will be an important one for the future of herbal
medicine, according to Stuart McInnes, director of the ISO group of
herbal shops.
Pointing out that kava-kava has been used for hundreds of years, he
said the decision to introduce a ban last year had more to do with the
major pharmaceutical companies wanting to grab a slice of the herbal
market, than with any proven problem with the product.
The UK market for kava-kava products was estimated to have been worth
up to £7.5 million a year before the ban.
Mr McInnes said: "At the moment, it seems anything that works is
becoming a target. And that is because the pharmaceutical companies
like to get a piece of the action."
Dee Atkinson, a director of Napiers Herbal Health Care, said she, too,
had concerns over the evidence for banning kava-kava, but she added:
"If there’s even a tiny question mark about a product, then it should
be withdrawn."
The sector has also come under threat from Europe with a new directive
that says any new remedy with a pharmacological effect must have a
licence and be tested in a similar manner to a regular drug.
Campaigners say this will cost about £100,000.
Established herbal medicines are exempt only if they have been used
around the world for 30 years and within the EU for at least ten years.
While celebrities such as Madonna, Elle Macpherson and Sir Paul
McCartney swear by natural remedies, the controversy over kava-kava has
kept alive the debate about whether herbal medicine is safe.
In September, Professor David Knight told the Festival of Science in
Manchester that further research was required to ensure remedies were
safe.
Treatments for hot and cold flushes can include extracts of the
poisonous belladonna (Deadly Nightshade), skin inflammations are often
treated with snake venom, and some remedies for stomach cramps contain
arsenic.
The hearing, expected to last three days, continues today. "
H.C. "Skip" Bittenbender, Ph.D.
Extension Specialist for Coffee, Kava and Cacao
Tropical Plant and Soil Sciences
CTAHR/ University of Hawaii
3190 Maile Way
Honolulu, HI 96822
tel. 808-956-6043
fax. 808-956-3894
office location is 112 St. John Hall http://www2.ctahr.hawaii.edu/ctahr2001/
Hawaiian Kava Center, LLC
http://hawaiiankava.com |