As I reported in my last update in March of this year, the group of practitioner associations participating in the assessment of the feasibility of conducting a national sector study of complementary and alternative medicine had submitted its initial proposal to Human Resources Development Canada (HRDC). Because there are so many initiatives in the health sector being discussed at this time, it appears our proposal is being assessed by several committees and has been delayed as a result. It is hoped that

we will have some kind of answer by the end of September. However, because of the delays, if this study goes ahead it is unlikely that it will get any significant funding until next spring.

There has been some positive news out of B.C. in recent months. The Canadian Herbalist’s Association of British Columbia (CHABC) has been negotiating with the B.C. Health Professionals Council over the past five years. This spring they made their final submission to the Council. Their submission will be going through a public hearing, the results of which will be reviewed by the Council. The Council is expected to make their final decision by the end of this year. If their verdict is a positive one, the CHABC will be given the task of setting up a regulatory college and B.C. will be on its way to being the first Canadian province to regulate professional herbalists. This is great news for herbalists in Ontario as it will set a precedent and should make it easier for herbalists of other provinces to become regulated. Great work CHABC!

In the meantime, up in Ottawa there have been numerous consultations taking place around the proposed natural health product (NHP) regulations that appeared last December in Canada Gazette, Part 1. The Natural Health Products Directorate (NHPD) hopes that the regulations will be published in Canada Gazette, Part 2 by the end of 2002 or early 2003. There has been some controversy around a few elements in the development of the policies that will work under the regulations, especially regarding how these policies will affect small manufacturers. The biggest concern is cost. One of the major expenses will be in identity testing for herbs. Though it is essential that we are able to ensure the quality of herbal products, the plight of very small manufacturers must be considered. Thankfully, there has been some ground gained here. The NHPD has indicated that expensive testing methods like HPLC will not necessarily be required and that less expensive organoleptic methods (testing through appearance, smell, taste and microscopic examination) will also be acceptable.

Small manufacturers are an important part of the industry and they must be considered in any policy making. What I am hoping is that there be some kind of concession or financial assistance for these companies. Maybe our old friend Allan Rock, now Minister of Industry, will be able to help us here.

There are still places where the process of developing regulations and policies can go astray and it is important that the OHA continue to be involved in the ongoing consultation process.

The recent removal of kava (Piper methysticum) products from the marketplace is of major concern. This ban was due to supposed links between the use of this herb and liver toxicity. However, a careful review of the cases in question shows that the link between the use of kava and liver toxicity is inconclusive.

Most of the cases involved the concurrent use of known hepatotoxic pharmaceutical and social drugs and/or omitted important information. In spite of this and the fact that well-known toxicologists worldwide have recommended that kava products continue to be allowed for sale with an appropriate warning on the label, Health Canada banned the herb. They have also published unsubstantiated warnings implying a conclusive link between the use of kava and liver toxicity, including references to several extreme cases involving liver transplants and one death. Health Canada's actions are clearly misguided and they are misleading the Canadian public.

Some people have claimed that the banning of kava is proof that the proposed NHP regulations are flawed and a detriment to the industry. In reality, the decision to ban kava was made solely by the Therapeutic Products Program (TPP– formerly the Drugs Directorate). Neither the NHPD nor the NHP Expert Advisory Committee were consulted in this process. Until the proposed NHP regulations come into effect, the NHPD is essentially an empty shell without any regulations upon which to operate. If anything, the recent banning of kava clearly indicates why we should work hard to help finalize these regulations and get them through parliament as soon as possible. Any unnecessary delay in their implementation will allow the TPP to continue to exercise control over the regulation of NHPs.

In response to these recent political developments, I will be meeting in Ottawa with representatives of a number of industry, practitioner and consumer associations at the end of October. Our intention is to draft a collective political strategy to address these issues. Look for further updates at our website and in future issues of the CJH.

Michael Vertolli is the current president of the Ontario Herbalists Association.