The Natural Health Products Protection Association is federally incorporated as a non-profit organization with the sole objective of:
Protecting Access to Natural Health Products and Dietary Supplements.
By limiting its purpose to protecting access to Natural Health Products and Dietary Supplements, the NHPPA will focus on identifying and responding to threats facing the Natural Health Product and Dietary Supplement industry. In essence, the NHPPA will act as an industry watchdog.
STRUCTURE OF NHPPA
When consulting industry members on the structuring of the NHPPA, small and medium sized manufacturers voiced concern about the NHPPA being taken over by large companies if a membership organization structure was adopted. Whether or not this concern is warranted, there is a perception that some trade organizations in both Canada and the U.S. operate for the benefit of large members when the interests of large and small manufacturers conflict. For example, the Natural Products Association and the Council for Responsible Nutrition in the U.S. were cited as groups supporting the FDA’s Interim Final Rule on Good Manufacturing Practices for Dietary Supplements. Support for this Interim Final Rule is viewed as significant in that the new GMPs are expected to drive many small and medium manufacturers out of business. The FDA states in the Rule:
“We find that this final rule will have a significant economic impact on a substantial number of small entities…Establishments with above average costs, and even establishments with average costs, could be hard pressed to continue to operate. Some of these may decide it is too costly and either change product lines or go out of business. The regulatory costs of this final rule will also discourage new small businesses from entering the industry. The DS [industry] has been characterized by substantial entry of small businesses”.
Because the NHPPA views the survival of small and medium manufacturers as vital to the NHP industry, it was decided to adopt a board-only structure. Voting membership is limited to 5 to 7 members who are responsible for electing the NHPPA Board. This prevents the NHPPA from being taken over to promote the interests of one segment of the industry at the expense of other segments of the industry.
At the same time, the NHPPA views it at essential to involve all of its stakeholders in the decision making and direction of the NHPPA. This:
- ensures that the NHPPA is moving in the direction its stakeholders want it to move in;
- ensures that the NHPPA is getting the benefit of the input of its stakeholders, and
- better positions the NHPPA to obtain the co-operation of its stakeholders in working together on initiatives the stakeholders have requested.
The reality is, if you like what we are doing you will support us. If you don’t like what we are doing you won’t.
ON LEGAL ADVICE FOR INDIVIDUALS AND COMPANIES
Please note that the NHPPA offers support, advice and information in general terms; we are unable to offer legal opinions on a case-by-case basis.
The NHPPA, as it is constituted, is not a law firm and has no insurance to cover the consequences of any advice given. Although our president, Shawn Buckley, is a practising lawyer with expertise in health, regulatory, criminal, and constitutional law matters, his professional time is dedicated to formal clients.
The NHPPA is unable to utilize funds which are donated by our supporters, for specific purposes within our remit, to pay for private legal counsel. It is the NHPPA’s mandate to utilize funds donated by our supporters for community and industry outreach etc. not private legal counsel.
The information disseminated on our website and in our complimentary documents, such as the Emergency Kit for Health Canada Raids, is meant to address the most common circumstances. The information provided cannot substitute for the advice of a licensed professional and should not be construed as legal advice. Please consult a lawyer should you wish to clarify matters particular to your situation.
We are equally unable to recommend a specific lawyer in your region. Please contact a local bar association or law society in your jurisdiction to obtain a referral to a competent legal professional if you do not have other means of contacting a lawyer. For your convenience, we are providing links to each of the regulatory bodies in Canada:
Law Society of Upper Canada (Ontario)