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Is the Medicines and Healthcare products Regulatory Agency falling foul of the law?

According to Professor David Colquhoun, yes, it is. You must read his letter to the British Medical Journal regarding the MHRA’s decision to register Nelsons Arnicare Arnica 30c homeopathic pillules as treatment for sprains and bruises:

[...]
MHRA label seems to be illegal

The strap line for the Medicines and Healthcare products Regulatory Agency (MHRA) is “We enhance and safeguard the health of the public by ensuring that medicines and medical devices work and are acceptably safe.”

Yet the MHRA has made mockery of its own aims by ignoring the bit about “ensuring that medicines work” and allowing Arnica 30C pills to be labelled: “a homoeopathic medicinal product used within the homoeopathic tradition for the symptomatic relief of sprains, muscular aches, and bruising or swelling after contusions.”1

This label should be illegal anyway because the pills contain no trace of the ingredient on the label, but this deceit has been allowed through a legal loophole for a long time now. If you sold strawberry jam that contained not a trace of strawberry you’d be in trouble.

But I can see no legal loophole that allows the manufacturers of Arnica 30C to evade the provisions of the Consumer Protection from Unfair Trading Regulations 2008. One of the 31 commercial practices which are in all circumstances considered unfair is “falsely claiming that a product is able to cure illnesses, dysfunction, or malformations.”

The consumer protection laws apply to the way that “the average consumer” will interpret the label. The average consumer is unlikely to know that “used within the homoeopathic tradition” is a form of weasel words that actually means “there isn’t a jot of evidence that the medicine works.”

Since there is not the slightest evidence that Arnica 30C pills provide symptomatic relief of sprains, etc, the labelling that the MHRA has approved seems to be illegal. The MHRA is not selling anything itself, so I presume that it won’t find itself in court, but anyone who follows its advice could well do so.

Cite this as: BMJ 2009;338:b2333

David Colquhoun, research professor1

University College London, London WC1E 6BT

So - as Professor Colquhoun points out, “one arm of government proposes action that a different branch would consider illegal.” Such is the result of quangocracy.

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Posted in Alternative medicine, Counterknowledge, Homeopathy, Quackery. Tagged with , , .

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2 responses

  1. Koegelenberg said

    The World Health Organisation has also warned against using homeopathy use:
    http://news.bbc.co.uk/2/hi/health/8211925.stm

    “People with conditions such as HIV, TB and malaria should not rely on homeopathic treatments, the World Health Organization has warned.

    It was responding to calls from young researchers who fear the promotion of homeopathy in the developing world could put people’s lives at risk.

    The group Voice of Young Science Network has written to health ministers to set out the WHO view.

    WHO TB experts said homeopathy had “no place” in treatment of the disease.

    In a letter to the WHO in June, the medics from the UK and Africa said: “We are calling on the WHO to condemn the promotion of homeopathy for treating TB, infant diarrhoea, influenza, malaria and HIV.

    “Homeopathy does not protect people from, or treat, these diseases.

    “Those of us working with the most rural and impoverished people of the world already struggle to deliver the medical help that is needed.

    “When homeopathy stands in place of effective treatment, lives are lost.”

    Dr Robert Hagan is a researcher in biomolecular science at the University of St Andrews and a member of Voice of Young Science Network, which is part of the charity Sense About Science campaigning for “evidence-based” care.

    He said: “We need governments around the world to recognise the dangers of promoting homeopathy for life-threatening illnesses.

    “We hope that by raising awareness of the WHO’s position on homeopathy we will be supporting those people who are taking a stand against these potentially disastrous practices.”

    ‘No evidence’

    Dr Mario Raviglione, director of the Stop TB department at the WHO, said: “Our evidence-based WHO TB treatment/management guidelines, as well as the International Standards of Tuberculosis Care do not recommend use of homeopathy.”

    The doctors had also complained that homeopathy was being promoted as a treatment for diarrhoea in children.

    But a spokesman for the WHO department of child and adolescent health and development said: “We have found no evidence to date that homeopathy would bring any benefit.

    “Homeopathy does not focus on the treatment and prevention of dehydration - in total contradiction with the scientific basis and our recommendations for the management of diarrhoea.”

    Dr Nick Beeching, a specialist in infectious diseases at the Royal Liverpool University Hospital, said: “Infections such as malaria, HIV and tuberculosis all have a high mortality rate but can usually be controlled or cured by a variety of proven treatments, for which there is ample experience and scientific trial data.

    “There is no objective evidence that homeopathy has any effect on these infections, and I think it is irresponsible for a healthcare worker to promote the use of homeopathy in place of proven treatment for any life-threatening illness.” “

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  1. Zicam and the abuse of public health by homeopaths - Counterknowledge.com linked to this post on 2 July 2009

    [...] not to mention the harm caused by trading objectionably on an already objectionable concept, but in my last post, I brought forward the Medicines and Healthcare products Regulatory Agency’s decision to [...]

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