The very long road to regulate alternative medicines
Who would have thought vitamin pills could be so controversial? For close to 20 years, Parliament has been trying to implement a set of rules that would ensure natural health products were safe and true to label. Finally, reform to replace legislation that was enacted in the 1980s is inching closer to passing into law.
But it has attracted the attention – and ire – of the conspiracy theorist network that grew out of the Covid-19 anti-vaccine movement.
Complementary medicines have long been a tough pill for MPs to swallow.
A trans-Tasman drug agency to regulate products was first proposed by National in the late 1990s. Helen Clark’s Labour government then took up the idea.
The alternative medicine industry fiercely opposed the legislation.
Although NZ First agreed to support it to first reading, with compromises, the Government couldn’t get enough support and shelved the bill. It was an unhappy episode for Winston Peters’ party, which had originally opposed the regime. He was forced to confront a protest on Parliament’s forecourt, angrily denying he’d reneged on promises.
Post the 2008 election, the issue was revived. The Natural Health Products Bill formed part of a memorandum of understanding between John Key’s
National and the Green Party, and would have created a stand-alone agency to oversee the booming natural health products industry.
The teal pact lapsed after the 2011 election, but National pushed on with new laws which would regulate vitamin and dietary supplements, echinacea and fish oil.
Although it came close to passing final hurdles in 2013, the legislation languished for years at the bottom of the order paper – Parliament’s agenda – as other business took priority. (There was also heavy lobbying from parts of the industry.)
Then something strange happened, an event that
should perhaps raise the curiosity of our conspiracy theorist friends. The bill mysteriously disappeared from Parliament’s legislative agenda when the Government changed in 2017.
Generally, when Parliament dissolves ahead of an election, each bill set down for debate on the final order paper lapses. When the new Parliament sits, there is a motion to reinstate bills. Usually, the bills carry over.
That’s mostly what happened in November 2017. But three bills weren’t revived: an income splitting bill sponsored by United Future, which had only narrowly passed first reading; a regulatory standards bill, championed by ACT but which passed the first stage with a slim majority; and that Natural Health and Supplementary Products Bill, which had passed its second reading 120-1.
No-one in Government was able to explain what happened to the bill, or why it was quietly dropped. At least on the record.
And so, in 2018, the policy work started again, first under the watch of David Clark and then Andrew Little.
A fresh impetus came with the pandemic, when the government was trying to quickly import new antivirals and vaccines, but came up against an outdated, 40-year-old Medicines Act.
An omnibus bill was introduced under urgency before Christmas. It allows emergency or provisional approvals in public health emergencies and regulates medical devices, like surgical mesh.
The regime will also ensure the safe use of new medical technology, like cell, gene and tissue therapies.
Lastly, it puts controls on traditional and herbal medicines, vitamin, mineral and diet supplements, and products like deer velvet and bee jelly.
It is this that put the reforms on a collision course with the anti-vaccine community, where holistic
No-one in Government was able to explain what happened to the bill, or why it was quietly dropped. At least on the record.
health ideology commonly tips into science denialism and the promotion of conspiracy theories.
As the pandemic vanished into the rearview mirror, groups like Voices for Freedom needed a new cause.
VFF, the anti-vax group that declared its intention to make New Zealand ungovernable, led the campaign in opposition, alongside other notable quacks.
Their supporters have gummed up the health select committee with rambling, nonsensical submissions. The feedback process was twice extended.
The select committee process is one of the best features of our democracy and its infrastructure is more than able to cope with a large influx of feedback.
And there are also genuine issues to be worked through, such as concern the bill overreaches into traditional practices like Rongoa¯ Ma¯ ori.
But, given more than 80% of the natural health products industry support the bill (with some conditions), this dissent is unlikely to deter the Government from passing the reforms.