HL Deb 11 December 2002 vol 642 cc44-6WA
Earl Baldwin of Bewdley

asked Her Majesty's Government:

Further to the Written Answer by Baroness Hayman on 12 May 1999 (WA 148), how the medicinal claims made for fluoridation in respect of caries prevention are legally compatible with the classification of mains water artifically fluoridated at 1 part per million as a food, in the light of the provisions of the Medicines Act 1968 and of Article 1 of European Directive 65/65 and subsequent case law. [HL515]

Lord Hunt of Kings Heath

When assessing whether or not a claim will affect the status of a product, the Medicines Control Agency has to consider those claims in the total context of the product. Unless the claim is directly linked to a specific product it cannot be taken into account when assessing the status of that product under medicines legislation. A food product making medicinal claims, including fluoridated drinking water, is subject to the controls of the Food Labelling Regulations 1996 (as amended). Those regulations prohibit medicinal claims in the labelling or advertising of food (including water), and it is an offence to sell food in respect of which such a claim is made or to advertise it for sale or to supply it in the course of a business. There is an exemption in the Food Safety Act 1990 in relation to the supply of water to any premises.

Earl Baldwin of Bewdley

asked Her Majesty's Government:

Further to the Written Answer by Baroness Hayman on 30 June 1999 (WA 39–40), whether, following the systematic scientific review on the evidence for fluoridation which was published by the University of York in September 2000, the Medicines Control Agency now has a duly to look at the classification of products containing fluoride. [HL516]

Lord Hunt of Kings Heath

The Medicines Control Agency does not consider that the evidence for fluoridation published by the University of York in September 2000 has produced any information which affects the classification of products containing fluoride. Products containing fluoride remain subject to a number of different regulatory regimes. These include medicines, foods and cosmetics.