NUTRICEUTICALS AND THE RATH COURT JUDGEMENT
The context and background of the South African Cape Supreme Court judgement of 13 May 2008 against the Dr Matthias Rath Foundation (see the BBC article) and the South African ANC Government Ministry of Health , to stop illegal trials of vitamins in AIDS patients, is already concisely summed up in the updated Wikipedia Rath report of the same date, and the TAC report, and the self-damaging hard sell by the Rath Foundation itself.
To what extent the Rath group was conducting research trials as opposed to simply collecting feedback in a structured format becomes irrelevant when Rath websites and supporters manifestly urged patients not to take antimicrobials. It is epidemiogical bedrock that the inital study that leads to an hypothesis, and thus application for trials, permission and funding, is always observational - collation and validation of data in the field. Provided confidentiality is maintained, and no intervention has been designed, no-one needs ethical permission to collate and report data ethically collected from, for example, consumers or patients. See this report by the National Ethics Advisory Committee (New Zealand) which proposes that ethical permission is essential only for research purposes, but is not necessary for observational study for audit or public health purpose.
What these reports do not clarify is the human background:
I saw just such a patient just before that judgement was given - a gaunt young middle-aged Bantu factory owner whose wife has just had another baby, although the couple has recently become HIV positive.
Last year (when he was still HIV negative but lymphopaenic), his non-specific Reiter’s-type arthralgia after antibiotics settled on supplements; but since he stopped taking micronutrient supplements a month ago (already knowing he was HIV positive), he has develloped mouth sores, related cervical/ axillary adenopathy and now progressive dry cough and haemoptysis. Clinically he was still well, with chest clear clinically. This in a family in townships where highly resistant TB has mushroomed. He came back for more supplements. He and his wife were firmly instructed to go for urgent TB screening, CD4 count, viral load and appropriate antimicrobials, starting in the meantime with some nutritional immune supplement.
What more can one do in a ”democratic” society where TB obviously cannot be notified without good evidence, and HIV-AIDS is apparently still not a compulsorily notifiable disease ante mortem?
The diet of the poor or the ignorant - sugar, low nutritional value food, and often smoking, excess alcohol and stress, poor living/work conditions, and lack of exercise - often with little or no restful sleep, fresh air, fresh produce or fish - promotes both infections and chronic degenerative disease, such as cancer, diabetic- vascular, mental, arthritis and osteoporosis, because such lifestyle and stressed aging creatures are deficient, imbalanced in essential protective antioxidant immunomodulating anabolic vitamins minerals and biologicals eg marine fatty acids, co-Q10, acetylcysteine, carnitine, hormones and scores others.
It is common cause that the exhausted depleted body is far less able to prevent and fight disease than the healthy are, whether against common colds or tuberculosis and cancer. One has only to think of fever blisters, shingles, tuberculosis, hypertension or heart attack that are more prevalent in the stressed and nutritionally imbalanced; and the fact that the seriously ill are admitted to hospitals or sanatoria - or given both food packages and drugs- for both balanced diet and modern therapy.
It is common cause - amongst sensible natural healers (sangomas), homeopaths and naturopaths as well as the medically qualified - that it is folly to ignore antibiotics or modern therapies/ surgery with serious diseases where these are known to be responsive to antimicrobials, chemo-and radiotherapy. While designer modern synthetic antimicrobial, anticancer and anticardiovascular disease therapy may have major adverse effects, there is no contesting that they have major benefits in acute illness, especially when combined with appropriate macro- and micro-nutrition.
Drastic modern high-tech therapies are also futile, unlikely to prolong life long if underlying major malnutrition- obesity with micronutrient imbalance, or starvation- are not simultaneously addressed. And designer drug companies are well aware that prescription drugs need to be supplemented where appropriate eg Viagra with testosterone, statins with CoQ10, anti-diabetics with alpha-lpoic acid , antibiotics with vitamins and pre/probiotics, NSAIDs with gastroprotectives etc.
For cancer the evidence is comprehensively summed up at: Dietary Supplements in Patients With Cancer: Risks and Key Concepts, Part 2 Laura Boehnke Michaud, Julie Phillips Karpinski, Kellie L. Jones and Janet Espirito: Am J Health-Syst Pharm. 2007;64:467-480.
For evidence in a broader context: see 2008 Harvard Special Report on “Vitamins and Minerals: What you need to know.”
The South African Academy of Science recently released a massive three year literature search report focusing on the controversy around HIV, TB and nutrition, affirming that “no component of food has yet been identified in any credible scientific study as being an effective substitute for appropriate antimicrobial agents when indicated for the treatment of HIV or active tuberculosis infection. This does not in any way imply, however, that nutritional intervention has no role in the integrated management of these infections, especially in developing countries where nutritional deficiencies are also rife. “.
Modern science (funded mostly by investors, entrepeneurs - not often by altruistic billionaires) has been slow, reluctant to validate by scientific trials the difficult-to-disprove therapies that Linus Pauling (and even Hahnemann and Rudolph Steiner) and their students promote(d) .
In particular, major studies from Toronto Canada, and Harvard University- Dar es Salaam Tanzania, in 2006 showed striking 2 to 3 fold reductions in mortality from HIV and TB when ANTIMICROBIALS were supplemented with especially betacarotene 120 000 iu/day or zinc 45mg/day , let alone iron, selenium, vitamin C, D and E, amongst other minerals and vitamins in both endemically deprived patients (Tanzania) and western patients (Canada).
In progressive adult diseases like smoking or alcoholism damage, overweight, diabetes TB, HIV, or hypertension, it is folly, negligence not to diagnose and comprehensively treat early, whether just with lifestyle , or metformin or antimicrobials or antihypertensives respectively.
So the outcry against those who publically oppose all patented antimicrobial drugs for eg HIV is valid. But as the Academy of Science has pronounced, this is not to condemn prescription and provision of good nutrition and proven appropriate natural therapeutic supplements - which are the original and often still the best medicines.
The Cape Court judgement so far published carefully does not venture into this well-proven scientific area - nor pronounce judgement against the current Government under the ANC’s Presidents Mbeki and Zuma for it’s progressive impoverishment and (by default of adequate funding and control of the police) permitted terrorization of the masses the past decade in favour of useless weapons, institutionalized corruption and violence, and massive enrichment of the favoured bureaucrats and cadres as in Zimbabwe.. (lest it be forgotten, Mr Zuma was deputy president of South Africa from 1998 to 2004 ie from when the infinitely corrupt and avoidable Armsgate, Eskom and South African Airways insolvency disasters were forced by the ANC Govt on South Africa against massive public protests, that have ruined South and thus southern Africa.).
“The Cape court did not find that Rath’s distribution of his products was unlawful merely because they are distributed. What was deemed to be unlawful were the claims made in advertisements associated with Rath’s product distribution, i.e. the claims that rendered VitaCell a medicine. The court therefore interdicted the Rath respondents from making claims that VitaCell reverses the course of AIDS. http://www.tac.org.za/community/node/2348
In reaching a decision on the second question, whether Rath and his accomplices were found to have conducted unauthorised clinical trials, the Court ventured into new legal terrain because “the term ‘clinical trial’ has never been judicially considered in South Africa” (para 72). In the absence of relevant South African case law, the Court considered a 2002 decision of the Zimbabwean Supreme Court where “clinical trial” was defined as: “a systematic study in human beings or animals to establish the efficacy of, or to discover or verify the effects or adverse reactions of drugs”
http://www.tac.org.za/community/node/2348.
Importance of the judgment “Many people in South Africa still present far too late to the public health system, with advanced AIDS. Many patients try all kinds of alternative remedies before finally seeking help from their local clinics. Many never take the opportunity to live longer, healthier lives by using scientifically proven antiretroviral medicines because they are hoodwinked into trying unproven elixirs. Charlatans and quacks abound; some of the more notorious claim garlic , Ozone Rectal Therapy, and an African potato solution treat numerous diseases. The Minister of Health has fostered this situation by creating the illusion that people with HIV have a reasonable choice to make between antiretrovirals versus alternative remedies and by failing to enforce the Medicines Act. Charlatans operate in every society, but they usually operate on the fringes. In South Africa, charlatanism has become mainstream. This judgment has unequivocally established that the Minister of Health has a duty to enforce the Medicines Act and to uphold the scientific governance of medicine. “
ndb.
Some other references: (more…)