August 30, 2012 Mr. Reza Saffari Enerex Botanicals Ltd 115 -1750 Coast Meridian Road Port Coquitlam, BC V3C 6R8 Dear Mr. Saffari: Sent by email to reza@enerex.ca RE: Breach of the British Columbia Public Health Act I refer to the advertisement taken out by your company in the Vancouver Sun on the 30th of August 2012. Your company purports to be able to control the infectious transmission of whooping cough with the application of oil of oregano. It markets your product as a viable and safe protection alternative to vaccination during a pertussis outbreak. Section 15 of the British Columbia Public Health Act clearly states "A person must not willingly cause a health hazard, or act in a manner that the person knows, or ought to know, will cause a health hazard." Under the Act, a health hazard is defined as a condition, a thing or activity that: I. Endangers, or is likely to endanger public health or II. Interferes, or is likely to interfere, with the suppression of an infectious agents or hazardous agents. It is my contention as the Chief Medial Health Officer for the Fraser Health Authority that your advertisement has produced a health hazard as defined above, in that it is likely to discourage people from vaccination and will hamper ongoing efforts of health authorities to overcome the current outbreak of pertussis in the lower mainland. The impact of this will be to place vulnerable small children in the community at risk of contracting pertussis, becoming hospitalized and even dying. I understand a number of complaints have also been submitted to Natural Health Products Division of Health Canada as your claim that oil of oregano prevents pertussis and is a safer alternative to vaccine is a Schedule A health claim ("acute infectious respiratory syndrome") and may also be prohibited under section 3(1) and other provisions of the federal Food and Drug Act. In accordance with the broad powers granted to me by section 31(1) of the Public Health Act, I hereby order Enerex Botanicals Ltd. to take, without delay, the following steps to mitigate the public health hazard you have produced. Chief Medical Health Officer Fraser Health 400 - 13450 102nd Avenue Surrey, BC V3T 0H1 Canada Tel: (604) 930-5404 Fax: (604) 930-5414 www.fraserhealth.ca Letter to Mr Saffari Dated August 30, 2012 Page 2 1. Publish an immediate retraction, at your expense, in the Vancouver Sun, and in any other media outlet in which the same or similar advertisement was published, advising that: a. oil of oregano has not been shown to be as effective as vaccination in the management of pertussis outbreaks; b. oil of oregano has not been shown to prevent the transmission of pertussis at all; and c. Enerex Botanicals Ltd. apologizes for misleading the public in these advertisements; and 2. This notice of retraction is required to be at least of the size and prominence of the original advertisement(s) that made the false claims and must be submitted to my office for approval prior to publication by no later than Tuesday 4th September. Failure to take steps to mitigate the health hazard as required by this order may result in further action by this office. Yours sincerely, Paul Van Buynder, MBBS, MPH, FAFPHM Chief Medical Health Officer Fraser Health Authority