Make a list of what you want to know, what you need to know, and
what you already know about history of Hoodia.
As we discussed in the Overview of Hoodia, the Bushmen (or the
San) have used Hoodia plants as a natural appetite suppressant
for thousands of years. But how did the secret of the San get
out? It turns out by accident?
In 1996 the Council for Scientific and Industrial Research
(CSIR) in South Africa was doing a research of indigenous foods
that the Bushmen ate. Part of the research was to test for toxic
effects of any plants that were consumed by the Bushmen. When
they came to Hoodia Gordonii, not only was it non-toxic - it
helped animals lose weight!
They found when they fed hoodia to animals, the animals lost
weight. By 1997, the CSIR isolated the bioactive compound in
Hoodia responsible for appetite suppression and obtained a
patent. The patent was licensed to Phytopharm and they named the
molecule - P57 (because it was the 57th product they spent money
on).
Do you feel as though you have a solid grasp of the basics of
this subject? If so, then you are ready to read the next part.
What did the Bushmen get for their discovery of the Hoodia
Gordonii plant? At first - nothing! Turns out the CSIR told
Phytopharm that the tribe which discovered the Hoodia Gordonii
plant had died out and therefore no royalties were due. However,
as Mark Twain might say - "tales of the Bushmen's death were
greatly exaggerated". When the Bushmen got word that Phytopharm
stood to make billions of dollars off their knowledge about the
hoodia gordonii plant they were not happy.
Roger Chennells, a lawyer in South Africa who represents the
Bushmen, was quick to apply strong legal , moral and political
pressure on both the CSIR and Phytopharm. Chennells pointed out
to anyone who would listen that the taking of traditional
knowledge without compensation was "bio-piracy" and must be
stopped.
In what is seen as a landmark case, Chennells was able to
convince the CSIR and Phytopharm to compensate the Bushmen. Now,
any company that legally harvests hoodia gordonii from the
Kalahari desert must pay royalties back to the Bushmen. Not only
is this fair and just, it also provides an superb way to check
if the hoodia you buy is legitimate. If the company that makes
the hoodia is NOT paying royalties to the Bushmen, you do NOT
have a legitimate hoodia gordonii product.
So when will Phytopharm release a P57 based appetite
suppressant? Probably never. As we touched on in the overview,
Pfizer had originally paid Phytopharm for the rights to market a
P57 based diet pill. After a few year of unsuccessful attempts
to make P57 synthetically, Pfizer pulled out of the deal. If a
large amount of P57 could not be created inexpensively in the
lab, Pfizer was not interested.
While Phytopharm was discouraged by the Pfizer decision, they
knew that Hoodia Gordonii was too powerful an appetite
suppressant to give up trying to bring it to the market. In
December 2004, Phytopharm announced that Unilever had entered a
deal to market hoodia gordonii in its diet food product line.
Therefore, rather than producing diet drugs, it looks like
Phytopharm and Unilever will product diet supplements and diet
foods with hoodia. The first Unilever products will not be out
until 2008.
Does Phytopharm own the patent on the whole Hoodia Gordonii
plant? This is an interesting question that we are sure will be
decided in court one day. Here is our take on the situation -
Phytopharm clearly owns the patent on the P57 molecule. If you
want to try to make a diet drug with P57 you need to work
through Phytopharm.
The question of the Hoodia Gordonii plant itself being patented
is much more complicated. It is our belief that you can not
patent a plant, but you can patent the use of plants and a
process to extract plants. Here is an exact quote from Richard
Dixey, CEO of Phytopharm when he appeared on 60 minutes?
"The patent is on the application of the plant as a weight-loss
material. And, of course, the active compounds within the plant.
It's not on the plant itself," says Dixey.
So no one else can use hoodia for weight loss? "As a
weight-management product without infringing the patent, that's
correct," says Dixey.
The way we read this (and again we are not lawyers and are not
giving any legal advice) is as follows - you can sell a Hoodia
Gordonii supplement, you just can NOT say it is for weight loss.
This is why many of the best Hoodia supplements have very plain
labels that just say "Hoodia Gordonii" but do not say anything
about using it as a weight loss or appetite suppressant
supplement.
Read more about pure Hoodia Gordonii