Court Finds For ANH-USA In Stunning Victory Over FDA (Thank You Jonathan Emord!)
June 1, 2010
This was a key federal case argued for ANH-USA and other plaintiffs by Jonathan Emord and the Emord law firm. It was a remarkable seventh victory for Emord over the FDA in the area of allowable health claims for food or supplements. Unless reversed on appeal, the decision restricts the Agency’s ability to place gag orders on the emerging science behind healthy foods and dietary supplements.
The case revolved around what are called qualified health claims. In a qualified health claim, the producer of a food or supplement tries to share the state of the science behind the product with the public. If the science is less than completely conclusive, usually the case with food or food related items, the claim is “qualified”.
The FDA has never liked qualified health claims. It wants food and supplements to be treated like drugs and forced to submit to the full FDA approval process in order to make any health claims. Of course this is crazy. Food and supplements, being natural, cannot usually be patented, and nobody can afford to spend a billion dollars to gain FDA approval of claims on an unpatented product that anyone else can sell.
The FDA knows this full well. The real reason it does not want any health claims for food or supplements is probably that it fears that this will create competition for approved drugs– and drugs pay the Agency’s bills. This is a scandal that badly needs to be addressed. The Environmental Protection Agency does not, so far as we can see, represent the interests of coal mining companies. So why should the FDA represent the drug companies rather than the public? Probably because the monopoly created for drug companies by the FDA has given the drug companies vast sums to spend to gain influence. Coal companies are poor by comparison.
The judge in this case, Ellen Huvelle of the United States District Court of the District of Columbia, rendered a summary judgment. That means she felt the case was clear from the start. The FDA was violating freedom of speech by saying that no cancer related health claims about the mineral selenium could be made unless the science was completely conclusive or unless ridiculous and misleading disclaimers were added to the message.
Although this case was focused on selenium, it has much bigger ramifications. The judge was in effect saying that food and dietary supplement producers have a right under the free speech doctrine to talk about the science behind the product so long as they accurately represent that science. The FDA is currently flush with cash from new appropriations. It may appeal. Even if it does not appeal, it may fall back into a passive aggressive stance of quibbling over every word of every qualified claim. But at some point, the accumulation of court decisions against the Agency should finally result in some real change. Although the struggle is far from over, this court victory is an important milestone along the way to an eventual victory for free speech, uncensored science, and common sense.
While Emord was winning this legal victory, the FDA was yawning. Why? Because they’re morphing into the North American Union FDA as American Sovereignty is being destroyed.
They’re making an end run around DSHEA by creating one harmonized set of food and drug regs behind our backs via their Trilateral Cooperation Charter http://www.fda.gov/InternationalPrograms/FDABeyondOurBordersForeignOffices/QuadtilateralandTrilateral/Trilateral/ucm121967.htm Unless and until you address this all too real threat, and recognize that a slew of nation destroying legislation is coming at us right now that must be nullified and repealed, including so called HEALTHCARE (which you should be urging the public to work hard to NULLIFY as blatantly unconstitutional) and AMNESTY for illegal aliens (which must be strongly opposed) this victory will be meaningless. With the FDA’s TCC waiting in the wings, why aren’t you more concerned about the massive threat posed to our sovereignty by so called “Healthcare” and by Amnesty? Why aren’t you speaking out on these issues? Is it because of the conflict of interest posed by your President, Hunter Lewis having been a Trustee for the Rockefeller Brothers Fund in 1999-2000? Is it because when Mr.Lewis was Treasurer of the World Wildlife Fund, Godfrey A. Rockefeller was the Chairman? Is it because Hunter was Chairman of the World Watch Institute which was started by a $500,000. grant by the Rockefeller Brothers Fund? Is it because the Rockefellers dominate the Council on Foreign Relations which is very openly trying to dismantle America in order to force us into a North American Union?http://www.cfr.org/publication/8102/building_a_north_american_community.html
Would Hunter be willing to do a public conference call to openly discuss these apparent conflicts of interest? Would he be willing to publicly repudiate the Rockfellers population control and societal control agenda via a You Tube the way Aaron Russo did here? http://video.google.com/videoplay?docid=1263677258215075609# Please let me know. I offer to come to DC to videotape Hunter for this purpose. If he is not willing to address this apparent conflict of interest, what are we to think?
If you would, please provide me a simple constitutional defense over why the healthcare bill is unconstitutional. I live in Massachusetts and we already have this horrendous mandatory law here and it is a nightmare. I’ve decided not to pay, and yes, I will be subject to a penalty, probably around $1,000, because I cannot afford the plan I am forced to purchase. Besides, the plan pays only for mainstream medicine (and with a large deductible and does not cover many lab costs, which no doctor visit is without) and I have divorced myself from mainstream medicine, am currently studying herbal medicine and plan never to visit a conventional doctor as long as I live. they all made me sick, the drugs they prescribed made me sick. I feel I am now being forced to pay for something that is not only detrimental to my health, but goes against my beliefs. For that matter, and because my health is part of my whole body spirituality, I feel it is a violation of my right to choose my own spirituality, therefore it is a violation of the right to choose my own faith and from government “prohibiting the free exercise thereof.”
Do you have any other suggestions?
Good! It is truly great to know that there are REAL Americans left in the Courts, and in the nation.
We have completed Step 1.
Now:
Let’s throw the bums out.
Please contribute to campaigns for Candidates to replace these corrupt, psychiatric nutcases in Congress, and in the FDA.
“First, do No Harm” is their medical school oath.
Hold them to it!
Throw them out.
Then, lock them up.
Throw away the key.
Now we are talking!
Where can I obtain a complete copy of District Judge Ellen Huvelle Summary Judgement against the FDA? Does anyone know the actual case citation? Plantiff was? defendant was? I need this ASAP. How do I reach Jonathan Emord? Thanks Conrad LeBeau
The plaintiffs in the suit were The Alliance for Natural Health USA (ANH-USA), along with dietary supplement formulators Durk Pearson and Sandy Shaw, and the Coalition to End FDA and FTC Censorship, represented by Jonathan Emord of Emord & Associates. The citation is The Alliance for Natural Health USA v. Sebelius. Emord & Associates, P.C. can be visited at http://www.emord.com.
It is colossal stupidity for the FDA to suppress, in any way, information or claims about a supplement as long as there exists research supporting such information or claims. I have been taking supplements one way or another, since 1952. I try to keep up with what is the current level of knowledge about the various supplements available. Although I recognize that I cannot (statistically) cite myself as proof, at the ripe old age of 92, I still do not need to take any medications, prescription or otherwise.
We can not thank you enough for defending peoples rights to know and be informed of the truth without gag orders. We’re praying for you that you will have strength to continue in the battle and that you will have victory after victory.
The drug industry simply HAS to take our supplements away via bribing lawmakers worldwide… or this industry is doomed. Supplements and other natural measures have been found to be profoundly useful against many illnesses… to include physical, degenerative, and mental.
Already the vast majority of drugs are widely known to represent “criminal scientific and medical fraud”. The Internet contains overwhelming “anecdotal proof” of this.
If the truth about healing a myriad of illnesses became widely known,our laws would change. Public outcry would make this happen.
One of the laws that sorely needs to be changed is the law that props up the hoax of drug oriented medicine” via FDA mandate (”ONLY A DRUG can diagnose, prevent, treat, or cure a disease”)… as nutrients and other natural measures can surely do so.
Supplements have been found to be amazingly better than drugs for a number of illnesses. One of these is depression. I should know. I have found a natural therapy that corrects a longstanding state of severe depression within a matter of hours to a matter of days. I found this natural therapy over ten years ago… and my knowledge has improved since then.
It is no accident that over four years ago I lost the ability to be online without unusual hacker interference. (This occurred right after I first put my son Willy’s amazing ADHD/bipolar/sickly childhood health story on the Internet in June 2006.) This year (2010) I have had two apparent attempts on my life.
I believe that Big Pharma is deathly afraid of what I and many other people know. I also believe that Big Pharma is deathly afraid of healing nutritional supplements remaining on the open market much longer.
Lastly, I believe that the drug industry is willing to spend billions in bribe money “to stop the truth”… for “they have to take our supplements away” if they are going to survive as the industry that they are today. (Sadly, it has been repeatedly shown in democracies like the U.S. that “corporate money easily and often buys the law”.)
Between Big Pharma, CODEX, the FDA, Monsanto, and GMO crops that we probably can no longer stop – the outlook for our kids to have a healthy quality of life is grim indeed. I get so angry that people just rolled over and let this all happen – eating themselves into chemically laced oblivion.
I am grateful that organizations like ANH are leading the fight, and I hope there are enough people left who care to make a difference. I think most people don’t care, and they look at those of us who are trying to stay out of grip of the system as weirdos and freaks.
It used to be the fat lady who was the circus freak. There were only a handful of obese people. Now the skinny people are the freaks. What is the name of that new ‘mental condition’ that healthy eaters have now? They’re trying to label us as nut cases.
They want us submissive and compliant. They get closer to that goal with every passing year. Scary stuff.