Comments on: Court Finds For ANH-USA In Stunning Victory Over FDA (Thank You Jonathan Emord!)

By: Coween Dickerson

Coween Dickerson — Wed, 08 Sep 2010 04:20:06 +0000

There is No constitutional provision, clause, or suggestion that allows any government body to control or mandate individual commerce, much less force anyone to buy “insurance” (read prepaid AMA/government dictated medical services.)
Congressional powers are limited by the Constitution. Neither Reid nor Pelosi have stated any justification from the Constitution’s granting of the very limited powers. Either they have never read the Constitution, much less understood their limitations or they wilfully, maliciously ignore it. Either way, they are colossally ignorant at best. Reid says the preamble to the Constitution “gives Congress broad constitutional powers” to do whatever. Pelosi when questioned on the constitutionality says “are you kidding me, are you kidding?
Some constitutional ” scholars ” say the commerce clause gives unlimited power to Congress to regulate all aspects of interstate commerce therefore the recent Patient Affordability Act read obamacare, is constitutional, but there have been no precedents established by the courts or the Supreme Court that extends that power to individuals much less force individuals to purchase anything. But that is a long term court battle, one of which I’m counting on.
I understand Mass. is in trouble over its health care mandates. You may be able to qualify for “free” insurance if you are unable to pay, then just don’t use, which I intend to do with Medicare when eligible; until then, I am indigent by choice so don’t have to pay. Another tack is seek out membership in or start a church that prohibits medical treatment. They do exist and get into trouble all the time, but mostly are left alone. Also, seek out a lawyer that is fighting against the law; there may be a class action suit going or you can help start one. Study the law mandating the insurance; there may be a loophole.

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By: Rebel With a Fork

Rebel With a Fork — Wed, 01 Sep 2010 02:50:29 +0000

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.

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By: They Have To Take Our Supplements Away

They Have To Take Our Supplements Away — Wed, 25 Aug 2010 02:03:08 +0000

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”.)

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By: Gail

Gail — Fri, 20 Aug 2010 13:08:10 +0000

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.

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By: Frank Verano

Frank Verano — Wed, 04 Aug 2010 22:15:45 +0000

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.

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By: ANH-USA

ANH-USA — Tue, 29 Jun 2010 15:38:15 +0000

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.

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By: Conrad LeBeau

Conrad LeBeau — Tue, 29 Jun 2010 02:00:38 +0000

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

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By: Karen

Karen — Mon, 28 Jun 2010 16:44:22 +0000

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?

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By: Donella

Donella — Thu, 10 Jun 2010 16:23:49 +0000

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!

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By: John Hammell

John Hammell — Wed, 09 Jun 2010 21:25:30 +0000

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?

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By: Marlenen MacCorkle

Marlenen MacCorkle — Mon, 07 Jun 2010 16:31:38 +0000

I meant to say people with PD who do smoke are less likely to get lung cancer than those who don’t.

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By: Marlenen MacCorkle

Marlenen MacCorkle — Mon, 07 Jun 2010 16:18:42 +0000

It wouldn’t pay for them to do that, so I took it upon myself to find out what caused Parkinson’s disease, it is the keystone disease. It is an interesting disease in that people who get it are less likely to get cancer and you are less likely to get it if you smoke, and if you smoke and still have it, yuo are less likely to get lung cancer than if you do smoke. That said it is caused by the lack of something that can cause quite abit of cancers, and that something is not nicotine, it is a little mineral called cadmium. With all the bad press it has gotten it is something that would be impossible for them to admit, but if you follow the path in studies on PubMed and other sites, it makes perfect sense, There is even a study that says it protects against the mptp moose model of the disease. One of the cancers that is more prevailent in PD is melanoma, it protects against that. It induces NURR1 without which dopaminergic cells die, but it is a carcinegen. I would love to show someone the path that has the credentuals to be listened to. What I have touch on here is just the tip of the iceberg of how I came to this conclusion, I would say the evidence is irrefutable, that the implications are aweinspiring because you figure out Parkinson’s, well the game is over.

Marlene MacCorkle Ocean Park Washington

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By: Mike in MI

Mike in MI — Sun, 06 Jun 2010 23:33:40 +0000

Debbie – Are you sure you wrote what you meant? Now that BOMB’R'Care has passed and is being implemented it will probably become increasingly difficult to get anything but Medical Doctor/ Pharmaceutical grade death and dieing. That is unless people start getting serous about voting the people who passed this mind numbing madness out of office. If only it were possible Obama should be impeached right now for what he’s done and is doing. I personally don’t expect them to return our rights , now that they’ve got us where they want us, anytime soon or without a fight. You may remember King George wasn’t one to espouse freedom for anyone but himself. That’s the nature of despots and tyrrants.The Republicans have been as bad as the Dems only moving the incremental creep slower – the creeps.

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By: Angela Sheehan

Angela Sheehan — Fri, 04 Jun 2010 14:58:33 +0000

yes my sentiments exactly. this is an important victory.

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By: FDA defeated in federal court over censorship of truthful health claims - TanToday - Tanning Salon Business Forum

Fri, 04 Jun 2010 12:46:26 +0000

[...] science behind healthy foods and dietary supplements. Maybe the ITA should contact Jonathan ??? Welcome to the Alliance for Natural Health – USA FDA defeated in federal court over censorship of truthful health claims __________________ [...]

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By: FDA defeated in federal court over censorship of truthful health claims «

FDA defeated in federal court over censorship of truthful health claims « — Fri, 04 Jun 2010 07:25:25 +0000

[...] See the ANH announcement at: http://www.anh-usa.org/court-finds-…; [...]

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By: FDA Swallows Bitter Pill on Health Claim Rules « Journal of Natural Food and Healing

Thu, 03 Jun 2010 21:40:36 +0000

[...] Read the full story at Alliance for Natural Health [...]

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By: dajad terlemezian

dajad terlemezian — Thu, 03 Jun 2010 17:50:36 +0000

YIPPI YI A I’M SO HAPPY ABOUT THIS !!

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By: Losing Vaccinations and Antibiotics — The Robert Scott Bell Show

Losing Vaccinations and Antibiotics — The Robert Scott Bell Show — Thu, 03 Jun 2010 17:01:27 +0000

[...] times the charm? Jonathan Emord and the Alliance for Natural Health have beaten the FDA again, this time on the selenium issue. Will this be enough to put this rogue agency back in [...]

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By: susan ulery

susan ulery — Thu, 03 Jun 2010 15:41:43 +0000

Thanks to David Bonello for posting the actual language of the judge’s decision.

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By: Court Finds for ANH-USA in Stunning Victory over FDA

Court Finds for ANH-USA in Stunning Victory over FDA — Thu, 03 Jun 2010 13:58:09 +0000

[...] Posted June 3, 2010 This was a key federal case argued for ANH-USA and other plaintiffs by Jonathan Emord and the Emord law firm 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. Read full article. [...]

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By: BonnieB

BonnieB — Thu, 03 Jun 2010 13:52:51 +0000

I agree with Rushmeh completely – thank God someone is doing something to help us fight this outrage. I worry about it every day and getting angry is something that I don’t want to deal with constantly in my life. How can we band together to fight this evil?

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By: Cindy

Cindy — Thu, 03 Jun 2010 11:42:26 +0000

I’d be interested to know how you got rid of your allergies. I’ve successfully removed a bunch of them using Bioset acupuncture while up north, but as I live in Florida now I can’t find anyone that uses this type of acupuncture. I hate using drugs as they only treat the symptoms.

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By: Victory over the FDA | ErikMuzzy.com

Victory over the FDA | ErikMuzzy.com — Thu, 03 Jun 2010 03:15:42 +0000

[...] http://www.anh-usa.org/court-finds-for-anh-usa-in-stunning-victory-over-fda-thank-you-jonathan-emord... Share With Everyone! [...]

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By: Christina Waldman

Christina Waldman — Thu, 03 Jun 2010 02:49:49 +0000

Thank you for doing this.

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By: Jack

Jack — Thu, 03 Jun 2010 00:20:48 +0000

Looks like no one noticed that the court’s conclusion is much like CONgress allowing the FDA to continue to run rampant over our right to know… good catch David!

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By: Rushmeh

Rushmeh — Wed, 02 Jun 2010 17:13:30 +0000

This is good news but we need great news and I am confident we will have it in next 3 to 5 years.
We need to combine all our forces to lobby against FDA and those law makers who are consistently with FDA, looking up for the interest of Big Pharma and Agri. Biz giants who are ‘killing us’ . If we let this happen. the great USA will soon go down in the history as an empire destroyed by -Pharma, Agri. and Greed’.
We know GOD is with us in this.

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By: JW

JW — Wed, 02 Jun 2010 16:45:27 +0000

I’m afraid that this ruling can turn out to be a paradox, where when supplements can make certain claims of health benefits for their products, where before they could not because they could not be regulated as drugs by F.da standards, is a kind of protective shield against charges by more powerful interests eager to pounce on any claim being made. It allowed people to rely on their own research, judgement, and experience whether or not these products worked, which is the best way to use anything. It makes me nervous that claims can be made for that reason and because these same powerful interests are so hateful of competition, the small suppliers may be threatened in the future due to open information regarding health claims, with large corporations and their lawyers cheapening the whole process, gliding in to try and patent everything in their path.

This article states that “Food and supplements, being natural, cannot usually be patented”, well, there’s the rub. Large corporations are trying to do just that and have succeeded in a few cases, which is terrifying. I would rather have no health claims on my supplement bottle and judge for myself than to use some corporate-patented placebo or worse with even one health claim printed on it.

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By: Perry

Perry — Wed, 02 Jun 2010 16:42:16 +0000

The FDA is a bureaucratic juggernaut and will be back. Don’t give up the fight!

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By: Barry L. Dunn

Barry L. Dunn — Wed, 02 Jun 2010 15:40:19 +0000

Thank you so much forfighting so hard for us. The FDA needs to be disbanded and rebuilt from the ground up. Right now their just a bunch of greedy, self serving lackeys of Big Pharma. Makes my blood boil to see them in bed with that bunch. Personally, I am 60 years old and do no drugs whatsoever, and never will. I believe our bodies know how to heal itself given the proper raw materials to do so, not the synthetic junk that’s being pushed down peoples throats nowadays.Thanks for letting me vent.

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By: Albert S

Albert S — Wed, 02 Jun 2010 15:37:13 +0000

The FDA is becomming too Powerful and not as an Advocate for the people, but for the Pharmaceutical corporations and the rich and powerful. Its about time they were reined in.
We The People need to let our voices be heard against such tyrany.

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By: bolaji isijola

bolaji isijola — Wed, 02 Jun 2010 14:35:42 +0000

Hey,
Fantastic! I like the sweet taste of this victory.
The whole FDA is ridiculous joke: this”cartel” should be disbanded , and something that will serve the vast majority of the people of this nation, who believe in life not death, should replace it.
President Obama pls note.
Way to go guys, thanks for lending your voice to the voiceless, the best is yet to come,
thanks ,
Bolaji.

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By: Debbie K

Debbie K — Wed, 02 Jun 2010 13:52:44 +0000

The FDA allows our food to be contaminated with GMOs without requiring labeling as such. The fact that they would attack food supplements in this manner while promoting the indoctination of GMOs into our food system proves this institution has no concern for the welfare of its citizenry.
Please buy certified organic as this is the only way to ensure you are not getting GMOs which are potentially dangerous, causing sterility and other long term problems, as well as laying barren our lands and creating super bugs and weeds that are becoming immune to pesticides/herbicides. GMOs detroy the natural cycles of life. Please, at the very least, vote with your pocketbook.
ANH keep up the fight!!!

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By: Linda McQuerry

Linda McQuerry — Wed, 02 Jun 2010 13:46:52 +0000

Can’t thank enough the groups and individuals that are fighting to protect our rights as they relate to our health and well being. So tired of the oppression placed on the public by these super powers — makes us look like a herd of cattle being taken to slaughter. Thank you !!!

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By: Debbie

Debbie — Wed, 02 Jun 2010 13:01:08 +0000

Every little bit helps. These court cases will also help to demonstrate the seriously lopsided treatment by the media and by Congress and hopefully get others fired up to defeat the anti-supplement lobby. Accurate nutrition and supplement information is all much more important with the passage of ObamaCare and the near certainty that doctors and FDA-approved drugs will be further removed from greater numbers of people.

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By: nathan Stein

nathan Stein — Wed, 02 Jun 2010 08:05:30 +0000

thank you for your commitment on behalf of supplements and right of information. Dr stein

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By: Dalon Jones

Dalon Jones — Wed, 02 Jun 2010 07:37:22 +0000

I’m sure our elected officials would like us to believe that money doesn’t influence their decisions but the drugs money can buy and the money drug producers pay their lobbiests should be completely illegal because it is a conflict in interests. As a recovering drug addict and alcoholic I want every citizen to have the option of acquring a naturl method of being healthy, not a drugged method of feeling happy. Note to those who have convinced us to elect you because you were going to look out for us, “You can have your drugs but let me experience the true meanig of health from the natural products the earth offers all of us (No! I don’t smoke marijuana, either.)
I”m talking about the enjoyment that comes from being straight and sober – drug and alcohol free.
Sincerely, Dalon Jones excelbridges@yahoo.com

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By: Gillian

Gillian — Wed, 02 Jun 2010 06:50:08 +0000

Great! What good news.

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By: Alan

Alan — Wed, 02 Jun 2010 06:11:52 +0000

Bravo, judge Huevelle! Thank you, thank you, thank you, Jonathan Emord and the Emord law firm.

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By: Colleen Kennedy

Colleen Kennedy — Wed, 02 Jun 2010 04:38:45 +0000

This article blew me away! I kew the FDA was crooked, or at least I highly suspected it, but this article shed some new light on my suspicions- thank you! The more I read the more I learned and the more I support you. It’s a shame that there has been such a battle over allowing healthy items be available to the public. Whether it’s organic foods, supplements, non-toxic paint or cleaning supplies, what have you. It disgusts me that certain large corporations don’t want people to be health, they don’t want this planet to be healthy, or at least they don’t care or are not interested, because ultimately, it’s all about greed with them. As a user of supplements, of which I’ve had an abundance of success with, I feel this is also a win for me! Thank you for sharing and congratulations on your victory.

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By: Don Barshay

Don Barshay — Wed, 02 Jun 2010 03:38:04 +0000

The FDA is one of THE most corrupt governmental organizations of the many that have become megaphones for large corporate interests. As I perceive it, this is going to be a struggle to the death… either that of freedom and good health or the death of a corrupt, pharmaceutically-controlled government agency that needs to be majorly reconstructed. Despite the fact that the media and, indeed, politicians themselves are badly misguided and misinformed, we must ever strive to share accurate information about preventive health and the efficacy of those paradigms of healing that are OTHER than the western allopathic model, which is severely limited.

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By: tanya marquette

tanya marquette — Wed, 02 Jun 2010 03:09:23 +0000

While this is a wonderful victory, I still feel it like the finger in the dam holding back the flood. We need to get this problem fixed by undoing the FDA and beginning over again

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By: George

George — Wed, 02 Jun 2010 02:53:25 +0000

Perennial uber-attorney Jonathan Emord does it again! Thank you ANH-USA and Attorney Emord for your ceaseless efforts on behalf of all supplement users and Complementary Medicine advocates!

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By: bquinto

bquinto — Wed, 02 Jun 2010 02:42:30 +0000

Bravo to the ANH team! And especially to Emord for his tenacity in such fights! Thank you to both of you for doing what you do to protect our rights. As clearly said, such battles are rarely over with first judgment; the price of freedom must be our indomitable determination to safeguard it.

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By: Raini

Raini — Wed, 02 Jun 2010 01:39:57 +0000

Hallelujah!!!! The truth prevails …

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By: Garry Roberts

Garry Roberts — Wed, 02 Jun 2010 01:17:23 +0000

Fantatic, lets seee unwind in Europe, Great!

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By: Duke

Duke — Wed, 02 Jun 2010 01:14:19 +0000

Kudo’s this is a tremdous win! My hats off to you!
One of my First Ammendment cases was up held by the Supreme Court, recently
However, the controversy continues on.
I know the hard work involved.
Thanks!

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By: Ella

Ella — Wed, 02 Jun 2010 01:09:17 +0000

I swear I’m telling the truth – I’ve been successfully controlling my systemic nuclear radiation caused cancer with a supplement since 2002. I plan to contact the wonderful supplement company to be sure they know this news. I will not tell them what supplement I’m taking (because of the FDA law) – They make many kinds. There are many, many supplements that DO cure diseases. It is my opinion that this terrible FDA law is indirectly creating genocide in this country. I CURED my deadly allergies that I was pleagued with about 25 years ago. I believe the drug companies only put out drugs to treat the symptoms (like anti hystamines). There are a multitude of auto-immune diseases. I suspect diabetes may be one. Why doesn’t the FDA spend more time figuring out the CAUSES of these horrific diseases? I suspect I may know one of the causes of allergies.

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By: Kim Hornsby

Kim Hornsby — Wed, 02 Jun 2010 00:58:20 +0000

Opps! Sorry, wrong answers.
Kudo’s Jonathan!
Since, I am a scientist and an inventor, I am thrille about the gag order being lifted.
It is about time we were given back are US Constitional Rights.

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By: Kim Hornsby

Kim Hornsby — Wed, 02 Jun 2010 00:53:34 +0000

Considering I recovered from Cancer without sugery or radiation or chemostherapy when the medical profession gave me 6 months to live for stage 4 colon cancer. I feel the herbal supplements and all natural vitamins and minerals and organic juices would be the least of my worrys when the reality was death.
Get Real!

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By: Betsy Burnell

Betsy Burnell — Wed, 02 Jun 2010 00:44:10 +0000

Thank you Jonathan Emord and company and Judge Huvelle. Because of you we all can sleep a bit better knowing that, for the moment at least, our supplements will still be available, a vital issue for those of us who have no desire to use a pharmaceutical unless absolutely necessary.

Again, thank you.

Betsy Burnell

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By: Debbie Formica

Debbie Formica — Wed, 02 Jun 2010 00:39:47 +0000

Congratulations and thanks for fighting this one for all of us!

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By: CJ Clemens

CJ Clemens — Wed, 02 Jun 2010 00:36:34 +0000

Good to hear. Let’s hope it sticks.

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By: David Bonello

David Bonello — Wed, 02 Jun 2010 00:27:55 +0000

The following doesn’t make this seem like much of a victory:

CONCLUSION
Plaintiffs’ motion for summary judgment is granted in part and denied in part, and defendants’ cross-motion for summary judgment is denied. This case is remanded to the FDA for the purpose of 1) drafting one or more disclaimers to accompany plaintiffs’ certain cancers, anticarcinogenic, and prostate claims, or, alternatively, setting forth empirical evidence that any disclaimer would fail to correct the claims’ purported misleadingness; 2) determining an appropriate disclaimer to accompany plaintiffs’ lung and respiratory tract claim in light of the SU.VI.MAX study; and 3) reevaluating plaintiffs’ colon and digestive tract claim and drafting one or more disclaimers.

The Court denies plaintiffs’ motion to the extent it seeks an order enjoining the FDA from precluding plaintiffs from placing their proposed health claims on dietary supplement labeling. (Pls.’ Mot. at 43.) It is not for this Court to pass judgment on the validity of plaintiffs’ proposed qualifying language in the first instance, see Pearson I, 164 F.3d at 659, nor can the Court rule out the possibility that “the government could demonstrate with empirical evidence that disclaimers . . . would bewilder consumers and fail to correct for deceptiveness.” Id. at 659-60. To that end, the Court remands the claims at issue to the Agency for further review and action consistent with this Memorandum Opinion. Although the Court is limited in its ability to mandate that the Agency act by a specific date, see Consumer Fed’n of Am. and Pub. Citizen v. United States Dep’t of Health and Human Servs., 83 F.3d 1497, 1506-07 (D.C. Cir. 1996), the Court expects that the FDA will act with reasonable speed in reviewing the proposed claims and drafting disclaimer language. See Whitaker, 248 F. Supp. 2d at 17 n.20.

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By: george smeenge

george smeenge — Wed, 02 Jun 2010 00:10:55 +0000

Thank you.. Thank you…ANH-USA & Jonathon Amord !!! Our growing integrative health care needs the freedom from FDA that this case affords. As citizens we can soon tell if a promise of help is real or worthless! We don’t need the FDA to spend & spend to build the false & sick conditions that now exists on prescription drugs. The horrible side effects and death rate should keep our politicians, FDA and Big Pharma awake at night until they give back their money and resciend approvals.

The growing despair, frustration, and efforts of citizens should now be obvious as incumbants begin to realize our new goals & zeal for true representative government!!!! Grandpa George

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By: LOIS

LOIS — Tue, 01 Jun 2010 23:45:47 +0000

Thank You Jonathan Emord!….As a senior that takes nonthing buy whole food plant dertved supplements…I have excellent HEALTH…The FDA HAS TO BE ABOLISHED…IT HAS KILLED AND INJURED MANY THAT TOOK THE DRUGS…THEY SAID WAS GOOD…BUT WITH SIDE EFFECTS A MILE LONG..AND GOD PUT WHOLE FOOD AND HERBS ON THIS EARTH FOR US TO STAY HEALTHY AND MAN CAN ALONG…WITH HIS GREED…FDA…AND DESTROYED IT..EVERYTHING WE EAT HAS A PURPOSE FOR OUR HEALTH..CHERRIES FOR GOUT..IT WORKS..NOT A DRUG..BUT GOD GIVEN CURE…
THANKS AGAIN..

LOIS
HORSEHEADS, NY

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By: Sally G

Sally G — Tue, 01 Jun 2010 23:31:37 +0000

One of the things to watch at the FDA, which I believe is different at the EPA, is the revolving door of employees of chemical/food/drug companies who go back and forth between the company and the FDA. The most recent egregious example of this is Michael Taylor of Monsanto. I hope that someone takes on this crucial issue of the foxes guarding the henhouses.

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By: Diana

Diana — Tue, 01 Jun 2010 23:21:45 +0000

This is true – the FDA has restricted these facts for decades for their own sake. They need to get real and get with they should have been doing for years – protect the public with the allowance of knowledge of supplement benefits.

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By: Mary Stone

Mary Stone — Tue, 01 Jun 2010 23:21:10 +0000

Thank goodness for Jonathan Emord and law firm who have challenged the FDA so successfully. It’s also good to find a judge who can see that the FDA is overstepping its bounds once again

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By: Nicholas Filippini

Nicholas Filippini — Tue, 01 Jun 2010 23:16:17 +0000

Excellent.

I often tell people how selenium can be very effective against cancer. Of course we all know that garlic is a rich source of selenium and should be high in everyone’s diet. It is amazing to me how people are often so gullible and believe that what Doctors say is gospel truth..

As a Christian I know the Great Healer did not write RXs.

Of course much of this is becuase Doctors are taught and educated to write RXs by drug companies books in medical school and nothing more.

Congradulations on your win. Nick Filippini RN

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By: Elaine Carmack

Elaine Carmack — Tue, 01 Jun 2010 23:15:35 +0000

Thank you from the bottom of my heart, Attorney Emord. I can only hope you and the firm keep on with your defense. I send you a toast!

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By: Eldon Andersen

Eldon Andersen — Tue, 01 Jun 2010 23:12:11 +0000

Waxman has been an advisary of Supplements for a long time.I believe he is working Hand and Glove with the FDA to Stop Supplements for their buddies the Pharma Group!!!

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By: Bethany Ogdon

Bethany Ogdon — Tue, 01 Jun 2010 23:10:32 +0000

Jonathan Emord rides to the rescue again!! This is wonderful news in a sea of bad news that is currently washing over us thanks to global mega corporations (that means you, BP).

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By: Sabreena

Sabreena — Tue, 01 Jun 2010 23:08:09 +0000

Thanks for this information. I’ve shared it with my facebook page and will probably do a post on it from my blog. Keep up the great job you do.

Sabreena

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By: Don

Don — Tue, 01 Jun 2010 23:06:22 +0000

ITS ABOUT TIME!! I’m so glad to see this!!!! ANH-USA, you have made my evening!!!!

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By: Joyce

Joyce — Tue, 01 Jun 2010 23:03:04 +0000

Keep going–we need to get rid of the so called real drugs. The doctors are not calling the shots. These people have 6 weeks training to sell drugs–a pharmacist would be better at it, but then the big drug companies would be in trouble. Anymore everyone is supposed to take statins and it does your coq-10 in and then you have heart problems. There is research out there to show how much more heart problems we have within two years of starting up those stations around 1987.

Statins are just one example. There are other supplements out theire to help–the indians and the chineese know as they have used them for years.

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By: Ingrid Jones

Ingrid Jones — Tue, 01 Jun 2010 22:47:10 +0000

THANK YOU! THANK YOU!!! FINALLY!!! This has been my argument for years. A person can say or write about anything–guns, bombs, sex, crude and rude but you cannot tell people that cherries or walnuts or vitamins are good for your health?? Insane.

Congratulations and blessings on your accomplishments. You leave us “free” to go out and tell people that there really are cures for cancer and all of the other diseases out there. There is a natural way to boost your own stem cells for $100, you can help your DNA correct itself and much more. People need and deserve the truth not drug scams that cause people to lose their life saving and homes.

Next step; Go after FDA.

Bless you for your hard work.

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By: Brian Larson

Brian Larson — Tue, 01 Jun 2010 22:40:49 +0000

This is great news, when it comes to supplementation and prevention in this country. What we’ve needed all along. The body has the innate ability to heal itself if it has the vital nutrients necessary. An outstanding start maybe there is still hope for our health in this country.

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