FDA, Under Court Order, Nevertheless Refuses to Allow Truthful Claims Based on Good Science


freedom-of-speechYou would think the FDA would obey a judge’s ruling on qualified health claims. Think again.

The FTC case described elsewhere in this issue was especially important because the FDA was hoping to use the FTC to evade some recent court rulings that it cannot willfully and unreasonably censor all science about food and supplements. Meanwhile the FDA continues to dig in its heels on the same subject.

As you know, we have for some time been fighting for freedom of speech with the FDA. Supplement and food companies are allowed by law to make qualified health claims (QHCs) on their labels if they are approved by the FDA. However, QHCs are rarely approved by FDA, and when they are, the FDA-approved language usually undermines the meaning. Because of their denial of two health claims (that vitamin C reduces the risk of gastric cancer, and the vitamin E reduces the risk of bladder cancer), we took FDA to court—and won.

FDA was then ordered by the court to revise those QHCs. They did, and we have just received the revised versions—and they are as bad and intentionally misleading as before! The new QHCs all have the qualifier that “FDA has concluded there is very little scientific evidence for this claim.” Example: “Vitamin C may reduce the risk of gastric cancer although the FDA has concluded that there is very little scientific evidence for this claim.”

Frankly, we find this outrageous. It is clear that the FDA, in crafting these revised QHCs, has chosen to ignore the recent precedent set in the green tea case, where the judge stated that the FDA-approved QHC “effectively negates the substance–disease relationship claim altogether….There are less burdensome ways in which the FDA could indicate in a short, succinct and accurate disclaimer that it has not approved the claim without nullifying the claim altogether.”

We won’t let the FDA just ignore this legal ruling. We will insist that they live up to it and continue to take them to court as necessary. Even if progress is slow, we will make progress.

Why are we doing all this? Because we believe that American consumers have a right to know about scientific evidence that exists regarding the foods they eat or supplements they take. We believe that denying the right to free speech, simply because it falls under two government agencies’ jurisdictions, is both an attack on consumers and consumers’ health and is also unconstitutional.

These agencies keep demanding double-blind RCTs, but that is not an appropriate standard for foods or supplements. RCTs are impossibly expensive. Because natural supplements cannot be patented, the manufacturer could never charge enough to recoup their costs. This is why the Free Speech about Science Act (FSAS) is so terribly important.

If you have not done so already, please contact your congressional representative today and ask for his or her support on FSAS!

  • icwhite02

    If it were up to the FDA, it would be illegal to say that “Eating food keeps you from starving to death!”

  • Doug Scott

    The FDA has proven again and again that can be bot, and are too often on the side of big Pharma, and not the consumer.

  • Once again the FDA thumbs its noses at the will of the people and the judgement of the courts which they are supposed to obey. I truly believe that until such a time as the “corporations are people” laws get repealed, this will continue. It all boils down to a fairly simple fact. The people in top positions at the FDA and any other regulatory agency cannot be jailed or fined when they abuse the law, refuse to comply with court orders, or simply do things which any good judge would prohibit. This is because we must sue their employer, the FDA and not sue them separately. If we can ever persuade our government to begin to protect its citizens instead of its wealthy corporations, and dissolve or remove the corporate veil, it will become very easy to stop all this nonsense. None of the powers that be at the FDA would ever disobey a court ruling if it meant jail time. It is time to stop voting for any politician based on his/her being a democrat or Republican, and start voting in those who proclaim that this needs once again to be a government by and for the people. I won’t hold my breath but I can hope. I generally do not vote for either major party candidate for this reason. Their strings are both manipulated by the same corrupt puppet masters.

  • Terri

    FDA unbelievable, why would you want people to try being responsible for there own health? I mean who wants longer life spans with heathier,capable elderly. No one wants that, we’d rather have people sick,miserable,and waiting to die, living off of “FDA Approved Medicine”. Have you ever seen a nursing home filled with people who have just lost their facualties and wait to die. Its the most barbaric thing I have ever seen! Under a do not resisitat order but still feeding them truck loads of medications!

    • Ret

      And who gets rich? They do. And who pays the bills? We do, these people are on medicare, medicaid, social security or social security disability. By Romney’s own admission, his secretary pays a higher income tax percentage than he does. GE paid $0.00 taxes for several years. Last year they were given a several million dollar rebate. Guess who paid for that? The magic word is loophole.

  • When the FDA or FTC is violating the court’s decision, you don’t need to sue or respond because you have already won you case; just follow the decision, and let the FDA of FTC sue you (if they are so bold). Ask for damages for harassment, and consider holding the individuals responsible under 18 USC 241 or 242, which provides a jail term and fine for anyone who under color of law violates another’s rights.

  • Carol Hoffman

    Every time the FDA and FTC opens their collective mouths, they display their willful ignorance and arrogance toward the Science of Nutritional Biochemistry and Botanical Medicine…Because It is clearly FAR out of the realm of their understanding, they dictatoriallly attack!…
    The louder the voice, the weaker the argument!

    • Ret

      Not ignorance, cover up of the scientific facts that they are fully aware of.

  • the FDA is out of control and shows a level of incompetence and bad decisions. it should be disbanded and replaced with something that has the peoples best interests instead of corporate interests and government stupidity.

    • Ret

      I wish it were incompetence. This is carefully planned and structured by Monsanto, who runs the FDA. That’s why we have no GMO labels, Amish farmers shut down for selling organic raw milk, farmers sued by Monsanto because their pesticides or seeds contaminated the adjoining farmer’s land, and the pending approval of frankenfish. How are you going to know if your salmon is actually salmon? You’ll about as much as you know about the grains you eat, the pesticides you eat and the milk you drink.

  • Jon Olsen

    As soon as the empire is disintegrated, we can abolish the FDA, FTC, and a plethora of “security” agencies, all of which constitute a burgeoning fascist trend. J. O.

    • steamdwarf

      well put. this is indeed the darkest force and the most corrupt evil emperor we are facing. all hands on deck to abolish his evil agenda and where the hell is Luke when we need him???!!

  • Francea Lundstrom

    For the improvement of health and economical wisdom, people should be encouraged to read, discuss and indulge their own body whatever way they feel is beneficial to them. I support freedom of information. As long as I have the ability to research and make decisions for myself I don’t need anyone else doing it for me.

  • buck

    All federal agencies have now learned from the White House administration that they are above the law , after all , why should the administration be above the law and not them ? They are federal agencies too .

  • Michele FitzGerald

    The court ruling may strengthen existing claims/cases and prompt more to come. California, for example, vies for labeling that has great impact on the rest of the country. Bureacracy is entrenched but I have to wonder if government can appeal like a private enterprise. I think it may be time to write the powers that be for government to be for the people and to enforce the law.


    The FDA has become completely arbitrary and is not a government institution I or the American people can respect. It is a mockery of freedom and government in this republic. please make the FDA do the right things.

    • Ret

      Monsanto has taken over the FDA. If you google it you will find that the people in charge all all from Monsanto. And their best buddy Tom Vilsak heads the Dept of Agriculture. Scientists at the FDA who blow the whistle are harassed and bullied. Our news is censored, Reps Thornberry and Smith have introduced a bill to allow DoD and Pentagon propaganda. Congress has ignored a NY Judge’s order as well. Indefinite detainment of citizens is illegal and unconstitutional. When we have government agencies and the government itself, ignoring judicial orders, it’s an uphill battle. They have unlimited funds (our money) to hire cadres of attorneys who will fine comb the laws to ferret out the smallest loophole and make it the size of a Mack truck.

  • Michael Carpenter

    It seem as tho the FDA and everyone around them our on the take.I would Like to see
    Person or Persons take them on and do something reseptful for change.
    Maybe someone from Ohio will step to the Plate.

  • It may be worth pointing out the unethical nature of randomly assigned controlled trials as well. 50% of the patients are unknowingly getting placebo treatments, and 50% the treatments that are supposed to make a difference in their health condition. Therefore, if the treatments are shown to be statistically significant in their effectiveness, particularly in a life threatening illness, 50% of the people in the study have in essence had their lives cut short, or health compromised, in the name of science. Ethically, it only makes sense to give all people in the clinical trial the opportunity for the best of care, as is the case in Crossover Pilot Studies. The Control Group gets crossed over into the Intervention Group when a significant benefit is found in the study. Thanks for the awesome work that you are doing to inform the public!

    • Nikki

      Jim, All participants (who volunteer) are made aware of this before conducting them. If all get the medicine the experiment is skewed with no actual data to support their claims. Patients/volunteers and their doctors are well aware of the risks. Do you not think that that taking any kind of a medication is a crap shoot? I don’t believe in these things anyway. The pills from Pharmas scare me more than anything natural. The long list of side effects are toxic and dangerous. Yet, people thrive on going to the doctor to get one more pill to add to the cabinet full they already collected. Sorry, to me that’s not living. Between the toxic chemicals we ingest from medications and the chemical additives food companies insert in our foods no wonder everyone is diseased

  • brad roon

    Proposed mandatory label:

    “Caution: Believing FDA claims about nutritional supplementation and pharmaceutical drugs can lead to illness, disability and even death. Take in small doses.”

    • Paula Zaloga

      LOL! I love it! Brilliant and true!

  • R Andrew Ohge

    If you or I would respond to a Judicial decision in this manner, we would be immediately held in Contempt of Court, fined and/or jailed. If we remained intransigent on the issue, we could find ourselves facing Felony charges. These FDA Officials need exactly the same treatment every other American would face for the same actions. The FDA needs to find out it’s NOT above the law!

  • Robert Morrow

    When I write of speak of the FDA I call this Agency “Murder for Corporate Profit Inc” This agency has called more deaths then in 10 years of war. Why All for the 30 pieces of blood stained silver that they receive which is then used to buy your corrupt Senators and Representatives. I know my in New Mexico have been bought and paid for. I wrote with back up information and then in one instants handed the poison foods information in person to my Represtative, and nothing was done. We are being sold out and the public is being poisoned. Here in the land of enchantment.