- *FDA Beaten Again
*
- *
*
- The following was taken from Linked-in group - Holistic Health &
Wellness - and was posted by Doug Stetson. It clearly shows that the Food
& Drug Administration, created to protect the public is, in fact,
completely controlled by Big Pharma - the Drug industry. It needs to be
shut down, and re-done.
In examining the claims the FDA superficially "allowed," the Court agreed
with the plaintiffs that "the FDA's proposed claims" were "at odds with the
Supreme Court's mandate that there be a reasonable 'fit' between the
government's goal and the restrictions it imposes on commercial speech."
She stated further, "the agency has not drafted a 'precise disclaimer'
designed to qualify plaintiffs' claim. . . It has replaced plaintiffs'
claim entirely. And the Agency's 1 qualification' effectively negates any
relationship [between selenium and the disease]." She found that the
language of the disclaimers contradicted the claims and defeated their very
purpose. She also found the language inaccurate. She held the
qualifications unconstitutional under the First Amendment: "The FDA'S
replacement of plaintiffs' claim with different and contradictory language
is inconsistent with the spirit, if not the letter, of Pearson."
After this victory over FDA censorship, the agency recoiled, as it had once
before on the heels of First Amendment decisions against It when it
initially allowed two selenium claims. This time, following negotiations
with the Plaintiffs, It allowed use of the following claims on
selenium-containing dietary supplements:
Prostate Cancer Claim "Selenium may reduce the risk of prostate cancer.
Scientific evidence concerning this claim is inconclusive. Based on its
review, FDA does not agree that selenium may reduce the risk of prostate
cancer."
Colon and Rectal Cancer Claim
"Selenium may reduce the risk of colon cancer. Scientific evidence
concerning this claim is inconclusive. Based on its review, FDA does not
agree that selenium nay reduce the risk of colon cancer."
And "Selenium may reduce the risk of colorectal cancer. Scientific evidence
concerning this claim is inconclusive.
Based on its review, FDA does not agree that selenium may reduce the risk
of colorectal cancer."
And Selenium may reduce the risk of colon and rectal cancer. Scientific
evidence concerning this claim is inconclusive.
Based on its review, FDA does not agree that selenium may reduce the risk
of colon and rectal Cancer."
Certain Cancers Claim and Anti-carcinogenic Effects Claim
Selenium may reduce the risk of bladder, colon, prostate, rectal, and
thyroid cancers. Scientific evidence concerning this claim is inconclusive.
Based on its review, FDA does not agree that selenium may reduce the risk
of these cancers."
The Battle to End FDA Censorship is Far From Over
It will likely not be over until the FDA is forced by statute to relinquish
the power of prior restraint over commercial speech. In the Health Freedom
Act, Congressman Ron Paul would remove that power from the FDA. He would
thus restore the First Amendment to its rightful supremacy. The First
Amendment was intended to deny the federal government any power whatsoever
over speech and press. It was, at its core, a denial of the power of prior
restraint in this government. Until the First Amendment is restored to its
position of primacy by action to remove FDA jurisdiction over commercial
speech, we can expect the FDA to abuse its power.
Conclusive scientific evidence is very hard to come by and arguably never
arrives. So, were we to limit the universe of information that the
government declares conclusive, we would be information poor; denied basic
associational data between foods and elements of foods; and further,
disease risk reduction that could adversely affect our quest to prevent and
overcome the ravages of disease. In its zeal to ensure protection for a
monopoly on therapeutic claims for drugs, the FDA has repeatedly censored
nutrient-disease information about foods and supplements. The future of FDA
Commissioners arid political appointees lies not in the supplement business
but in the drug business, either as agents for drug companies, as lobbyists
in support of drug company interests, or as academics whose chairs are
funded by drug companies- Is it any wonder, then, that FDA Commissioners so
readily endorse FDA Anatomy Of A Victory Over The FDA censorship of
nutrient-disease information?
On August 4, 2009, the selenium-cancer risk reduction petitioners Alliance
for Natural Health, Durk Pearson and Sandy Shaw, and the Coalition to End
FDA and FTC Censorship, sued the FDA for its decision to censor the
selenium claims.
On May 27, 2010, Judge Ellen Segal Huvelle of the United States District
Court for the District of Columbia issued a landmark decision condemning
the FDA's censorship.
The FDA'S Contempt for the Rule of Law
In the FDA's argument to Judge Huvelle, the agency took the brazen position
that she should overturn the Pearson decision. The position revealed the
FDA'S contempt for the rule of law.
In our precedent based system of law, it is beyond the power of a lower
federal court to overturn a decision of a higher federal court. Thus, by
asking Judge Huvelle to overrule the Pearson decision, the FDA was asking
Judge Huvelle to violate the governing law and presume herself possessed of
a power beyond the limits of the law. Moreover, the FDA demanded that the
Court defer to the agency's judgment on whether its censorship violated the
First Amendment, arguing That Judge Huvelle should consider the deference
ordinarily accorded the FDA for actions taken under the Administrative
Procedure Act applicable to a direct First Amendment challenge. This, too,
would only be possible it the governing law were overthrown, because the
standards that govern constitutional challenges call for the Courts, not
the federal agencies, to make the penultimate decision as to whether an
agency action violates the Constitution Judge Huvelle rejected the FDA's
attempts at undoing the governing law."The Court concludes that it is
obligated 10 conduct an independent review of the record and must do so
without reliance on the Agency's determinations [of] constitutional
questions," she wrote. She went on to apply Pearson v. Shalala to the
claims, concluding each one under review unconstitutionally suppressed.
She concluded "that the FDA's position fails under Pearson I." She reviewed
the FDA's evaluation of the scientific evidence, pointing out that the FDA
had "disregarded" studies submitted by the Plaintiffs that were in fact
supportive of the Plaintiffs' claims, had excluded other studies from its
review that were supportive of the claims, and had even denied claims that
the government in argument admitted were "literally true" (the
and-carcinogenic effects and overall selenium cancer risk reduction
claims).
Jonathan W. Emord is a constitutional and administrative lawyer in
Washington, D.C. He has defeated the FDA in federal court a remarkable
seven times. Congressman Ron Paul calls Jonathan a hero of the health
freedom revolution." He is the author of four critically acclaimed books,
Freedom, Technology, and the First Amendment (1991); The Ultimate Price
(2008); The Rise of Tyranny (2009); and Global Censorship of Health
Information (2010).His books are available for purchase through Amazon.com.
He is the host of Health Law arid Politics on the Talk Star Radio Network.
He is the 2008 recipient of the Cancer Control Society's Humanitarian of
the Year award. ---
*Alternate Health Digest*
from Natural News:
Jon Rappoport reveals dirty secrets of the vaccine industry:
http://tv.naturalnews.com/v.asp?
v=1042653784AA16C2CFF9F550B88EF661
---
Interview with Stephen Miller about the Dr. Benjamin Rush Amendment to the
U.S. Constitution (medical freedom):
http://tv.naturalnews.com/v.asp?v=1D8DB972E89C5DF69B2C7F51D562AF90
---
Interview with Leslie Manookian, creator of The Greater Good documentary
that exposes the truth about vaccines:
http://tv.naturalnews.com/v.asp?v=776ECC7856D0EC8CF1B2719888A89E6A
---
Aspartame withdrawal and side effects explained - Here's how to protect
yourself
http://www.naturalnews.com/035126_aspartame_side_effects_withdrawal.html#ixzz1o2pvpJEO
---
It's official: The British Medical Journal now admits that antipsychotic
drugs kill far more people than terrorism!
http://www.naturalnews.com/035125_antipsychotic_drugs_fatalities_terrorism.html
---
Olive oil fraud alert: Much of the olive oil sold today is adulterated with
cheap canola oil. Here's a list of which brands to avoid and which ones you
can trust:
http://www.naturalnews.com/035124_olive_oil_adulterated_canola.html
---
government-run "public safety" is a complete hoax. The government actually
makes our lives more dangerous, not safer. Here's why:
http://www.naturalnews.com/035116_government_public_safety_democide.html
---
Good news for women: A single mega-dose of vitamin D has been shown to stop
severe menstrual cramps:
http://www.naturalnews.com/035114_vitamin_D_mega-dose_menstrual_cramps.html
---
Ethan Huff reports on the startling links between Bill Gates, Monsanto,
eugenics and the depopulation agenda:
http://www.naturalnews.com/035105_Bill_Gates_Monsanto_eugenics.html
---
Are cell phones really so bad for your health? Check out what the research
says:
http://www.naturalnews.com/035096_cell_phones_radiation_health_effects.html
---
GMOs are now being developed with "stacked traits" that multiply the
toxicity of the organism way beyond any single trait by itself:
http://www.naturalnews.com/035093_GMO_genetic_traits_toxicity.html
---
Conventional pasteurized milk is now scientifically linked to increased
cancer risk due to a specific hormonal molecule found in the milk:
http://www.naturalnews.com/035081_pasteurized_milk_cancer_dairy.html
---
mainstream veterinarians are now admitted that vaccines cause tumors in
animals:
http://www.naturalnews.com/035080_vaccines_cancer_pets.html
---
New evidence unquestionably links Tdap vaccines (combination of tetanus,
whooping cough, polio...) to seizures in children.
http://www.naturalnews.com/035072_Dtap_vaccine_seizures_babies.html
---
Check this out: 7 things your psychiatrist doesn't want you to know:
http://www.naturalnews.com/035067_psychiatrist_profiteering_mental_health.html
---
From Dr Mercola:
The One and Only Way You Can Tell if a Food is GMO-Free
http://articles.mercola.com/sites/articles/archive/2012/02/29/new-vermont-gmo-labeling-policy-officially-introduced.aspx?e_cid=20120229_DNL_art_1
---
"Harmless Procedure" Can Cause Narcolepsy, Muscle Weakness
http://articles.mercola.com/sites/articles/archive/2012/02/28/swine-flu-vaccine-worthless.aspx?e_cid=20120228_DNL_art_1
---
Almost Everyone Eats it, But it's a "Breeding Ground" for Disease
http://articles.mercola.com/sites/articles/archive/2012/02/27/can-sugar-be-toxic.aspx?e_cid=20120227_DNL_art_1
---
Do You Have ANY Idea How Absurd U.S. Farm Subsidies Are?
http://articles.mercola.com/sites/articles/archive/2012/02/27/us-farm-subsidies-absurd.aspx?e_cid=20120227_DNL_art_2
---
Komen's Race is for Money, Not the Cure
http://articles.mercola.com/sites/articles/archive/2012/02/22/breast-cancer-awareness-ribbons.aspx?e_cid=20120226_SNL_MS_1
(So, what's new - None of the "ig charities want research that might "cure"
their disease and put them out of business)
---
97% of Terminal Cancer Patients Previously Had This Dental Procedure...
http://articles.mercola.com/sites/articles/archive/2012/02/18/dangers-of-root-canaled-teeth.aspx?e_cid=20120226_SNL_MV_1
---
From Alliance for Natural Health:
Dietitian HQ Now Resorting to Sneak Attacks
http://www.anh-usa.org/dietitian-hq-now-resorting-to-sneak-attacks/
---
FDA Advisory Panel Green-Lights Toxic Weight Loss Pill
http://www.anh-usa.org/fda-advisory-panel-green-lights-toxic-weight-loss-pill/
(Why not? Big Pharma "owns" the FDA)
---
USDA Decides the Current Rush to Rubber-Stamp GMO Foods Is Too Slow!
http://www.anh-usa.org/usda-decides-the-rush-to-rubber-stamp-gmo-foods-is-too-slow/
---
From NewsMaxHealth:
Statin Threat: What You Must Know After FDA Warnings
http://www.newsmaxhealth.com/headline_health/statin_risks_need_to_know/2012/03/01/437068.html?s=al&promo_code=E4FD-1
---
Prevent Nonstick Cookware From Giving You Cancer
http://www.newsmaxhealth.com/headline_health/Health_Dangers_Teflon_Pan/2012/03/01/436890.html?s=al&promo_code=E4DD-1
---
Sleeping Pills Boost Death Risk Fivefold
http://www.newsmaxhealth.com/headline_health/sleeping_pills_death_risk/2012/02/27/436296.html?s=al&promo_code=E47E-1
(And Neuroliminal Training cures insomnia without a single bad side effect.
-
<philbatephd@gmail.com>
[Non-text portions of this message have been removed]
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