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  1. #1
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    FDA defeated in federal court...

    FDA defeated in federal court over censorship of truthful health claims
    by Mike Adams, the Health Ranger
    http://www.naturalnews.com/028929_FDA_health_claims.html

    Health freedom has just been handed a significant victory by the United States District Court for the District of Columbia, which ruled last week that the U.S. Food and Drug Administration (FDA) violated the First Amendment rights of a nutritional supplement company when it censored truthful, scientifically-backed claims about how selenium can help reduce the risk of cancer.

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

    Essentially, the FDA applied its doctrine of censorship to these selenium supplements in the same way it oppresses truthful and scientifically-supported health claims across all dietary supplements. The purpose of the FDA's censorship of truthful information about the health benefits of dietary supplements, as NaturalNews readers already know, is to keep the American people nutritionally illiterate and protect the profits of the pharmaceutical industry.

    In this court case, ALLIANCE FOR NATURAL HEALTH, et al. vs.
    KATHLEEN SEBELIUS, et al., the judge ruled that the FDA violated the First Amendment rights of the plaintiffs by restricting their free speech about the anti-cancer benefits of their selenium supplements.

    As explained by health freedom attorney Jonathan Emord who argued the case before the Court:

    "The decision... reaffirms that FDA is subject to the strictures of the First Amendment in its evaluation of health claims and it faults FDA for failing to follow that standard, holding its suppression of the selenium-cancer risk reduction claims unconstitutional."

    Emord goes onto explain:

    "The Court concludes that the FDA... has not provided any empirical evidence, such as 'studies' or 'anecdotal evidence,' that consumers would be misled by... plaintiffs' claims were they accompanied by qualifications. Moreover, the explanation the FDA offers to demonstrate that plaintiffs' claims are misleading – that the claims leave out pertinent information – is not support for banning the claims entirely..."

    Attorney Jonathan Emord from Emord & Associates is widely regarded as one of the most successful and influential attorneys battling the FDA over free speech and health freedoms.

    View my video interview with Jonathan Emord here: http://www.youtube.com/watch?v=kbJS...

    (The video quality is poor, but it's the best we could capture at the Health Freedom Expo.)

    Emord is also the author of a hugely important book that I strongly recommend. It's called Global Censorship of Health Information, and you can find it here: http://www.amazon.com/Global-Censor...

    What it means for health freedom

    The upshot of this decision is that the FDA has just been handed a significant defeat that will set a precedent for other dietary supplement companies to make their own truthful, scientifically-supported health claims.

    The FDA, of course, recognizes no law other than its own, so it will likely continue to try to terrorize nutritional supplement companies with its usual threats of imprisonment of company founders and seizure of products unless companies voluntarily agree to comply with the FDA's censorship schemes. However, this court decision may finally turn the tide against the FDA's campaign of ignorance that has, for decades, sought to keep the American people nutritionally illiterate while suppressing the dietary supplements industry.

    Btu achieving a lasting victory over the FDA will require nutritional supplement companies to stop being intimidated by the FDA and start making truthful, scientifically-supported claims -- and then stand behind those claims with a commitment to sue the FDA if they are threatened with censorship. Until now, most nutritional supplement and vitamin companies have been so intimidated by the FDA that they dared not challenge the FDA's authority -- even when they knew the FDA was flat-out wrong!

    The FDA, you see, can always threaten a company using "terrorism-style" tactics such as sending threatening letters that promise to arrest the owners, imprison them, destroy their business, seize their customer records, confiscate their inventory, etc. These tactics have all been used by the FDA to threaten health product companies operating in the United States. See how the FDA runs its own criminal extortion racket right here: http://www.naturalnews.com/024567_h...

    Read about how the FDA kidnaps people from other countries in order to incarcerate them for their non-crimes in the USA: http://www.naturalnews.com/027750_G...

    Or view more articles about the FDA here: http://www.naturalnews.com/the_FDA.html

    These Gestapo-style FDA tactics have been frighteningly effective, given that most U.S. companies don't have the financial resources to engage in a lengthy legal battle with the FDA in order to stand up for their First Amendment rights. That's why this victory by the Alliance for Natural Health is so important: It provides a legal wedge by which other companies can now begin to stand up for their own First Amendment rights, too.

    This could be the beginning of the end of FDA censorship of truthful, scientifically-supported health claims.

    What we want: Free Speech, not fraudulent speech

    As the editor of NaturalNews, I want to be perfectly clear what we stand for here. I do not support a Wild West approach to free speech about supplements where any company can claim anything they want whether it's true or not. That can get entirely out of hand, and it would only encourage the kind of marketing fraud we now see rampant in the pharmaceutical industry.

    What I support is truthful health claims that can be backed by a minimum of three articles published in peer-reviewed science journals. This threshold of scientifically credibility is high enough to avoid outright fraudulent quack claims while still allowing truthful claims to be reasonably met through scientific inquiry. If such a rule were adopted, it would open the industry to making a wealth of truthful claims about the beneficial effects of foods, herbs and supplements.

    The FDA's current oppression of health claims about cherries and walnuts, for example, would cease. Both the FDA and FTC have been attempting to suppress the truth about cherries for many years, intimidating cherry product companies with all sorts of threats to try to force them to remove any links to scientific information about the health benefits of cherries. To learn more, see: http://www.naturalnews.com/019366.html

    The federal government has also declared war on truthful speech about the health benefits of walnuts. Read more here: http://www.naturalnews.com/028879_c...

    Why Free Speech can save America from sick-care bankruptcy

    Most U.S. consumers have no idea that the FDA is operating as a rogue agency, attempting to destroy nutritional knowledge and intentionally keep consumers in the dark about the health benefits of natural products.

    Given that our nation's sick-care system is driving us all into bankruptcy, it would seem more important than ever to allow consumers to learn how to prevent disease and improve their own health through safe, natural and low-cost therapies involving healing foods and nutritional supplements.

    In fact, I would argue that any nation that expects to have a viable economic future MUST protect free speech for its health products companies. If Big Pharma and the disease industry is allowed to monopolize all health knowledge while oppressing truthful health claims on competing products, it will only drive that nation into medical bankruptcy. Coincidentally, that is exactly where America is today: Living under an oppressive, monopolized sick-care system that attempts to criminalize truthful speech about the health benefits of natural products. See my CounterThink Cartoon entitled, The New Mr. America: http://www.counterthink.com/The_New...

    And yet natural products are the solution to America's health care problems! Read my special report: Nutrition Can Save America! right here (it's free):
    http://www.naturalnews.com/028879_c...

    There's no question about it: America will be happier, healthier, stronger and more financially solvent if we end FDA censorship and take steps to protect the First Amendment rights of nutritional supplement companies.

    NaturalNews will continue to work alongside the Alliance for Natural Health to help make this dream a reality. You can learn more about the ANH at http://www.anh-usa.org

    The European branch of this organization is found at http://www.anh-europe.org

    Please consider supporting the ANH. It is, in my opinion, one of the most important and effective health freedom organizations on the planet. They are doing fantastic work and they need your financial support to continue fighting (and winning!) these battles against FDA ignorance, tyranny, censorship and oppression.



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    Re: FDA defeated in federal court...

    So all of the counter-evidence in this thread, as well as inaccurate claims made have gone poof.

    Talk about covering one's ass and silencing one's critics who provided polite, sound, proof of inaccuracies, we are left with an advertisement for alternative medicine.

    Pathetic.
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  3. #3
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    sojustask is offline The Late, Great Lady Mod - Retired User Rank
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    Re: FDA defeated in federal court...

    Quote Originally Posted by Ashanda View Post
    So all of the counter-evidence in this thread, as well as inaccurate claims made have gone poof.

    Talk about covering one's ass and silencing one's critics who provided polite, sound, proof of inaccuracies, we are left with an advertisement for alternative medicine.

    Pathetic.

    I posted this topic in two forums, this one and the MLM forum. I haven't been back to visit either thread until today when I saw you had posted and the thread came to top.

    I can't find the other thread and I am pissed this one doesn't have all the other posts.

    There was not a damned thing in this thread that should have warranted being deleted. I like controversy Ashanda and I'm not afraid of other points of view or of even being proved wrong.

    I'm going to see if I can find the other thread and see if maybe that was the one that had all the posts in it. If not, I think someone owes us an explanation why this thread got sterilized.


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  4. #4
    sojustask's Avatar
    sojustask is offline The Late, Great Lady Mod - Retired User Rank
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    Re: FDA defeated in federal court...

    I get this response from the search:



    The search term you specified (FDA) is under the minimum word length (4) and therefore will not be found. Please make this term longer.

    If this term contains a wildcard, please make this term more specific.


    Bullshit, there's 5 words. I'll have to look in the back office and see if I can find it that way.

    I'll be back.

  5. #5
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    Re: FDA defeated in federal court...

    Oops. My mistake. I only responded to one thread, and you are right--it is intact in the MLM thread. (I didn't realize it was cross posted).

    Sorry.

    http://scam.com/showthread.php?t=129041
    Last edited by Ashanda; 06-30-2010 at 02:54 AM.
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  6. #6
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    Re: FDA defeated in federal court...

    Quote Originally Posted by Ashanda View Post
    Oops. My mistake. I only responded to one thread, and you are right--it is intact in the MLM thread. (I didn't realize it was cross posted.

    Sorry.

    http://scam.com/showthread.php?t=129041

    Didn't the MLM forum used to have more than one page? I only see one.

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    Re: FDA defeated in federal court...

    I only hope that now other anti cancer suppliments that have been with held for so called human testing by some big Pharma companies like oliender, Graviolla and the numerous other suppliments that may have been shelved or conceiled will get a chance of getting real research.
    It would be nice if the alternate and mainstream medical PROFFESIONALS could start to work together for every ones good and benefit not just in the US but in other countries like Australia.
    Why do I find this belivable? Well I had two parents die from cancer recently and have had the displeasure of asking a lot of questions regarding alternate treatments. The Doctors that would talk knew there were other options but the system even in Australia is similar to the US in a lot of ways.
    So we have a lot of so called cancer research organisations that are in it for the profits, as long as the donations keep coming in they are happy to spend it on so called cancer research. I emailed the Cancer Council and asked them if they had researched a few claimed anti cancer alternate treatments. So that I could help my Father. Well they sent me an response with what they have researched and how much money was spent doing it. I was directed to the part of the web site to ask for an research grant. But NONE OF the things I asked them about were researched. I called them up and asked WHY? And would it not be in the public interest if they did investigate some of the claims as I saw this as a win win situation. If they find the claims inaccurate or to be scams they win and the public can be cautioned against wasting their time (and time is important when you have cancer) as well as money. But if they find some things that may work or better still DO work there may be a Cancer cure found. Well thats not the way they work and the young man I had spoken with advised me that they have research scientists but how this works is this; The research scientist applies for a research grant and based on the project or criteria they may get the money to conduct the research.
    I asked why do you not research the claimed cures or alternate cures? Well this is how it's done they select what they will research. Who? “The research scientists” But is there any control over what they research? By say an independent government or some other group without a vested interest? No! I ask Why not? Well the AMA (Australin Medical Association has some control” ) OK don't you think that that leaves the sytem open for abuse? I mean they can research any B S they know will not work and collect the money get PAID AND DO IT AGAIN AND AGAIN WITH OUT FINDING ANYTHING. Well thats the system was basically my answer. So I asked “Are you trying to find a cancer cure or are you just trying to pull the wool over our or the publics eyes”? It seems that you are more worried about loosing your job if you find a cure. I made him a bit upset with this comment and he responded that a Dr Holt was investigated and it was ordered by the Minister for health. And they found that his treatment was a scam and he was charged as a result. Or words to that effect. I asked him and any others? No response. This is the organisation that is constantly advertising the anti cancer campaign to stay out of the sun. But what they never point out is that we need at least 10 to 15 minutes of sun every day to stay healthy. Why? Well the sun is required for us to produce Vutamin D. And we are now more than ever prone to be Vutamin D defficient. This causes osteoporosis and other health problems. We and our children spend more time in doors watching TV, Playing games and hiding from the sun. We work in offices with un natural light. But I have also read that a Vitamin D difficiancy can be bad for cancer as with out vitamin D we may be more prone to getting cancer. I have been asked if I think that the Government or the Medical establishment is using Cancer as a means of population Control? Not once but several times and by some people whom have had cancer. A few years ago I would have called the people whom asked this crazy, but now I think that, that is a posibility. Look at anti smoking campaigns, continuously claiming it causes cancer. Yet the governments do not ban smoking but jack up the prices in Tax revenue. Alcohol is now claimed to cause cancer as well, as well the impact it has for anti social behavour and in worse case scenarios wrcking families. Do we ban it or impose strict restrictions or try to improve the social drink by promoting better production and healthier drinks? Not until recently The governments raise the Taxes on it. In our state the State




    Government has recently changed the laws for the Coroners Department not to have to Investigate
    the deaths of aged persons that die in hospitals and nursing homes. Sunday Telegraph Article August 25th Sunday 2010 page 35. A small article top right side of page. A day after my Father passed away in Hospital or should I say was let go. Any person 72 and over whom dies in a hospital will no longer be required to have the death investigated by the coroners department to save a back log of paper work. All that will be required is an medical death certificate issued by an Doctor. And a family member is not an authorised person to ask for the Investigation. I asked, and was told I did not qualify. Not even if I wrote an official complaint or request. So I asked whom is? Well it has to be someone in the official capacity. So What are you saying a Doctor. “Yeah somethong like that.” was the response I got. This was an conversation I had with a person whom answered the telephone when I called the coroners department on Monday after reading the article.
    10 to 15 years ago this may have been front page news, but now it was conviniently placed towards the middle of the paper in a small article. People would have been out raged in particular family members that have elderly parents and grand parents. But how many have seen the article? Have we been so de sensitised or indoctrinated. Have we lost our guts to stand up and be heard.
    Complain or ask What the hell is going on. We as you in the US are sending our young men to fight wars over seas for what we call democracy and a right for others to have some form of a descent life and rights, freedom so that they can raise their children in a peacefull envornment with education, health benefits, and other things we take forgranted. But we have our own standards and right erroded away by the very people whom are alected to protect these concepts our society was built on. And it is done in a concieled way. So what is going on? Is there an agenda? Are we becoming the very society that we fought wars to try and prevent. From opresors and dictators? Do the aged sick and elderly have the same right to life as the rest? Or are we so divided by status and finacial or educational differences that the very things we fought so hard to prevent and preserve are being erroded right under our noses and we feel hopeless to prevent it. Remember divide and concour tactics are not only used on battel fields and by enemies. History is full of pages where people have become victims of their own leaders. Evil truimphs when good men sit around and do nothing.
    If we allow the situation to get to such a state and we have become complacent that we do not stick up for each other or for what we beleve in than we not only risk being controled to the point of slavery by our own Governments but it makes it a lot easier for others to over power us as we have already lost the will and fortitude to fight back.
    And I hope it does not get to this. But I fear it already has began a long time ago. For when authorities or governments rulers that are meant to protect the public start to work agains the very people whom they are supposed to protect and try to opress businesses or individuals whom may have the publics safety or health interest in mind. And work in with a monopoly that is powerfull and wealthy one, that may be using its resources to control or direct the authority or Government department or manupilate them to gain favour for profit or political gain, including power. That becomes very dangerous and is a sign of a declining democracyand a system that may fail. So why then is there a push for dis armament of the public? And as it has happened in Australia is the Government afraid of its own citizens? If so why? Do they fear that the decisions they make may anger the public so much that we may turn agains them and rebel? Obviously they do not have the countries best interest in mind and they do not fear a foreign invasion. Because if they did the Public that has been trained and has access to arms will offer a better chance of defending them selves and the country as they can be organised to work in ith the armed forces. Look at the sweedish hardly any crime and every one has been trained to use a firearm and safe storage of firearms as well as responsible usage of the fire arm. Yet with all the guns there is hardly any crime. Or is it being done to protect us from an occasional criminaly insane or mentaly deranged person whom goes on a shooting spree.
    Just food for thought and if it happens in the US it usually follows here in Australia.

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