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HOW TO STOP FDA CENSORSHIP NOW!
by Dr. Carolyn Dean, M.D., N.D. and Elissa
Meininger
www.friendsoffreedominternational.org
December 2005
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Early in the 1990’s, so many
people were alarmed at how government was taking over their
lives, that several “third parties” emerged in an effort to
break the two-party political system. The big winner in the
third party sweepstakes that season was Ross Perot, the
Texas billionaire whose shrill voice and East Texas twang
stood out like a beacon of hope to 19% of America’s voters.
Whether you think Ross walked on water or thought he was
just a big jerk from Texas doesn’t matter. His endorsement
by 19% of the voters remains a major statement of support
from millions of ordinary people regarding their disgust
with government power. Ross’s main message was that
government is supposed to be subservient to the people. In
short, every American has the right to say, “I am an owner
of this country and these government people work for me!”
Interestingly, most of the third parties back then promoted
health freedom platforms in an effort to either get
government out of the health care system altogether, or at
least make sure that the citizens could regain control over
their own medical affairs.
When Bill Clinton was elected President and we saw
Hillary’s mammoth plan for a government takeover of American
health care system introduced two years later, we also saw
that it was rejected out of hand after little debate.
Hillary’s idea was to put the government in charge of not
only controlling the sky-high costs of modern medicine but
to make sure we all had access whether we wanted it or not
to pre-approved choices made by government bureaucrats.
Sad to say, some elements of that
original behemoth were incrementally passed later, thanks to
the usual cloakroom deals from both sides of the aisle.
One such loss of freedom was the selling of our most
personal and private information to high power data
collectors who now make a living selling this information to
all comers. However, millions of Americans are still doing
what they can to protect our medical system from becoming a
no-choice, government-controlled, socialized modern medicine
monster.
Some of the noisier elements of the health freedom movement,
then as now, are those of us who don’t depend on modern
medicine as our only road back to health. We use natural
healing methods and products that are generally ignored by
government bean counters who regularly pontificate about the
state of American health care. During the time of the great
health care reform debate regarding Hillary’s plan, millions
of us sent millions of messages to our elected officials in
Washington, urging them to pass the Dietary Supplement
Health and Education Act of 1994. We made it abundantly
clear we wanted to stop the FDA from conducting gunpoint
raids on doctors’ offices and seizing millions of dollars
worth of supplement products. The FDA made it vividly clear
that it intended to remove such products from the market
because they represented competition to synthetic drugs.
Congress got the message and passed DSHEA unanimously.
While DSHEA has been a tremendous success and we still have
supplements on our shelves, the problem is that FDA
officials, thanks to backing from their Big Pharma patrons,
have never liked DSHEA and have never fully complied with
the law. In fact, while we citizens still function on the
belief that PUBLIC SERVANTS (and we capitalize those words
on purpose) are servants of the people, FDA officials don’t
seem to understand that they work for us. Instead, they have
creatively used the law to twist it to their own purposes.
In fact, there is even a book entitled, “FDA’s Creative
Application of the Law” which discusses how the FDA
re-interprets the law to bring about changes in public
health policy! YUP, YOU READ THAT RIGHT! The FDA functions
as its own policy making body without our permission and
apparently without any reprimands from Congress!
[Read]
This is not news to the health freedom movement. We know it
is standard operating procedure for this agency to run
amuck. We said as much in an article we published several
weeks ago on NewsWithViews.com entitled, “A
Call To Action to Protect Free Speech”,
in which we talked about a new bill that was about to be
introduced to rein in the FDA. And in this week’s column we
would like to expand on that topic.
At issue is the fact that employees of the FDA don’t think
the agency has to abide by the U.S. Constitution or the law
in general, when it comes to allowing manufacturers to make
health claims about dietary supplements. Worse yet, these
same public employees don’t think we should be allowed to
have truthful, scientific information about what these
products can do for our health even if some other arm of
government produced it. May we repeat, FDA EMPLOYEES ARE
PUBLIC SERVANTS. THEY WORK FOR THE CITIZENS OF THE
UNITED STATES
OF AMERICA.
This new bill to curb the outrageous behavior of FDA
employees is HR 4282, Health Freedom Protection Act. It was
officially introduced in Congress on November 9th and now
has ten co-sponsors with more on the way. The current
co-sponsors are, Ron Paul (TX), Peter DeFazio (OR), Dan
Burton (IN), Walter Jones (NC), Rob Bishop (UT), John J.
Duncan (TN), Roscoe Bartlett (MD), Jeff Miller (FL), Butch
Otter (ID), and Tom Tancredo (CO).
If any of these co-sponsors happens to be your personal
public servant in the U.S. House, please send him a polite
thank you note and tell him why it is personally important
to you that he is supporting this bill. If your public
servant in the U.S. House is not listed, then you have your
work cut out for you. Find the number to make your call to
your public servant using this URL. [Read]
Our Congressmen and Senators have a Winter Recess that
usually begins around the third week in December and ends
sometime at the end of January. During this time, they are
frequently home in their districts, often holding public
meetings, and otherwise somewhat more available to you,
their constituents. This means that if you call your
Congressperson’s local office nearest to your home, this
will give you an opportunity to get to know the staff.
Phoning is now the most powerful way to get your message
across, followed up, if you would like, with e-mail and
snail mail. As this campaign to pass HR 4282 The Health
Freedom Protection Act develops, there will be more reasons
for you to contact your public servant and his or her staff,
because it will take all of us constantly on the job to make
sure our elected public servants know the people they work
for want to have access to REAL information about the
dietary supplement products they take and want FDA employees
given the message loud and clear.
If you are able to set up an appointment with your public
servant while he or she is home during the Winter Recess, be
sure to bring others with you so that he or she realizes
that you are not alone in your concern about the bill. In
all cases, be sure to state why the bill affects you
personally. If you manufacture or sell these products be
sure to mention that. If you have health issues that have
been improved by using these products and you depend upon
them to regain your health or remain healthy be sure to
mention that as well. Just being for “free speech” on
principle isn’t the same as needing information about the
products and using the products to help you maintain health.
It is critical that your public servant knows this is a life
and death matter to you.
In describing HR 4282 The Health Freedom Protection Act,
here are some of the things this bill will do when it is
passed.
(1) amend the drug and health
claim provisions of the Food Drug and Cosmetic Act (FDCA)
to permit truthful disease treatment claims for foods and
dietary supplements (presently FDA prohibits all such
claims.
(2) prohibit FDA from preventing any who sell foods
and supplements from sending consumers government reports
(and accurate quotes form government reports) on
nutrient-disease associations.
(3) prohibit FDA from preventing any who sell foods
and supplements from sending consumers scientific
publications on nutrient-disease associations;
(4) limit FDA disclaimers on health claims to no
more than three concise sentences.
(5) require FDA to permit health claims to be made
unless FDA proves there to be no scientific evidence to
support the claims and no disclaimer capable of avoiding
misleadingness;
(6) compel FDA to approve or disapprove health
claim petitions within 100 days or the claims will be
automatically allowed.
(7) require FDA to consider studies of the
treatment effect of nutrients in evaluation of
nutrient-disease prevention claims.
(8) prohibit FDA from waiving conflicts of interest
in its food advisory panels considering health claims.
(9) reverse FDAs denial or restriction of the
following nutrient-disease association claims: (a) saw
palmetto treating benign prostatic hyperplasia; (b)
omega-3 fatty acids and coronary heart disease; (c)
omega-3 fatty acids and sudden death heart attacks; (d)
glucosamine and chondroitin sulfate treating
osteoarthritis; and (e) calcium reducing the risk of bone
fractures.
(10) prevent FDA from disallowing structure
function claims that include terms that refer to signs or
symptoms of disease so long as the disease itself is not
mentioned.
(11) amend the deceptive advertising provisions of
the Federal Trade Commission Act (FTCA) to make all
publications exempt from regulation by the amendment to
the FDCA also exempt from regulation by the FTC.
(12) prohibit FTC from regulating as advertising
any truthful and accurate summary of findings from
peer-reviewed scientific publication.
(13) require FTC to give notice and an opportunity
to cure to any company suspected of engaging in deceptive
advertising of a health benefit.
(14) prohibit FTC from commencing a deceptive
advertising investigation of a health benefit promotion
unless FTC possesses proof by a preponderance of the
evidence that the ad is false and misleading.
(15) require FTC to prove that an ad is false and
misleading and that it actually misleads consumers before
FTC may hold an advertiser guilty of deceptive
advertising.
If your public servant seems interested
in co-sponsoring the bill, please refer him or her to Rep.
Ron Paul’s office for more information.
www.house.gov/paul
And, most of all, stay tuned. From what we are seeing, there
is massive public support for this bill starting to emerge
and if things continue to go as they are, passage of this
bill may very well change the landscape of health freedom
significantly. Let’s hope so.
© 2005 Carolyn Dean - All Rights Reserved
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