Call for Action


Public outcry has helped stem FDA moves to eliminate dietary supplements from the market on dozens of occasions in the past, but has failed to reach a fever pitch in re- sponse to the latest round of regulatory efforts. Perhaps that is because the most recent efforts have arisen under a more palatable public interest justification: The argument that consumers must


One current petition fight- ing to protect natural health- care options challenges the Federal Trade Commission’s illegal move to restrict health- related claims. Sign the petition at anh-USA.org: Search FTC, then open April 26, 2011 post and click This Link at bottom of page.


be protected from potentially unsafe products by permitting the FDA to run companies it thinks may threaten pub- lic health out of existence.


The FDA’s current approach, using allegations of adulteration, contamina- tion and misbranding—combined with cessation of distribution and recall of unapproved supplements—appears to be far more acceptable to the public than the argument that supplements in general should be removed from the market. It seems that the lesson FDA regulators have slowly learned is that people generally appear to be willing to permit regulatory abuses in the name of public safety.


Moreover, under the Food Drug and Cosmetic Act (FDCA), as interpreted by the federal courts, any promotion that associates a dietary supplement with a disease treatment claim is prohibited. That is so even if the claim is demonstra- bly true. Censoring information con- cerning the potential benefit of dietary ingredients shrouds the market in igno- rance, depriving consumers of helpful, life-extending or life-saving information. Just one example is the FDA’s censor- ship of the association established in peer-reviewed scientific literature (some 6,000 articles) between Vitamin D and a reduction in the risk of certain kinds of cancer. All Americans could experi- ence a reduction in cancer risk were that association made known at the point of sale, but FDA’s prior restraint (its ban on


all claims associat- ing a nutrient with a disease, even prov- ably true claims) keeps consumers in the dark.


Unfettered


by a groundswell of public opposi- tion, the FDA is proceeding at an accelerated pace in inspecting facilities, issuing citations and ultimately driving supplement manufacturers out of business. Com- panies incapable of affording the as- sociated costs have


no choice but to dissolve. To reverse this course, consumers must contact their elected representatives in congress and demand an immediate repeal of both FSMA and GMP regulations. Then, vote wisely in the 2012 elections to defeat candidates that voted in favor of limiting our freedoms in these areas.


Worldwide Trend


Many governments around the world currently prohibit essential health claims backed by credible scientific evidence. For example, claims that glucosamine and chondroitin sulfate may eliminate symptoms of osteo- arthritis are forbidden in Europe, as well as in Australia, Canada and the United States.


Groups have formed to protest such censorship and restrictions on ac- cess to dietary supplement ingredients. For a global view, consult information provided by the Alliance for Natural Health, which is active in Europe and America. In the United States, take ac- tion via the Alliance for Natural Health USA, Citizens for Health, Freedom of Health Foundation, The Health Keepers Alliance and National Health Freedom Action.


The way back to liberty lies not only in allowing the marketing of all dietary ingredients that are being used without serious adverse effects, but also in stripping countries of the power to censor nutrient-related disease treat-


ment information. When well-informed consumers make dietary ingredient choices that minimize disease risk and maximize longevity, their improved health reduces their dependence on costly drug therapies which too often carry unwanted side effects. Imagine a world in which fruits and vegetables, as well as dietary supplements, could lawfully be ac- companied by labels summarizing the dietary ingredients present, their effects and their potential for protect- ing against or fighting disease. In such a world, consumers would be truly ac- tive, engaged participants in their own health care.


Jonathan W. Emord is a constitutional and administrative lawyer in Wash- ington, D.C. The author of The Rise of Tyranny and Global Censorship of Health Information, he has defeated the FDA in federal court eight times. Visit Emord.com.


TAKE ACTION HERE


Check these websites regularly to keep abreast of pending state legislation and to sign helpful petitions.


Elected Officials, usa.gov/Contact/Elected.shtml


Alliance for Natural Health USA, anh-usa.org


Citizens for Health, Citizens.org


Freedom of Health Foundation, thefhf.org


The Health Keepers Alliance, HealthKeepers.net


National Health Freedom Action, NationalHealthFreedom.org


natural awakenings August 2011 29


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