Re: Fw: FTC & FDA Thrashed But Still Dangerous

[Guest guest]

The National Health Federation has a major critic in the name of Quackwatch (purveyors of scientific evidence based truth.)

A quote from their expose about NHF includes this citing of the heinous crime of ...well, read about it:

National Health Federation

<http://www.quackwatch.org/01QuackeryRelatedTopics/donsbach.html> ,

Kurt W. Donsbach, D.C. a protégé of Lee, replaced Fred Hart as NHF's board chairman in 1975 and held that position until 1989. In 1971, after agents of the California Bureau of Food and Drug observed Donsbach tell customers at his health food store that vitamins, minerals, and/or herbal tea were effective against several serious diseases, he pled guilty to one count of practicing medicine without a license and agreed to cease " nutritional consultation. " In the ensuing years, Donsbach has marketed supplement products, issued publications, operated nonaccredited correspondence schools, marketed a bogus " nutrient deficiency " test, and administered dubious treatments at Mexican cancer clinics.

“...agents of the California Bureau of Food and Drug?!!!”

E. Abrahamson, D.C.

Chiropractic physician

Lake Oswego Chiropractic Clinic

315 Second Street

Lake Oswego, OR 97034

503-635-6246

Website: http://www.lakeoswegochiro.com

From: Joan Schultze <joanschultze@...>

Date: Sun, 6 Jun 2010 15:13:49 -0700

< >

Subject: Fw: FTC & FDA Thrashed But Still Dangerous



This is a great organization that fights for our health freedoms.

Joan Schultze, DC

Lake Oswego

FTC & FDA Thrashed But Still Dangerous

PRESS RELEASE

THE FDA AND FTC GET THRASHED,

BUT BEWARE THEY ARE COMING BACK FOR MORE

By C. Tips, J.D.

President, National Health Federation

June 6, 2010

“Better a cruel truth than a comfortable delusion.” - Abbey

The National Health Federation was misquoted recently by one critic, which reminded me of the old adage “the more I see of dogs, the less I think of men.” Yet, we cannot be devoid of faith and optimism, even in the face of an off-the-wall attack. The ill-informed critic even called us “Waxman lovers.” That’s funny, because the NHF has been fighting Representative Henry Waxman (D-CA) and his anti-health-freedom agenda tooth and nail since he first took office, and long before that critic even had a passing thought of health freedom or its significance in our lives.

So, “Waxman lovers”? Hardly. But, dedicated to the brutal truth, even if it is not what we want to hear? Absolutely. And so should you be, because that is the only way that we will win – knowing the facts and then acting on those facts. Sensationalism has no place here; leave that for Hollywood actors, Washington politicians, and charlatans. Sensationalism catches the eye but misdirects the heart.

What follows is what we know:

The Victory Against the FTC

As we’ve said before, in Senate Bill 3217, the Federal Trade Commission (FTC), among other things, sought and would have been given " Fast Track " rulemaking authority as well as aiding and abetting authority. This dangerous change would have affected all industries that advertise but was not specifically targeted against the supplement industry, which would have been swept up in this along with everyone else.

Many different industry segments, not just the Natural Products Association for the supplement industry, successfully argued against this new-sought authority. The opposition by all industry segments was incredibly extensive and the pro-FTC amendment to the Senate bill, which would have granted the FTC more sweeping powers, did not pass. However, the amendment proposed by Senators Rockefeller and Hutchinson that would limit FTC’s increased rulemaking power to just the financial-services sector did pass.

Now, the Senate and the House must confer and reconcile the differences between the Senate and the House versions of their respective bills (S.3217/H.R.4173). That reconciliation has not yet taken place, and while it is expected by most that the House version of the bill – which does contain a grant of more-sweeping powers to the FTC – will not survive the conference, we cannot take that chance, and all are urged to re-contact your Senators and Representatives to let them know that the FTC does not need additional new powers to do what it does best: keeping truthful and non-misleading information out of the hands of health-conscious consumers.

But the FTC Strikes Back

Still, there is another grasping arm to this FTC power grab that has eluded most other observers. As NHF Lobbyist Lee Bechtel has aptly noted, and as has been confirmed by the D.C. law firm of Venable LLP, the FTC will be changing the way in which it handles product advertising claims in the dietary-supplement and the functional-food markets. The FTC will be proposing a new definition of competent and reliable scientific substantiation, to be used in its new consent decrees, with the likely goal of extending it throughout the entire dietary-supplement industry by changing its Dietary-Supplement Advertising Guide.

In short, the FTC will require at least two “adequate” (to the FTC) and well-controlled human studies of the product or of a substantially-similar product, conducted by different experts, independently of each other. These studies will have to conform to acceptable designs and protocols with results that, when considered in light of the entire body of relevant and reliable scientific evidence, are sufficient to substantiate the advertising representations being made are in fact true.

Most unfairly, however, while a company cannot rely on third-party studies to back its claims, the FTC can use third-party studies to refute a company’s study. This is a huge change in the current interpretation of existing administrative law for advertising claims. This change will do to advertising regulation what the FDA did with its use of studies to support its ban on ephedrine alkaloid-containing supplements.

However, this development stems from the Lane Labs case, and is not related to the phantom “Waxman” amendment in H.R.4173. Importantly, this new development will fundamentally change the industry and not in a good way. Ultimately, this will be far more important than any FTC language in H.R.4173.

The Court Victory Against the FDA

Last week, the United States District Court in the District of Columbia ruled that the Food and Drug Administration (FDA) had violated the First Amendment free-speech rights of a dietary-supplement company when it arbitrarily censored truthful and non-misleading claims about selenium’s benefits in reducing the risk of cancer. The FDA has never wanted the real truth about the benefits of supplements and true nutrition to come out. This is not the first time, nor will it be the last time, that the FDA must have its face pressed to the table and its arm twisted behind its back before it cries “uncle!” – albeit with fingers crossed.

This latest victory in court against the FDA is the seventh in a long line of cases against the FDA, generally known as the Pearson (for NHF supporter Durk Pearson) cases. These lawsuits quite properly sought to restore to companies and individuals the right to make truthful and non-misleading statements about the products they are selling. In fact, the National Health Federation was one of the plaintiffs in the first such case; and, as such, we helped to win that very important first lawsuit that set the tone and winning streak for all of the subsequent cases up to the present win. Had we been invited to join in the recent legal action, then we would have done so; but no such invitation was given as many persons now – having seen the fame that has accrued to being the lead (i.e., the first-named) plaintiff in a successful case – scramble quickly to achieve the same fame by being the plaintiff in such a case. ly, after having hit the FDA hard over the head six plus times, the Courts have made it a bit of a no-brainer to win this seventh time in court on the same basic issue.

But it was different in the 1990s. Durk Pearson and Sandy Shaw deserve the lion’s share of the credit for having blazed the trail in the late 1990s with their idea to tackle the FDA at a time when few thought they could win. The NHF joined in, both as a named plaintiff and with money. This was all a big gamble at the time, as we had few if any legal precedents to support our claim that the FDA had no right to restrict health claims that were truthful and non-misleading. The attorney then, as now, was the irrepressible Emord, while another attorney, Jim of Citizens for Health, helped with the appeal. The latest plaintiff did not even exist as an organization during these early, hard days of litigation, but they are still to be commended for jumping in now more than ten years later to continue the winning streak. But, above all, it is Emord, long a strong proponent of First-Amendment rights, who deserves the real thanks for his tireless efforts and steadfast commitment during this entire time.

However, in the end, we are dealing with an outlaw Agency, one that clearly does not follow the Courts’ directives and orders. Will there need to be an eighth or a ninth case? A tenth case even, before the FDA finally obeys the law? If you want to be famous as a plaintiff, just step up to the plate, plunk down your money, and swing the bat on the next case. The target is a pushover now because the hard work happened when the trail was blazed in the 90s.

Thrashed But Still Dangerous

The FTC and the FDA have both received hard blows, one in the Senate and the other in the courtroom. But these are still dangerous Agencies, with an active agenda to take away our health and other freedoms. They must be opposed if we are to regain freedoms lost, and expand beyond to freedoms deserved. Especially, we must redouble our efforts to stop S.510 (the so-called Food Safety Modernization Act) and the FTC’s Advertising Guidance document.

To that end, we must stay dedicated to the truth and not just react in a knee-jerk fashion every time someone hoists a boogeyman on a pole and shouts “boo!” Fortunately, there are two groups that share the same high standards as the Federation, our friends and colleagues at the National Health Freedom Action and the Texas Health Freedom Coalition, and we work with them towards greater freedom. They are the epitome of truth-seekers, unwavering in this regard, as are of course all of our NHF members and supporters who have stood with us these many years. Remember, it does not take a majority to win, just a dedicated and active minority.

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<http://www.facebook.com/people/@/100000808428534>

As the oldest and best-respected health-freedom group on Capitol Hill, the NHF continues to be the credible source of objective assessment of, and proactive actions on, Congressional legislation and FDA matters that have material impact upon our freedom-of-health choices and access to dietary supplements and nutritional foods.

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Click here for the permanent link to this press release, use this link to inform others. <http://www.thenhf.com/press_releases/pr_06_jun_2010.html>

National Health Federation: Established in 1955, the National Health Federation is a consumer-education, health-freedom organization working to protect individuals' rights to choose to consume healthy food, take supplements and use alternative therapies without unnecessary government restrictions. The NHF is the only such organization with recognized observer-delegate status at Codex meetings. www.thenhf.com <http://www.thenhf.com>

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