Fwd: ANH-Intl Press Release: US court victory upholds freedom of speech on selenium claims

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> Date: May 30, 2010 11:09:10 PM PDT

> To:

> Subject: ANH-Intl Press Release: US court victory upholds freedom of

> speech on selenium claims

> Reply-To: " Alliance for Natural Health "

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> Issue No.41 Monday 31st May 2010

> ANH Press Release: Court victory against US FDA for free speech

>

> You'll find below exciting evidence following the verdict on the

> first of three cases, in which our Washington-based colleagues at

> ANH-USA are plaintiffs, that shows us all just how important it is

> to not accept blindly the red tape, restrictions and plain nonsense

> that is thrown at us by our so-called regulators. Most have an

> unspoken agenda and that agenda is about doing things that protect

> the financial interests of some of the largest corporations on

> planet earth, be they pharmaceutical, biotech or other transnational

> companies.

>

> We take this opportunity to congratulate Emord, of Emord &

> Associates, for the amazing work he has done on behalf of preserving

> our right to natural health and our ability to communicate openly

> about the science that exists to support it. We will be there to

> help defend any further retort or appeal by the FDA. We ask you,

> our supporters, to help in supporting this work. Donations can be

> made directly to Emord & Associates.

>

> Please find our press release following:

>

>

> 31st May 2010

> For Immediate Release

>

> Contact:

> Alliance for Natural Health International

> Sophie Middleton +44 1306 646 600

> email: info@...

>

> or

>

> Emord & Associates

> Emord

> email: jemord@...

>

> US Court Rules in Favour of Free Speech on Health Claims

>

> Will this precedent influence European policy on health claims for

> foods and food supplements?

>

>

> Download PDF of press release.

>

> DORKING, UK: The US Food and Drug Administration (FDA) lost its bid

> to overturn a health claim for selenium-containing dietary

> supplements last Thursday in the United States District Court for

> the District of Columbia. District Court Judge Ellen Huvelle ruled

> unconstitutional the FDA’s censorship of selenium dietary supplement

> claims relating to the reduction of cancer risk. Emord of

> Emord & Associates on behalf of the plaintiffs in the case

> (including lead plaintiff Alliance for Natural Health USA (ANH-USA);

> Durk Pearson and Sandy Shaw; and the Coalition to End FDA and FTC

> Censorship). The verdict, unless reversed on appeal, protects the

> First Amendment right of dietary supplement manufacturers to provide

> “qualified health claims”, which accurately communicate the state of

> science concerning dietary supplements. This is a remarkable

> seventh victory over the FDA by the Emord firm (six of which

> invalidated FDA health claim censorship).

>

> The lawsuit was initiated last summer in response to the FDA’s 19th

> June 2009 decision to suppress selenium/cancer-risk reduction

> claims. Ten of the claims (all appealed by the plaintiffs) were

> held unconstitutionally censored. The plaintiffs expressed their

> belief that this violated their right to communicate truthful health

> information to the public. The judge found that the FDA had denied

> claims despite credible evidence supporting them and had thereby

> infringed on free speech.

>

> Prior to this ruling the FDA required near conclusive scientific

> evidence for any nutrient claim. The judge ruled that so long as

> the claim is an accurate reflection of the state of science, the

> First Amendment protects it.

>

> European policy on health claims for foods and food constituents has

> yet to be tested in court. Yet, the European food and natural

> product industries, as well as many consumers, are currently up in

> arms as the European Commission attempts to implement a law, the

> Nutrition & Health Claims Regulation (No 1924/2006) that aims to ban

> all health claims on food, food constituents or supplements—unless

> they are specifically approved by Europe’s highest authority on

> food, the controversial European Food Safety Authority (EFSA).

> Contrary to the US court verdict, EFSA is only approving claims

> based on conclusive evidence from studies on healthy human

> populations.

>

> Commenting on the court decision and its possible impact on the

> European health claims environment, Verkerk PhD, executive

> and scientific director of ANH International, said, " The verdict in

> our case against the FDA should be sending shock waves across the

> Atlantic to EFSA. If European authorities implement the Nutrition

> and Health Claims Regulation as planned in 2011, it is the European

> consumer that will be the main loser. Disease prevention using good

> diets and nutrients will effectively be thrown out of the window.

> EFSA needs to either shift to using credible evidence as in the US,

> or it should expect to argue its case in the courts.”

>

> Verkerk added: “EFSA’s rejections of hundreds of health claims is

> causing mayhem with the European food and supplement industry and a

> meeting of stakeholders on 1 June at its headquarters in Parma in

> Italy has been convened to discuss ways forward.

>

> There are several reasons why EFSA is rejecting so many claims.

> Sometimes it’s because the health relationship has only been studied

> in diseased populations. In other cases it’s because the health

> benefits are so obvious that extensive clinical trials have not been

> justified. Other claims are being rejected simply through lack of

> adequate funds to support the very costly human research required to

> generate definitive conclusions. Scientific inference and common

> sense simply don’t come into EFSA’s equation.”

>

> It remains to be seen whether EFSA and the European Commission will

> successfully quash freedom of speech in relation to the health

> benefits of foods and food constituents. While human rights for

> Europeans have in theory been given greater legal protection under

> the newly passed Lisbon Treaty, these rights can be vetoed by

> unelected European institutions on public health or national

> security grounds.

>

> ANH-Intl is calling on European citizens to raise their concerns

> with their duly elected Member of the European Parliament over how

> the Nutrition and Health Claims Regulation is likely to drastically

> reduce their ability to select healthy foods and nutrients.

>

> ENDS.

>

> NOTES TO THE EDITOR:

>

> ANH-USA release on court victory on selenium case

>

> ANH Briefing Paper on the EU Nutrition and Health Claims Regulation

>

>

> About the Alliance for Natural Health

> www.anhinterntional.org

>

> The Alliance for Natural Health USA is part of an international

> organisation, the Alliance for Natural Health International (ANH-

> Intl), dedicated to promoting natural, biocompatible and sustainable

> healthcare through the use of ‘good science’ and ‘good law’. ANH-

> Intl campaigns across a wide range of fields, including for freedom

> of choice and the use of micronutrients and herbal products in

> healthcare. It also operates campaigns that aim to restrict mass

> fluoridation of water supplies and the use of genetically modified

> foods.

>

> Regional websites:

> Alliance for Natural Health Europe - www.anh-europe.org

> Alliance for Natural Health USA – www.anh-usa.org

>

> About Emord & Associates, P.C.

> www.emord.com

>

> Emord & Associates is an " AV " rated law firm (dale-Hubbell

> rating service) located at 1050 17th Street, N.W., Suite 600,

> Washington, D.C. 20036; 11808 Wolf Run Lane, Clifton, VA 20124; and

> 2730 S. Val Vista Drive Suite 117, Gilbert, AZ 85295. The firm

> represents over 450 dietary supplement designers, manufacturers and

> distributors; food manufacturers and distributors; scientists;

> physicians; nutritionists; health care associations; and citizen

> groups. The firm’s attorneys represent clients in constitutional

> and administrative law cases before the Food and Drug

> Administration, the Federal Trade Commission, the Drug Enforcement

> Administration, the Department of Justice, the Department of the

> Interior, the Bureau of Land Management, the National Park Service,

> the Equal Employment Opportunity Commission, the Environmental

> Protection Agency, and the Federal Communications Commission. The

> firm's attorneys represent clients in medical board, insurance, and

> worker's compensation cases.

>

>

>

>

>

> © Alliance for Natural Health, The Atrium, Curtis Road, Dorking,

> Surrey RH4 1XA, United Kingdom www.anhcampaign.org

> Alliance for Natural Health, The Atrium, Curtis Road, Dorking,

> Surrey RH4 1XA, United Kingdom Forward to a Friend | Unsubscribe

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