Landmark Court decision on the RIGHTS of Dietary Supplement manufacturers to "fully Disclose" all scientific CLAIMS that are truthful, validated and will serve to educate the public

The following special supplement is from Dr Julian Whitaker's March 1999 issue of his HEALTH & HEALING monthly newsletter. For those of you who may not be aware Dr Whitaker was the Founder and is the current President of the American Preventive Medical Association (APMA).

"... The Food and Drug Administration (FDA) has suppressed virtually all scientific information on supplement labels that would explain how to use them to prevent and treat disease. You deserve to have this information right on the product you want to purchase. AND NOW THE COURTS AGREE!

In a titanic struggle with the FDA that started eight years ago, Attorney Jonathan Emord prevailed, driving a wooden stake through the agency's black heart. On January 15, 1999, The Circuit Court of Appeals in Washington, DC, ruled that the FDA's SUPPRESSION of health claims for nutritional supplements was UNLAWFUL and UNCONSTITUTIONAL. And it's about time!

To understand the impact of this landmark decision and what it means for you, let's take the example of Saw Palmetto. Numerous studies have shown that the extract of the saw palmetto berry will reduce the symptoms of an enlarged prostate, such as nightime urination and poor urinary stream. However, if the label sates, "This product can be used to relieve the symptoms of prostate enlargement," the FDA would seize the product and ARREST the manufacturer.

Folks, the Claim is truthful, but according to the FDA's perverse regulations, placing it on the label is CRIMINAL! The manufacturer was not given PERMISSION by the FDA to tell the truth.

Why are Scientific Claims Illegal?

Marching under the banner of consumer protectionism, the FDA has stated that, yes, they would "permit" health claims for supplements - IF the claim meets the standard of "significant scientific agreement". On the surface, this appears to be in the public interest. No one wants to be hoodwinked by unscrupulous vitamin manufacturers and marketers with outlandish, dishonest claims. The problem is that the FDA has refused to define what constitutes "significant scientific agreement". A standrard NOT defined is no standard at all. The FDA has denied thousands of TRUTHFUL CLAIMS about the healing power of certain natural products by "Decree" - and this, my friends, is ARBITRARY and indeed CAPRICIOUS and against Federal Law.

"The FDA Muzzles Our Freedom of Speech..." "It is also unconstitutional, in violation of the First Amendment's guarantee of freedom of speech. So it was challenged!

Eight years ago, Durk Pearson and Sandy Shaw, who have a line of high-quality nutritional supplements, petitioned the FDA for permission to put TRUTHFUL, NONMISLEADING Claims on their products. ..... They submitted substantial amounts of scientific evidence validating these claims. In addition, Pearson and Shaw suggested that if the FDA did not agree that their claims met the FDA's standard of significant scientific agreement, the FDA could allow the claims BUT require a DISCLAIMER on the bottle (AS WITH PRESCRIPTION DRUGS) such as, "This claim has not been approved by the FDA."

As expected, the FDA disallowed the claim and disclaimer option, so on behalf of Pearson and Shaw, attorney Jonathan Emord filed suit. The APMA joined the suit six years ago and as a founder and President of this newly formed organization, I guaranteed their financial participation.

CITIZENS FOR HEALTH was added to the suit as they had filed a similar one. The suit was argued in the District Court in the District of Columbia, where we lost. So we appealed to the Court of Appeals for the D.C. Circuit, where we won and won big! ....And Blocks the TRUTH from Consumers - The Court agreed with our arguments that the FDA's posture of "You can't say BOO until WE say you can say BOO" was a CLEAR VIOLATION of the FIRST AMENDMENT of the Constitution, which guarantees FREE SPEECH.

Imagine, The First Amendment PROTECTS our rights to produce and dispense PORNOGRAPHY, to burn the American Flag, and to wear T-shirts broadcasting offensive language - yet supplement manufacturers must seek government PERMISSION to tell the truth about their products!

And if that permission is NOT granted and they tell the truth anyway, they could go to jail. The FDA's 20 year repression of the nutritional supplement industry is surreal and that is exactly how the Judges viewed it.

Judge Laurence Silberman wrote: " As best as we understand the government, its first argument runs along the following lines: that health claims lacking "significant scientific agreement" which is no more than the FDA "opinion" are inherently misleading because because they have such an awesome impact on consumers as to make it virtually impossible for them to exercise any JUDGEMENT at the point of sale. It would be as if the consumers were asked to buy something while hypnotized, and therefore they are bound to be mislead. We think this CONTENTION is almost frivolous. We reject it".

FDA PROTECTS DRUG COMPANIES - NOT YOU!"

Do you really believe that the FDA's Blackout of truthful inforamtion about the benefits of Supplements was needed to protect the public from FRAUD? Well, Judge Silberman did not and addressed it in his ruling: "The First Amendment directs us to be especially skeptical of REGULATIONS that seek to keep people in the dark for what the GOVERNMENT perceives to be their own good."

The FDA's obvious motive was to protect Pharamceutical interests. If the TRUTH about the power of certain nutrients were allowed, millions would give these items a try, and millions would find relief. Consequently, they would neither need nor desire expensive and far more dangerous prescription drugs!

In fact, this is precisely the concern the FDA addressed in its Dietary Supplement Task Force report, when it stated that the " agency should ensure that the existence of dietary supplements on the market does not act as a a "DISINCENTIVE FOR DRUG DEVELOPMENT". "

THIS IS A LANDMARK CASE" " I cannot overemphasize to you the SIGNIFICANCE of this case. For decades, the FDA leadership has used its power to MISLEAD the public, denying millions the chance to find relief from Debilitating Disease. Now the FDA's illigal CENSORSHIP has been shut down because the Court defended constitutional principle. As a result of this case, you will soon begin to see a TORRENT of USEFUL INFORMATION flow onto the labels of nutritional supplements telling you HOW TO USE THEM!.

This decision is one of the most significant events in FDA history, but you are not likely to read about it in the lay press for two reasons. First, it will take at least a YEAR to see any real changes. Second, and more discouraging, is that we are no longer governed by the Constitution and the laws that uphold it. We are ruled instead by federal decress written by isolated BUREAUCRATS! We've become too accepting and complacent, and no entity is more complacent about the replacement of law with rules than the LAY PRESS!

"Reporters who claim expertise in the FDA act like the town criers of old who yelled out the decrees of the king. Like town-criers, modern-day Reporters would be frightened or embarassed to disclose that their king has been stripped naked.

You see, PAST ACTIONS of the FDA were obviously UNLAWFUL and UNCONSTITUTIONAL. That means that these town criers failed to note that the DECREES, THEMSELVES were criminal. They just don't "get it" or they would have gotten it years ago. If you would like to stand at the ready with us you can make a Tax-deductible DONATION to the APMA's Legal and Educational Foundation, PO Box 1002, Great Falls, VA 22066. DONORS of $25.00 or more receive a GIFT of the Court of Appeals decision - and $100.00 or more, a GIFT of "The Citizens' Guide to Fighting Government, by US Senator Steve Symms.

Signed, Julian Whitaker, MD