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Court Rules Against FDA In Landmark Health Freedom Case

Mike Barrett
Natural Society / News Report
Published: Friday 23 March 2012
“According to the FDA, claims made by Diamond Foods that omega-3’s found in walnuts produce health benefits make their walnuts drugs.”
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If you are the maker or seller of health supplements, or follow the decisions made by the Food and Drug Administration, then you probably know of the blatant corruption and injustice revolving around the FDA. Through examining and following the FDA’s decisions, anyone can see that the organization continuously pushes pharmaceutical drugs while censoring health food and supplements, and their ability to heal. Such is the case with a company known as Fleminger, Inc. and their product, green tea.

Court Rules FDA is Harshly Censoring Foods and Supplements

In 2004, Fleminger Inc. submitted a health claim petition to the FDA for their green tea product. Scientific research is available showcasing green tea’s ability to boost the immune system, promote graceful aging, and help to fight cancers, and so Fleminger Inc. rightfully though to promote these health advantages. But the FDA responded a year later with proposed disclaiming stating “FDA concludes that it is highly unlikely that green tea reduces the risk” of breast cancer and prostate cancer – advantages Fleminger Inc. wanted to promote. In 2010, after threatening to seize Fleminger Inc.’s products and use of exact language proposed by the FDA, the organization sent over another revised claim which they insisted the company use:

“Green tea may reduce the risk of breast or prostate cancer. FDA does not agree that green tea may reduce the risk because there is very little scientific evidence for the claim.”

Being shocked and appalled by the FDA’s force, Fleminger created a suit in the US District Court. The Food and Drug Administration simple gave Fleminger no choice but to use their exact words in claims or risk facing the tyranny of the FDA. Thankfully, judge Bryant ruled in favor of Fleminger, saying:

 ”The FDA’s language “effectively negates the substance–disease relationship claim altogether….There are less burdensome ways in which the FDA could indicate in a short, succinct and accurate disclaimer that it has not approved the claim without nullifying the claim altogether.”

Unfortunately, companies promoting food and supplements are seldom allowed to showcase specific health benefits resulting from use of their product. As shocking as it may seem, the FDA deems food and supplements as drugs if they are marketed with health claims. Furthermore, these ‘drugs’ would need to go through costly drug trials, and can’t be patented like all other real drugs can be.

This is such the case with Diamond Foods and their walnuts. In response to claims by a company named Diamond Foods that walnuts possess health benefits, the FDA sent the company a letter informing them of their wrongdoing. According to the FDA, claims made by Diamond Foods that omega-3′s found in walnuts produce health benefits make their walnuts “drugs”. As far as the FDA is concerned, these “drugs” cannot be legally marketed in the United States without an approved new drug application.

There are many cases similar to those experienced by Fleminger Inc. and Diamond Foods. Why is the FDA absurdly censoring foods and natural supplements while promoting prescription drugs? Well, to put it simple, the organization simple does not care about your health



well I must say this comment

well I must say this comment was written on a different post and why it showed up here is a puzzle as I had not even pulled this story up when I posted the above comment. Nation of change should check their site for bugs.

I heard that Cecily is to be

I heard that Cecily is to be charged with assaulting a police officer as she hit him during her seizure. My husband was epileptic and when he seized, Grand Mal- psycho motor seizures, he had no control about what was happening to his body and anything or anyone around them. When a person has a seizure, you do not restrain them and police had her zip tied, in other words restrained. When a seizure occurs the brain basically short circuits and it is like doing a 40 hour work week of hard physical work in the matter of a few seconds. The person usually does not remember anything at all about the seizure other than they are usually confused after the fact and extremely tired and weak. Cecily would no doubt have similar actions during her seizure, she would be unable to stop anything that happens when seizing and to try to press charges on her for assaulting an officer when she is on obvious signs of medical distress is lower than low. It is a medical condition that people suffering from this condition have NO CONTROL over what happens during a seizure and to act like she did this on purpose or to try to charge her with assault is unconscionable. They should have immediately unrestrained her and to assure she would not injure herself or others who might try restrain her. I worked in law enforcement and also the medical field and we were trained how to care for a situation like this if it happened, obviously they do not give these types of training in todays law enforcement.

Makes ya think about Magic

Makes ya think about Magic Mushrooms, Cannibas, and abouve them all DMT. Just a shame they prefer profit over the overall wellbeing of the people paying/loosing hard earned money(taxes) to put in their pockets. Backwards world i live in. Just need to dismantal all politricks and "orgainized religion" and maybe, yep just maybe then will the peoples clouded minds will see that we all can live together in true peace with nothing tearing us apart. But what "leader" in their power hungry greedy mind wants that? Mainly from the EU or the Corporate States of the Americas...sad, i know.

This article is absurd. The

This article is absurd. The FDA p-r-o-t-e-c-t-s our health in as limited way as the 'bought-off' Congress allows!

Anyone who walks through a

Anyone who walks through a drugstore or health food store today would find it hard to make a case that the FDA is too strict. The unconfirmed claims in advertising makes anyone familiar with the accepted standards of scientific testing weep.

Old Uncle Dave's picture

The FDA approved Thalidomide

The FDA approved Thalidomide and Vioxx. Hardly an agency that can be trusted.

What we need is to remove

What we need is to remove Obama and all his people who clearly have only one goal and that is to destroy everything America to create a New World Order of Communist/Fascism. Is everyone not paying attention to all his Executive Orders and the decrees from his departments? Could there be a better way to crash the system? Wake Up Folks.

What does all the anti-Obama

What does all the anti-Obama talk have to do with the topic?

Oh, that's right; nothing.

This has been going on since long before Obama got into the White House.

Thank you Darklady. However,

Thank you Darklady. However, you should know by now that Tea Baggers don't care about the truth. they only care about hate and fear.

What we need is an expanded

What we need is an expanded public health service that is allowed to tell us how all of these substances can help us live healthier lives and give us a safe place to play with them.

I think I know where the FDA is coming from, but I'm not sure about RobertMStahl. But I agree with him! The FDA is mandated to make sure that the 'drugs' we use are beneficial and effective. In order to do that we have to analyze the body's reactions and how the 'drug' effects them to make us healthy. The pharmaceutical industry necessarily ignores the fact Stahl alludes to that the human being is not able to be properly analyzed; we are complex, with many interrelated reactions (and cutting the ones we are not interested in while honing on on the ones that can make lots of money leads also to the many unintended consequences that remove drugs from the market after a few years).

Bateson's psychology and Varela's autopoiesis are all about complexity.
Simple mechanical systems, like the FDA and pharmaceutical industries wrongheadedly think of the body, can be analyzed, but complexity has to be simulated, like the weather and the economy (if you believe Moody). Humans are more complex than that because they can read their environment and adapt to it in novel ways that are completely unpredictable. Even chaos, convergent math, and Lorentz attractors can't predict human behavior.

The bottom line here that neither the FDA, nor the health food industry, nor the AMA, nor even Stahl recognize is that the human body is an adaptive organism that responds to all changes in its environment. Good foods, like walnuts, are a part of the solution, but I'm not sure they should be able to claim they prevent specific illnesses; again that's wrongheaded analytical thinking. Xylitol is more specific: it prevents tooth decay when put in the mouth, and upper respiratory problems, both infectious and allergenic, when put in the nose , but still can't make those claims without FDA approval because that's how we make the legal definition of drugs. Probiotics, that recognize the role of our biome, our symbiotic bacteria, in helping us live healthy lives are likewise not drugs. There are few specific effects of these foods and other helpful substances, nor should we be demanded to look for them because that is not possible in a complex and adaptive organism.

As a former regulatory

As a former regulatory executive familiar with FDA and equivalent European regs, there is nothing unusual about the FDA stance here - the issue is the claim made by Diamond about the health benefits of walnuts. FDA requires anything claimed for drug or health benefit to be validated by testing and go through long-established FDA procedure for approval. Otherwise, the claim must be challenged by FDA, and if not responded to, by existing FDA regs the claim must be expunged from the labeling documents (packaging, ads, etc) marketed with the consumable item….and all shelved items containing the claim must be removed from the market. A simple solution for Diamond is to reword the labels on the walnut packages, usually a simple matter of phrasing or even a word or two. FORTUNATELY, FDA is effectively guarding America’s health.

"FORTUNATELY, FDA is

"FORTUNATELY, FDA is effectively guarding America’s health."

Is that the same FDA that is rubberstamping Monsanto claims? Only asking...

This is why the medical

This is why the medical profession must become responsible for the species and the drug-relationship to the cell's membranes that are effected, not the membranous BS that the military industrial complex has over all this. Aside from the NSA's operations in Bluffdale, Utah, who knows of Gary Null's expose called Deconstructing the Myth of AIDS, and old piece of journalism? What direction do we want to go in? Or, who knows of the drug cartels indicated by, and where the work is complete as court documents that just need a fair trial, Indira Singh. Google Indira Singh Guns and Butter from the year 2005. Take that seriously. Who knows of GUT-CP and the truth about entropy, the bad statistic that forms the second law of thermodynamics? Who knows of Gregory Bateson's psychology, or Francisco J. Varela's advances in immunology and cognitive laws of autopoiesis? Lynn Margulis' genesis? Lovelock's ecology? Abrahams (Chaos) Convergent Math studies and the Lorentz attractor? Joe Vialls about the tsunami in the Indian Ocean December 26, 2004? Richard Gage's www.RememberBuilding7.org and Alex Jones on Hurricane Erin (http://www.youtube.com/watch?v=kMPtNtKsxK8)? What is all this ignorance but an opportunity thoroughly wasted?

I believe that the FDA

I believe that the FDA recently approved a new drug to combat incoherent rambling, often called verbal diarrhea. You should check it out.

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