Federal Court Slaps FDA

We rarely hear about the times the Fraud and Death Administration gets a smack-down, but it does happen and more often than you would think.  The most recent slap came on May 27, 2010 when Judge Ellen Segal Huvelle of the United States District Court for the District of Columbia rejected the fraud and death administrations lies, half truths and fabrications to declare that the fraud and death administration was guilty of violating the First Amendment.  The fraud and death administration intends to ignore the verdict though.  As usual, the agency believes itself above the law.

In the case Alliance for Natural Health v. Sebelius arose after the fraud and death administration attempted to silence information about the essential nutrient selenium.  The fraud and death administration views herbs, supplements, and vitamins as potential competitors for its “clients,” big Pharma.  Any attempt by the health industry to make factual based claims about herbs, supplements and vitamins, results in the fraud and death administration suing.  And since these herbs, supplements, and vitamins conflict with the interests of Big Pharma the fraud and death administration isn’t about to allow those claims to be made.

Find out more about Selenium from this fact sheet:

The Fraud and Death Administration sees Big Pharma as its clients, to hell with their mission statement.

The fraud and death administration’s goals are simple, push anything that big pharma wants to market and suppress everything else.  In fact the fraud and death administration has a long history of ignoring the will of the courts and suppressing valid scientific claims when it comes to herbs, supplements, and vitamins. Recently the fraud and death administration made vitamin B6 a drug and sold the rights to produce that necessary vitamin exclusively to a big pharma corporation.


By Attorney Jonathan Emord
June 3, 2010

The story behind the story is that FDA utterly refuses to comply with the Pearson decision and with that case’s progeny. A short time after Pearson v. Shalala was decided, I was informed by an FDA employee in the know that the FDA would “never abide by that court decision, never, ever.” He meant to dissuade me from future litigation on the notion that it would be costly and futile given the fact that FDA would continue to censor claims, regardless of what the courts ruled.

In other words, that FDA employee put me on notice that an agency of the government that regulates about one-quarter of the economy viewed itself as unconstrained by final and binding constitutional mandates from the United States Court of Appeals for the District of Columbia Circuit. The statement shook me to my core and has been a source of recurrent reflection for me as I have watched that agency defy federal court orders and flout statutory requirements again and again. For me, it confirmed that this agency’s refusal to abide by the court orders it disliked was not the product of bureaucratic incompetence but was by design. There can be no rule of law, no constitutional limit on the exercise of government power, and no ethics in government service if those who rule powerful federal agencies, like the FDA, so disrespect the authority of the federal courts that they will ignore or circumvent the courts’ orders. There can be no meaningful separation of powers if the FDA can with impunity violate and circumvent court orders as if it, not those courts, were the final arbiter of the legality of agency action.

The fraud and death administration refuses to obey the courts

Can it get any clearer that this agency needs to be dissolved?  The fraud and death administration rubber stamps drugs which kill 3,000 American citizens each month then fights like hell to leave those drugs on the market even as the evidence mounts that the drugs kill.  Look how long it took them to recall Avandia but it was approved in less than a month.

(Note: I don’t usually link back to my own articles but the two I have done so with already hold a lot of information as well as links to scientific papers on the subject)

FDA approval doesn’t mean what it used to.  After all, the FDA now approves cigarettes, right?

Then we have Congressman Henry Waxman has made it his priority to get herbs, supplements, and vitamins into the hands of big pharma and the fraud and death administration or under the control of the FTC.  As a fan of unlimited government, Waxman has tried repeatedly to introduce legislation which would take vitamins, supplements and herbals out of the hands of Citizens and into the hands of big pharma.

Henry Waxman California's 30th District needs to be ousted!

California seems to have the worst of the worst when it comes to Congressional representation.  I don’t know what is wrong with those people in California, but they had better oust these fools fast if they want to keep their health!

The fraud and death administration has been a rogue agency since 1999 when the case of Pearson v. Shalala was decided in favor of science and health industry claims by herbs, supplements, and vitamins.  The fraud and death administration was ordered to favor the claims made by the health industry.  It was also told that if the fraud and death administration chose to ban the claims it would have to show cause for the ban.  It still hasn’t done so although a small amount of progress has been made, very small.

Constitutional Issues Involving
Disclaimers on Dietary Supplements

Emilie H. Leibovitch
National AgLaw Center Graduate Assistant

The court found that (1) the government had a substantial interest in promoting the health and safety of its citizens, but (2) barring the health claims from being printed did not directly advance that particular interest, and (3) there was no “‘reasonable’ fit between the government’s goals and the means chosen to advance those goals.” Id. at 655-57. Thus, the court favored the use of disclaimers over a total ban of speech. See id. at 659.

Furthermore, the court held the FDA’s determination invalid because the agency failed to explain why it rejected the health claims. See id. at 660. The court explained that using the standard of “significance scientific agreement” without giving any explanation was too broad and remanded the case in order for the FDA to reconsider the health claims. See id. at 660-61.

The fraud and death administration has yet to implement the required court directions.  I realize what a terrible surprise that must be to all, NOT! While I would agree that claims made by herbal companies about herbs, supplements, and vitamins should have proof that they actually do what they claim, the fact that the fraud and death administration can call a cereal a drug because of health claims tips the scales on ridiculous behavior, a waste of taxpayer funding, and outrageous.

Labeled a drug by the fraud and death administration

We all remember the claims made by the fda concerning cheerios. Then there is the warning the fda issued concerning Cherries. With repeated judicial review and mandates against the fda by the courts, I find it odd that there has been NO congressional investigation of the agency or those working there. But that is the uselessness of congress for you.

To show you just how despicable the fda is, we’ll turn our attention to the case of folic acid.  For over 4 years the fraud and death administration refused to allow information to be gotten to the public concerning the health benefits of folic acid.  The refusal of the fraud and death administration led by FDA Commissioner David Kessler a pediatrician led to the deaths of over 100,000 babies due to neural tube defect.  Only after had pressure from congress was Dr. Kessler forced to allow the information out which has saved countless babies lives since.

Caused the deaths of at least 100,000 babies https://www.law.uh.edu/healthlaw/news/Graphics9812/kessler.JPG

According to the article written by Attorney Jonathan Emord, “FDA’s rigid refusal for over 4 years to allow a folic acid-neural tube defect risk reduction claim to reach the market. The CDC and NIH were trumpeting to doctors for over two decades that 400 micrograms of folic acid when consumed daily by women of childbearing age before they became pregnant could cut the risk of spina bifida or anencephaly by as much as 40 percent. Former FDA Commissioner David Kessler, a pediatrician, refused to let that information appear in the market on folic acid containing dietary supplements and foods. The consequence was that women were first hearing of the risk reduction when they approached their obstetricians with a pregnancy, not before when the supplement has to have been ingested to achieve risk reduction. Thus, some 2,500 preventable neural tube defects occurred each year as women unaware of the need to consumer folic acid daily before pregnancy suffered the monstrous realization after the fact that their newborns were so afflicted (many many more chose to abort their NTD-afflicted fetuses). To protect the drug approval process from competition, Dr. Kessler condoned the sacrifice of thousands of children.”

How many other children has this “Dr.” cured or killed in his practice?  And I do believe he still practices today.  Is there any wonder I despise the fraud and death administration? How many more people have to die before enough is enough? This agency needs to be eliminated because it is NOT doing the job for which it was designed. Nor can these claims be denied by either the fraud and death administration or congress.  There is simply too much evidence available to back this claim up.

I checked out all the information I could concerning Dr. Kessler but none of it shows his complicity in the deaths of all those children and babies.  How could something so horrific go unremarked?  But there is nothing, only rave reviews on his career.

Unless the court decisions come with jail time for those who refuse to implement the rulings, I do not foresee a time in the near future where truth for supplements vitamins and/or herbs will come about. The refusal by the FDA to adhere to the court orders only proves that the agency is beyond saving. Time to get rid of it.

~ by justmytruth on June 7, 2010.

3 Responses to “Federal Court Slaps FDA”

  1. Hello, I love your article. This is a nice site and I wanted to post a little note to let you know, good job! Thanks Meia

  2. Hello Mela,

    Thanks for stopping by and leaving a comment. Hope you have a great day!

  3. High blood levels of vitamins to also include magnesium and calcium. Magnesium is a good vitamin for high blood pressure and that this deficiency can cause blood pressure. It can also be found in green leafy vegetables, nuts, seeds, purslane, poppy seeds and green beans.

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