FDA spanked in court over censorship of truthful health claims

The FDA had this one coming.

A Federal court has determined that the FDA violated the 1st Amendment rights of a health supplement producer when it censored truthful, scientifically-backed claims about how selenium can help reduce the risk of cancer.

FDA defeated in federal court over censorship of truthful health claims

(NaturalNews) Health freedom has just been handed a significant victory by the United States District Court for the District of Columbia, which ruled last week that the U.S. Food and Drug Administration (FDA) violated the First Amendment rights of a nutritional supplement company when it censored truthful, scientifically-backed claims about how selenium can help reduce the risk of cancer.

Essentially, the FDA applied its doctrine of censorship to these selenium supplements in the same way it oppresses truthful and scientifically-supported health claims across all dietary supplements. The purpose of the FDA's censorship of truthful information about the health benefits of dietary supplements, as NaturalNews readers already know, is to keep the American people nutritionally illiterate and protect the profits of the pharmaceutical industry.

As explained by health freedom attorney Jonathan Emord who argued the case before the Court:

"The decision... reaffirms that FDA is subject to the strictures of the First Amendment in its evaluation of health claims and it faults FDA for failing to follow that standard, holding its suppression of the selenium-cancer risk reduction claims unconstitutional."

Emord goes onto explain:

"The Court concludes that the FDA... has not provided any empirical evidence, such as 'studies' or 'anecdotal evidence,' that consumers would be misled by... plaintiffs' claims were they accompanied by qualifications. Moreover, the explanation the FDA offers to demonstrate that plaintiffs' claims are misleading – that the claims leave out pertinent information – is not support for banning the claims entirely..."

Read more: Natural News

Alliance for Natural Health announcement of victory in the case


This court ruling should open the door for other producers of health supplements to make claims about the health benefits of their products, as long as they have the science to back up their claims.

You can be sure the FDA will appeal this ruling and, in the mean time, will go on terrorizing health advocates in order to protect the profits of the big drug companies who they really work for.






[edit on 6/4/10 by FortAnthem]

The FDA's biggest nightmare is that people will discover natural ways to help fight illness.

If people figure out that everyday foods and supplements can help fight certain conditions then big pharma would be in a world of hurt.

As most of us know the FDA does not look out for the well being of the average citizen and holds the interest of big business in it's highest regards.

This is huge news! The FDA are largely responsible for the "death care" corporation we have in place today. Doctors don't know anything about nutrition, proper tests, detox, pollutants, etc. All them seem to know is how to search a database and apply a drug, test or therapy to cover your symptoms while you remain clueless about how to really solve your problem. They take advantage of innocent people and I'm really getting sick of it!

Natural News is great so are Earth Clinic, CureZone and Cancer Tutor

Thanks for posting! Be well.

Wouldn't it be lovely if this were the first step in the dismantling of the FDA....?

This is a big win for consumers. IMO the FDA has been, in many cases, working against the public's best interest.

I can agree with shutting down suppliers who make false claims, or claims not backed by scientific studies, but I've seen quite a few articles about suppliers being shut down who were making valid claims about their products.

Anyone who wants to do more reading about FDA corruption, look in to the banning of L-Tryptophan. This was an amino acid that was widely prescribed for sleep disorders & depression. It was banned not too long before Prozac was released - which became the most commonly prescribed anti-depressant. I'm sorry I don't have any sources to link to as I read this information years ago.

This is a great story and an important victory for freedom of health.

One of the crucial points made in this article is the FDA's ability to render the public "nutritionally illiterate" which does happen in many ways.

First of all I'll just say that any real food like those mentioned in the link (cherries and walnuts) should be required to carry disease preventative food labeling. Simply because they are some of the only 5% real, one ingredient, unadulterated foods available in the grocery stores.

The FDA, through it's extending authority, is able to influence the public perception of everything from vitamin supplements to whole foods like broccoli to chemical additives and adjuvants. They want the public to be ignorant of the difference between real foods and fake foods and want the people to believe it's all about watching calories.

Take those "nutritional fact labels" found on the side of most every store-food available for purchase.

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People are educated in the practice of reading the numbers on those packages. "If you want to be health conscience, use the "nutritional facts labels" provided to you."

They looks at the calorie content, then the look at the fat - "is there any trans fat?" they may check for it. What about carbs? "We're not supposed to have too many carbs they say". "Make sure to check the sodium".

These are all distraction pieces from the main point which is this: It really doesn't matter whatsoever to "read" or "watch for" those labels for better health. All that matters in the end is the ingredients and more precisely, what has been added and what has been "done" to the food.

Remember, foods used to be one ingredient. Packaged and processed foods aren't just "well mixed, one ingredient foods together in a convenience pack". They are a jumble of "non-attainable" chemicals used to adulterate what used to be one ingredient, but have since been rendered into what is in effect, an unidentifiable substance to the body with little to no nutritional value.

Calories, sodium and fat content shouldn't be the true focus of national health consciousness. It should be real foods, real one ingredient foods that serve to nourish the body; not satisfy some calorie or low fat content quota. You can watch calorie and fat content all day long are still end up extremely unhealthy and unhappy.

The FDA serves to be a key facilitator in recruiting and retaining life long members into the sick-care industry so that those who lobby for policy serve to gain the most.



[edit on 4-6-2010 by StrangeBrew]