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Court Rules Against FDA In Landmark Health Freedom Case

Posted By admin On March 23, 2012 @ 4:02 am In Sci Tech | Comments Disabled

Mike Barrett
March 23, 2012

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 [1], 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 [2], and help to fight cancers [3], 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 [4] 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 realdrugs 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” [5]. As far as the FDA is concerned, these “drugs” can not be legally marketed in the United States without an approved new drug application.

This article first appeared at Natural Society [6]

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URL to article: http://www.prisonplanet.com/court-rules-against-fda-in-landmark-health-freedom-case.html

URLs in this post:

[1] while censoring health food and supplements: http://www.anh-usa.org/fda-went-too-far/

[2] promote graceful aging: http://naturalsociety.com/green-tea-naturally-promotes-graceful-aging-health-independence/

[3] help to fight cancers: http://teaforhealth.com/science.htm

[4] disclaimer: http://naturalsociety.com/disclaimer/

[5] make their walnuts “drugs”: http://naturalsociety.com/fda-claims-walnuts-illegal-drugs-government-lunacy-best/

[6] Natural Society: http://naturalsociety.com/court-rules-against-fda-in-landmark-health-freedom-case/

[7] FDA Looking to Ban B6 Supplements, Give Boost to Big Pharma: http://www.prisonplanet.com/fda-looking-to-ban-b6-supplements-give-boost-to-big-pharma.html

[8] Support the Free Speech About Science Act and restore freedom of health speech: http://www.prisonplanet.com/support-the-free-speech-about-science-act-and-restore-freedom-of-health-speech.html

[9] FDA defeated in federal court over censorship of truthful health claims: http://www.prisonplanet.com/fda-defeated-in-federal-court-over-censorship-of-truthful-health-claims.html

[10] FDA Trilateral Cooperation Charter – the end of health freedom as we know it: http://www.prisonplanet.com/fda-trilateral-cooperation-charter-the-end-of-health-freedom-as-we-know-it.html

[11] FDA censorship of nutritional science threatens health of all Americans: http://www.prisonplanet.com/fda-censorship-of-nutritional-science-threatens-health-of-all-americans.html

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