What's going on & What to do

In case you've been asleep since 1994 vested interests desperately seek to  limit your access to health and health technology by undermining DSHEA, by multiple means.

Recently, a widely circulated initiative recommending public comment opposing the FDA's initiative.  Click here to review Docket E7-3259.  The docket seeks to expand the FDA's authority to regulate any product that has any effect on any disease, broadly described as Complementary and Alternative Medicine, or CAM. 

If you're already convinced to take action then Fight Back today, otherwise keep reading.

This regulation seeks to invalidate DSHEA by giving the FDA authority to arbitrarily reclassify supplements that benefit any disease as drugs.  This FDA initiative is in contempt of congress.

Contempt is a strong word, so here's why Congress (and Americans in general) must take offense: 

• DSHEA explicitly states that the  FDA does NOT have the authority to control access to dietary supplements BECAUSE they have the ability to affect disease;
• The FDA wants control of all health related technology because top level executives main job is to protect corporate sponsors from competition, effectively depriving the American public of beneficial technology; 
• This exactly contradicts the congressional mandate of the FDA.  The FDA is designed to protect the public from things that don't work - not things that do.

So let's ask some tough questions with the US constitution in mind:

• Why do FDA bureaucrats think they have more authority to write law than congress?
• Who gave FDA authority to prosecute Americans outside the judicial system?
• Who gave the FDA the right to limit freedom of speech?
• Who forgave the FDA the traditional Burden Of Proof requirements established in the constitution and reiterated in DSHEA?
• Who gave the FDA the mandate to act as an competitive watchdog for the pharmaceutical industry?

The short answer is nobody.  The FDA wrote this authority into "rules" which it prosecutes as "law".  Congressional oversight of the FDA is poor at best.  Congress allows the FDA ongoing abuse of both public trust, and the real law laid down by congress. 

The FDA acts in ongoing and conscious contempt of both congress and the American people.   See David Graham Senate Testimony Here.

• Why does congress allow this abuse of power?

Here are links to the laws that governs the FDA:

• DSHEA act of 1994
• Federal Food, Drug and Cosmetic Act
• Public Heath Service Act

Curiously, none of these laws give the FDA the ability negate any citizens guaranteed in the Bill of Rights.  

The FDA is out of control.  More importantly, there is a coordinated attack on Americans' access to health technology.  The attack is coming from four concurrent directions.  This position is soundly articulated by Dr. Aspley's overview.

On one front, the FDA, persecutes Americans:

• The FDA acting as a Rule Promulgating Authority makes rules that contradict congressional intent and abuse American citizens;
• The FDA acting as Autonomous Enforcement Authority prosecutes Americans without trial as guaranteed by the  sixth amendment;
• The FDA acting as a Rogue Enforcement System routinely threatens and implements warrant-less search and seizure of private property in direct violation of the fourth amendment and fifth amendment resulting in financial and physical harassment;

• The FDA uses public money to harm private individuals and health care providers with impunity. 

  It does not matter what the law says, the rule promulgating authority enables the FDA's use of unlimited tax payer's monies to go after A, B & C above – e.g., CAM individuals (typically manufacturers) in alliance with state medical board authorities (who first identify and then go after the individual physicians). Thus, they create a one-two-three punch, going after all sources of undesirables from all ends possible, hurting them financially well before they have their day in court. The strategy is merely to drain their resolve and finances, forcing a consent decree to be signed by the party under financial duress.  (Dr. Aspley's overview)

  A reminder of the forgotten ninth amendment.  The enumeration in the constitution, of certain rights, shall not be construed to deny or disparage others retained by the People.”

  Under the Ninth Amendment to the Constitution of the United States of America, I retain the right to freedom of choice in health care and educational services.  This includes the right to choose my diet, and to obtain, purchase and use any therapy, regimen, modality, remedy or product recommended by the therapist, doctor, or practitioner of my choice.  The enumeration in this Declaration of these rights shall not be construed to deny or disparage other rights retained by me, or my right to amend this declaration at any time.

On a second front, Codex Alimentarius looms.  Aggressively promoted and deceptively branded to congress and the public as international "harmonization" has silently eliminated most effective supplements from Europe and Canada.  The continuous threat of Harmonization driven by the FDA, the AMA, and drug companies seek to undermine access to clinically effective foods and dietary supplements.

On the third front, the state licensing boards aggressively prosecute any conventional doctor who offers therapy outside the deceptively narrow "standard of care" promoted by the AMA, and approved by the FDA.  Innovation of care is utterly abandoned for fear of medical license forfeiture.

On the fourth front, treatment innovation is suppressed.  Public media and research advocacy organizations plead for funding on the basis of an absence of scientific knowledge. 

Conversely there is simply an absence political mass and funding to use the knowledge that we already have. These dynamic queries connect you to US patent database queries that retrieve over 5900 patented treatments for cancer, diabetes and heart disease.

• Over 2500 Cancer Treatment Patents;
• Over 1400 Diabetes Treatment Patents;
• Over 2000 Cardiovascular Disease Treatment Patents.

These queries illustrate that the challenge of health care technology is not technical, it is political and financial.  There is no shortage of technology.

There is a bigger picture.  This problem is congress.  The solution is congress.  We must use public pressure force congress to protect our health rights once and for all. 

Congress has to

 retake control of the

 FDA.

 

Public Pressure on Congress is

 the only way.

Click Here to Act NOW

In the longer term, the US desperately needs competent competition in health care.