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Silver's Fight for Health Freedom
For the past six years the Utopia Silver Supplement Company, has been waging a battle for health freedom against the giants of the State of Texas and the FDA - one which may have major implications for all of us regarding the freedom of access to natural health supplements.
(Pictured to the left is Utopia Silver owner Ben Taylor, catching up on the latest news and sports while dining with the author at the famous Laurel Tree restaurant near Utopia, Texas)
Much like the Alamo defenders in days gone by, this small Texas company and its supporters of health freedom are pitted against a corrupt giant determined to impose it's will and stifle freedom - and, just like the Alamo and the struggles that followed, the outcome may effect the freedom and future of millions.
The conflict began as result of an FDA complaint five years ago that seeks to set a precedent for how much control the FDA has over all natural supplement companies and specifically the manufacture and sale of colloidal silver supplements.
While the Texas Attorney General's office may try to contend that this is merely a state action "to insure the safety of the citizens of the State of Texas", the truth is that the prosecuting Texas assistant attorney general and TDSHS officials are commissioned as officers of the FDA and there is no denying that the investigation into Utopia Silver began as a result of an FDA complaint.
Copies of their Certificates of Commission from the FDA were obtained after
several filings of Texas Public Information Act requests.
Therefore, this is really a Federal action
by proxy and it has pitted Utopia Silver Supplements against the Goliath
of the FDA and the World Pharma lords the FDA serves.
Although the State of Texas maintains that they are acting alone, Utopia Silver has obtained copies of individual certificates which show that the state health and AG employees are also "Commissioned Officers" of the FDA - in apparent conflict with the separation of state and federal powers. It is Utopia Silver's contention that the actions to restrict them are unconstitutional restraints on the freedom of commercial speech (as borne out by previous Supreme Court decisions) and further contends that there is no constitutional jurisdiction for the state agencies, who are actually for-profit corporations (and they are listed as such by Dun and Bradstreet) disguised as constitutional entities.
believes, as do many others including legal scholars, that much of the
country's court system and agencies operate outside the Constitution as
corporate entities, having no real jurisdiction until defendants
unwittingly submit to the jurisdiction by entering into a "contract"
with the courts and agencies through such measures as making a 'general'
rather than a 'special' appearance before a court, entering a motion,
applying for a license, hiring an attorney (who are themselves 'officers
of the court'), etc. Such
scholars and observers point to the yellow fringed admiralty flags
flying in most of our courts as clear symbols that the courts are not
constitutional courts but rather administrative corporate courts
operating under the "color of law".
after various other tactics of intimidation by the judge, told the judge
that, “The court might have the power to force me into a trial, but I
will never agree to any trial date and will attend only “in propria
persona” (in one’s own proper person) by “special appearance” in order
to defend my God-given Rights.” (Note: an appearance may be either
general or special; the former is a simple unqualified or unrestricted
submission to the jurisdiction of the court where the defendant waives
defects of service, the latter is for the purpose of objecting to the
sufficiency of service or the jurisdiction of the court over a defendant
without submitting to such jurisdiction).
Instead of accepting the improper service, Taylor sent his own "Notice
of Insufficient Process" to the court along with a demand to the court
and the prosecutor to "Cease and Desist" their fraudulent actions
against Taylor, Adask and Utopia Silver.
RETURN OF PURPORTED COURT ORDER
FOR INSUFFICIENT PROCESS AND DEMAND THAT FRAUDULENT ACTIONS CEASE,
As Taylor reports, “This Notice along with co-defendant Al Adask's "Man
or other animals filing" (see
seems to have short-circuited the Plaintiff’s intention to set another
court hearing date for Motions for court ordered interrogatories and
depositions under oath, as well as a restraining order to prevent my
selling of colloidal silver (which they say is a drug because of
customer testimonials) and silver generators (which they call a medical
More than one astute observer has pointed out that the powers that be may well be facing some very thorny issues they had just as soon not see the light of day - such as the FDA commissioning state officers, the constitutional limits on the true powers of the FDA and other such agencies' true constitutional powers, freedom of commercial speech, and the issue of whether God-given unalienable rights set out in the Declaration of Independence and secured by the Constitution trump the entire corporate "color of law" administrative system of courts and agencies which have been used to usurp our freedoms and liberties over the year.
Should the state and their FDA masters continue further actions Taylor promises that not only will such issues be at the forefront of his case, but also that he and his co-defendants will then “go on the offensive by filing suit against key officials (in their individual capacities) who have conspired to violate our Constitutionally secured Rights. Public servants/government officials lose their “official immunity” if they overstep their authority as granted (and limited) by the Organic Laws of the USA.”
NOTE: After the above story was published, Ben Taylor was interviewed by Natural News, which then published the interview in four parts. Here is Mike Adams introduction to the interview and links to each crucial segment:
Colloidal Silver Company Battles FDA Censorship and Oppression; Fights for Health Freedom
NaturalNews has just posted a must-read
4-part series of interviews with Utopia Silver Supplements, a colloidal
silver company that's been battling the FDA over health freedom issues
for 5 years.
For a related stories see: