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A trial down in
Texas may be vital to us all
by Tony Isaacs
Events appear to be marching slowly but surely towards a trial in Texas which
may have major implication for all of us regarding our freedom of access to
dietary natural health supplements. 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. It pits Utopia Silver, a small
natural supplement company and maker of colloidal silver which I consult to,
against the Goliath of the FDA and the World Pharma lords the FDA serves.
Much like the Alamo defenders in days gone by, this small company and it's
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.
Five years ago, about the same time that the FDA began renewed targeting of
colloidal silver because of it's effectiveness as a natural anti-biotic and
rising popularity - and not coincidentally as a threat to the profits of Big
Pharma and mainstream medicine - the FDA sent an email to the Texas Department
of State Health Services (TDSHS ) essentially complaining that Utopia Silver was
making medical claims which, in the eyes of the FDA turned their supplements
into drugs. The TDSHS then brought the complaint to the OfficerTexas Attorney
General (TAG).
It has since been determined that among the targeted objections are: having
medical terms such as cancer, hepatitis, diabetes, etc., posted anywhere on the
website; having any medical terms in a search engine, and the posting of
testimonials from customers who had taken any company products and defeated or
improved any medical condition.
Such restrictions appear to be clear violation of the First Amendment (Freedom
of Speech) of the Constitution of the United States of America, especially the
prohibition against posting testimonials and speaking the truth about how people
believe that dietary supplements have helped them.
If the FDA is to have their way, a person seeking a natural dietary supplement
for any medical condition would not be able to go to any website which offered
vitamins, minerals, natural supplements or any other alternatives to mainstream
medicine and be able to find that term in a search of the site or mentioned
anywhere in the site. Neither would they be able to find testimonials from
anyone who had used an alternative to FDA approved drugs and medical procedures.
Next Wednesday
there is a meeting between the parties in a Judges chambers in Austin, Texas as
they attempt to comply with a judges request to work out an agreement. So far
the Texas Attorney General's Office (TAG), which are commissioned officers of
the FDA (which is likely a violation of both the Texas and US Constitutions),
appear to be obviously acting on behalf of the FDA, have not given any
indication of making a fair or reasonable settlement.
Last spring, the Assistant Texas Attorney General in charge of the case, Raul
Noriega, first agreed and then reneged on an oral agreement that would have
settled the case. When asked why Noriega's only response was that he was told by
higher ups to proceed to trial despite the prior agreement to settle.
Last summer, TDSHS employees paid three visits to the Utopia Silver offices and
lab locations, and asked to make inspections. The first time, two TDSHS
officers paid a visit. One identified himself as an "inspector" and the other
as an "investigator". The owner of Utopia Silver, Ben Taylor, asked to see
credentials so he could make a copy. When they refused he turned them away.
The next day they returned, accompanied by two Texas State Troopers, and said
they had a warrant. When Taylor demanded to see it, they again refused, saying
he could go to Austin if he wanted to see it and threatening to arrest Taylor if
he did not comply. At that point, Taylor began placing a phone call to the
local sheriff, and the TDSHS employees and State Troopers beat a hasty retreat.
It was later determined that no properly executed affidavit ever existed.
Two days later the TDSHS empoyees returned for a third time, just ahead of a
Sheriff's Deputy. Taylor told them that since he was expecting the deputy to be
there that morning to take statements about their activities day before, he
would talk to them after he spoke to the deputy. He told the two TDSHS men to
wait outside until the deputy took statements from four employees who had
witnessed what had transpired the previous day.
"In the middle of the first statement," said Taylor, "the investigator came in
asked to speak to the deputy. The deputy followed him to the lobby and I
followed right behind. The TDSHS man asked if I was going to comply with the
warrant for an inspection. I again told him that I would talk to him when I
finished with the deputy"
"He then proceeded to say that since I was refusing his inspection," Taylor
continued, "would I sign a document stating that I refused inspection, and I
said no and they left. After that, we finished giving our statements to the
Sheriff deputy and so far they have not been back."
Most recently,
they have continued to stonewall and refuse to answer questions or otherwise
attempt to make clarifications requested by Ben Taylor in accordance with the
presiding judge's request for both sides to work together to try to work out an
agreement. When Utopia Silver asked why they were being singled out for such
actions and nothing was happening to similar companies, Assistant Attorney
General Noriega said that
"someone" had decided to make Utopia Silver a test case.
After he made the statement, he was interrupted by the TDSHS officer, who,
according to Taylor "proceeded to hem and haw on that point, obviously not
comfortable with that statement having been made by the Assistant Attorney
General."
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 in Texas the state attorney generals 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.
The outcome of the trial could have huge implications for thousands of similar
companies as well as for the many millions of U.S. citizens who choose to use
natural dietary supplements. Although not publicized until today, already many
individuals and organizations are aware of this FDA led outrage and are
anxiously waiting to see how it unfolds. Among them is an associate of Aaron
Russo's who has indicated that they want to include the case in an upcoming
documentary.
Before all is said and done, there are likely to be many more interested parties
join the fray in support of Utopia Silver and the issues at stake in the case.
It could well be that the Texas Attorney General and those who are really behind
the lawsuit may find that Utopia Silver has more friends and supporters than
they have imagined possible.
July 29, 2007
Tony Isaacs
(Note: After the hearing next week and as this
case moves forward I intend to update The Best Years In Life and the world about
what is happening down here in the Hill Country of Texas that may affect us
all. Should the FDA persist in trying to usurp the US Constitution and our
rights to access to safe and effective alternatives to dangerous mainstream
drugs and managed illness I promise that I will do my best to raise a hue and
cry far and wide. And I will be calling upon my friends here to help raise it.)
The Texas Constitution
Article 1 - BILL OF RIGHTS
Section 8 - FREEDOM OF
SPEECH AND PRESS; LIBEL
"Every person shall be at
liberty to speak, write or publish his opinions on any subject, being
responsible for the abuse of that privilege; and no law shall ever be passed
curtailing the liberty of speech or of the press. In prosecutions for the
publication of papers, investigating the conduct of officers, or men in public
capacity, or when the matter published is proper for public information, the
truth thereof may be given in evidence. And in all indictments for libels, the
jury shall have the right to determine the law and the facts, under the
direction of the court, as in other cases."
------------------------------------------------------
"The
FDA 'protects' the big drug companies and are subsequently rewarded, and using
the government's police powers they attack those who threaten the big drug
companies. People think that the FDA is protecting them.
It
isn't.
What
the FDA is doing and what the public thinks it is doing are as different as
night and day."
Dr. Herbert Ley
Former U.S. FDA
Commissioner
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