Wednesday, December 12, 2012 by: Summer Tierney
(NaturalNews) Even while manufacturers of nutritional supplements remain effectively gagged when it comes to promoting the truthful health benefits of their own products, a recent federal appeals court decision appears to give a free pass to pharmaceutical representatives peddling prescription drugs for "off-label" uses.
Throwing out the previous conviction of Orphan Medical Inc. (now part of JazzPharmaceuticals Plc.) sales representative Alfred Caronia, the 2nd Circuit Court of Appeals in New York found that Caronia's rights to free speech under the First Amendment had been violated. Caronia had been found guilty in 2008 by a Brooklyn court for improperly promoting the drug Xyrem (an FDA-approved treatment for narcolepsy and daytime sleepiness related to narcolepsy) for other "off-label" uses, including muscle disorders, chronic pain and fatigue. "Off-label" refers to the use of a drug as a treatment for conditions other than those specifically approved by the FDA.
Caronia's actions were determined to be a violation of the federal Food, Drug & Cosmetic Act, and he was sentenced to one year of probation plus 100 hours of community service. But Caronia appealed that decision, and the appeals court agreed with him, finding that drug companies and sales representatives should have the same rights as doctors do, in promoting FDA-approved drugs for off-label uses.
Writing for the 2-1 majority, Circuit Judge Denny Chin pointed out, "In the fields of medicine and public health, where information can save lives, it only furthers the public interest to ensure that decisions about the use of prescription drugs, including off-label usage, are intelligent and well-informed." The ruling cited a 2011 U.S. Supreme Court decision in which speech used for purposes of drug marketing was found to be a protected form of expression under the Constitution.
But though this inalienable rights to free speech and expression may be obvious to some, it apparently is less obvious to others -- namely the FDA, which unfairly discriminates against manufacturers of dietary supplements by making it impossible for them to share the health benefits of their products with customers in any reasonable way.
Under current law, any food or dietary supplement purported to offer any kind of health benefit (think those based on ordinary foods too, like cherries and almonds) is immediately reclassified as a "drug," and therefore subject to the same labor-intensive, multi-million dollar FDA approval process required for prescription pharmaceuticals. (Not that the process does much to protect the public from the dangers of toxic conventional medicine, mind you. But, of course, the government wants its share of the profits, especially as alternative remedies gain in market popularity). And so manufacturers of dietary supplements have little recourse: either keep quite about the health benefits of their products, or be subject to regulatory action. In this way, the FDA is playing terrorist to an entire industry of dietary supplements, which it currently holds hostage -- or for ransom, if you will.
Without question, the stark contrast inherent in this criminally dubious double-standard is only further accentuated in light of the recent New York appeals court decision. In his majority statement, Judge Chin went on to say, "The First Amendment directs us to be especially skeptical of regulations that seek to keep people in the dark for what the government perceives to be their own good."
Exactly. So what will it take to spark skepticism strong enough to lead the country out of this present darkness? So long as manufacturers of dietary supplements are unable to share the benefits of their products, at least as freely as big drug companies are allowed to spread their own claims, the government and the courts of this land have positioned themselves on the inevitably losing side in an ongoing battle between the oppressive forces of greed, and those among us seeking truth, freedom and health.
Sources for this article include:
• FDA drug safety bill passes in the U.S. Senate; health freedom advo...
• Sen. Harry Reid key player in Big Pharma's control over Washington
• Americans betrayed by Democratic senators with surprise amendment t...
• 2009 in review: A year of FDA censorship, Big Pharma crimes and cel...
• India's Waterways A Toxic Stew of Pharmaceutical Chemicals Dumped f...
• DEA to legalize marijuana chemical for Big Pharma but keep it a cri...
I just love it when Mike Adams tries to analize the law. He knows nothing about the law. He should stick to health matters where he does know something.
Capt. Dave, Look up the definition of "person" and you will find your answer.
Feel the logic of it all. "WHAT??!", you say. Keep this in mind. The past 9 presidential terms have had the White House occupied by a member of the freemasons, whose loyalties are to the 'Grand Patron' the queen of England during this time. The previous 'Grand Patron' was also a member of the English royal family. The criminal cabal controlling the White House since Reagan kowtowed to Bush just before announcing Bush41 as his vice-president during the 1979 Republican national convention. Just before Bush41 violated Federal Laws and sabotaged the Carter/Iran negotiations. To an enemy, such policies are totally logical.
Bush41, whose Skull and Bones designated name is Molloch(See Leviticus 20:1-20:8 for the significance), has been a member of that 300year + old organization since college, and has been utilizing his positions of power to commit acts contrary to the U.S. interests under cover of the CFRtv running propaganda with the British Rothschild bank owned Associated Press. Other Bush41criminal cabalists enjoy freemasonic extralegal protections.
Do not dismay, author. A great many people see the need to close these traitors down. They just cannot talk freely without losing employment and rank. I am ready before they are. Georgetown and the American Bar Association are associated with The English Lawyers' Guild, a private union of English attorneys loyal to The City of London to a fault. The California and Illinois legislatures have an inordinately high quotient of ABA rank and participation in their activity. California is known for weird laws. Illinois is famous for its organized crime. The roads lead back to British offshore accounts and legal insider trading in America by the queen of England(queen lizard) and Republican/Democrats as lizard wannabes.
Expect to get shit on until we clean these buggars out. Queen lizard of England wants it ALL. And her colonies are gone, and she is 10XGDP in debt. That leaves more backstabbing and pillage against the unwary American people through her proxies at the freemasonic guilds and the Skull and Bones BlackInvestment enterprises( such as the Corexit used to destroy the GoM fishery and chemtrails by Evergreen air to enable HAARP weather destruction of farmland for English carpet bagging. Our government sits back with its mewling for bribes and does nothing. Think of the ignoring of these attacks and Obamacare yielding 10 hours/week paycuts and resultant loss of health insurance for employees. I want to legally kick some asses.