Threats To Our Rights To Buy Health Supplements and Vitamins

Learn about how our rights to buy vitamins, herbs, and other products is being threatened  !     

    What  is passed on in Europe can affect the United States and the  whole world!   

    Article #1 Very Important To Read    

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ct@thenhf.com

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Letter Sent To Me That I am Sharing    Please ACT Now on the instructions!

Thanks for your interest in Codex.

  As the head of the only consistently pro-health freedom delegation going to the Codex meetings, I urge you to join us at the National Health Federation.  We need everyone's support and we are the only ones able to actually speak out against Codex restrictions from INSIDE the meetings.  Everyone else is yelling from the outside.

    Please visit our website (www.thenhf.com) and you can click on the Codex button to learn more.  Stay tuned to it, though, as we are always posting additional items on Codex and other developments.  We also just covered an important court case that the UK-based Alliance for Natural Health has brought before the European Court of Justice to contest the EU's Food Supplements Directive.  That hearing took place last week on the 25th of January and I was present.  The decision should come down sometime in June 2005, but we expect that the Advocate General's important and influential opinion should be handed down on April 5th.

    Thanks again for your interest.  Please join us!

    Yours for Health Freedom,

    Scott Tips

    General Counsel

    The National Health Federation

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

 EU Vitamin Directive Disastrous Unless Challenged,

   says US lawyer

US attorney, Ralph Fucetola, said recently that he considers

the EU legal challenge of the Supplements Directive the most

important health issue ever! Read what he has to say:

US Attorneys Urge Support For ANH Challenge

Released August 29, 2003, by US attorney Ralph Fucetola --

the "vitamin lawyer:"

The Vitamin Lawyer Reports - Pending Litigation on the

World Stage

During July, I met with several attorneys, publicists and

health freedom advocates in New York City to discuss the

current state of health care freedom in the United States

and other western countries. Together, these individuals

have had decades of experience representing major figures

in the field and supporting innovative changes to current

restrictions.

We discussed Pearson v Thompson, Durk Pearson and Sandy

Shaw's pending litigation regarding commercial speech issues

that lead attorney Jonathan Emord will be arguing in

November before the Federal Circuit Court of Appeals. This

is the same court that issued the leading decision in

Pearson v Shalala, in 2000, securing greater access to

truthful information about nutrients.

Several of us will be submitting Friends of the Court briefs

on behalf of health freedom groups. We expect this case to

further extend the Free Speech status of statements

regarding nutrients, in keeping with the landmark U.S.

Supreme Court case (from 2001) Thompson v Western States

Medical Centers, wherein Justice O'Connor, speaking for the

pro-Speech majority wrote, "If the First Amendment means

anything, it means that regulating speech must be a last -

not first - resort."

The participants also discussed the Alliance for Natural

Health and the lawsuit they seek to bring, regarding the

restrictive European Union Food Supplements Directive. We

concluded that this case was even more important in the long

run. As American health care law is "harmonized" with

Canadian, Australian, etc. law, the FSD will be the model

that international bureaucrats will seek to implement. WTO

rules appear to make this almost inevitable, despite some

weak statutory verbiage in the 1997 FDA modernization act

telling the agency that it may not "harmonize" American

health freedoms to restrictive rules elsewhere. I don't know

enough about the merits of the litigation to know its

chances, but do know the reputation of the attorneys

involved and must defer to their expertise; they are quite

convinced of its viability.

Those present therefore concluded that people around the

world, and especially American vitamin and complementary

health care companies (where about 2/3 of the world

expenditures on nutrients and alternatives occur) need to

politically and financially support the ANH litigation. This

is more important than opposing or supporting pending

legislation in the US (which don't have much chance of

passing now anyway), and of the same high priority as

supporting the Pearson case. Americans must raise, as an

important political issue, that the EU and other western

countries need to harmonize their out-of-date restrictive

policies with the expanding rights to truthful health

freedom information, nutrients and complementary therapies

that have benefited Americans since the adopting of the

Dietary Supplement Health and Education Act of 1994 (DSHEA)

and subsequent pro-Speech court decisions. The ANH can be

reached through http://www.alliance-natural-health.org.

Ralph Fucetola JD

www.vitaminlawyernews.com

The EU Vitamin Directive is fast encroaching upon the U.S.

Unless it is challenged and overturned in Australia, Britain

and Canada, it WILL take effect in the U.S.  Health food

stores are being told it's not really a threat, that their

concerns will be "taken care of."  If they believe this, one

look into Australia's Pan recall in April and the new

regulations in Canada will expose the truth.

In order to continue the legal fight against the EU Vitamin

Directive, the Alliance for Natural Health (ANH) desperately

needs your donations.

If the equivalent of another AUS$240,000 is not received

within the next 2 weeks, ANH lawyers tell us they will not

be able to allow us to proceed with the challenge. The

question they raise, quite rightly, is: is this industry

really interested in defending itself?

The Alliance for Natural Health (ANH)

http://www.alliance-natural-health.org/

is asking people in the U.S. to donate $16 RIGHT NOW to

insure that your rights and future choices are protected.

"ONLY with your donations will we be able to be successful

in what even top US attorneys are now saying is probably the

world's most important action to protect health freedom."

Read why US companies and consumers need to support the ANH

lawsuit NOW!

http://www.alliance-natural-health.org/docs/UScompaniesandtheEUDirectives.doc

                           Article  # 2                                                            

What Is Written In European Law About Food Supplements

Tjarko Holtjer, a Danish citizen, found this German document

regarding European Law on food supplements.  He translated

it into English so people could become aware of what is

really going on behind the scenes.  It shows that the EU

'harmonization' laws are protecting the Pharmaceutical

industries. These are the same laws the US has already

essentially agreed to.

This is a very rough computer translation.  It's difficult

to understand.  Since I don't know much German, I can't make

it any clearer, but you can get the idea:

Ad. 1 to writing of 9.2.2001 quotations from European Union

guidelines: (65/65/EWG); (87/19/EWG); 87/22/EWG)

Guideline of the advice of 26.1.1965 for the adjustment of

the on the right of and administrative writings of

Medicaments (65/65/EWG):

"All on the right of and administrative writings in the area

of the production and the selling of Medicine must primarily

serve the protection of the public health.

This goal must be achieved however with means, those

developments of the pharmaceutical industry and the trade

with pharmaceutical products within the community cannot be

restrained. The differences between some regulations of the

individual nations, in particular between the regulations of

medicaments with exception of such materials and material-

composition, which are food, feeds or bodycare, obstruct the

trade with Medicaments within the community and affect

themselves thus directly the reaching and functioning the

Common Market off.

Therefore these obstacles have to be eliminated; for this

purpose an adjustment of the relating legislation is

necessary. Guideline of the advice of 22.12.1986 on changing

the guideline 75/318/EWG for the adjustment of the on the

right of and administrative regulations of the member state

the analytic, toxicological-pharmakological and medical or

clinical regulations and proofs on attempts with medicaments

(87/19/EWG). The attempts with medicaments must regularly be

adapted to scientific and technical progress, to keep an

optimal general health protection in the community.

The guideline of the advice of 22.12.1986 for the adjustment

concerning of the measures of the individual nations the

circulation of technologically high-quality medicaments, in

particular from the biotechnology (87/22/EWG).

"Technological high-quality medicaments, which are the

result of a long and expensive research, will be further

only developed in Europe, if its favourable legal

prerequisites and in particular the same conditions for the

bringing the medicaments into circulation in the whole

community are equal."

Original in German is found here:

http://home.planet.nl/~holtj019/Images/zitate_eu.pdf

---------------------------------------------------------------

4. 18 Grand Needed in Next Two Weeks for ANH Lawsuit

John C. Hammell, President of the International Advocates

for Health Freedom writes that they desperately need 18

thousand dollars by October 15 to fight for health freedom.

In Europe, a drug is now defined as "anything that modifies,

corrects, or restores physiological function in the body."

This definition will become the global definition via

harmonization of the laws currently being forced by the

World Trade Organization unless everyone gets behind the

Alliance for Natural Health Lawsuit, which must be filed no

later than October 15th and for which donations are still

badly needed. http://www.alliance-natural-health.org

This is how 5 HTP (Hydroxy Tryptophan) was just banned in

Ireland (because it has a "medicinal" effect in the body).

Everything else is next unless you act now...

Anderson, the attorney who will handle this case is the best

in the EU. He pioneered the case law for overturning EU

Directives. We CAN WIN in court, but not unless we get

$18,000 in the next two weeks to be able to FILE.....

We've raised nearly $133,000 so far towards the Alliance for

Natural Health lawsuit to overturn the EU Food Supplement

Directive to which the world is scheduled to be harmonized

to unless its overturned in court.

We have just two weeks before this lawsuit must be filed,

and we need another $18,000 just to get the lawsuit filed.

We'll need a total of around $600,000 to see it through to

completion. Please donate via http://www.alliance-natural-

health.org

We must overturn the EU Food Supplements Directive to stop

the global falling of the dominoes: as goes the EU, so goes

Codex, as goes Codex, so goes the world.... (unless you act

NOW!)

If we DON'T raise a total of $150,000 in the next two weeks

you WILL lose your access to supplements -- not overnight,

but it will happen within a few years because this is our

LAST CHANCE to stop the falling of the dominoes.

The Cartel are not stupid. They're the world's most

profitable investment industry. They've designed a takeover

which is intentionally incremental, long and drawn out

because they don't want to trigger a public backlash.

-------------------- sidebar -----------------------

Editor's Note: Consider the the media and mainstream

medicine's attention to the generally trivial side affects

of natural health products while neglecting death and major

side effects from drugs, which are nearly all toxic.

Consider that given the escalating costs and the high

toxicity of drugs and the thousands of studies on the safety

and effectiveness of low cost food supplements like

vitamins, amino acids -- doctors and the FDA don't promote

these alternatives.

Consider that many FDA top guns used to work for drug

companies and still have connections to them.

Consider that many activist/health/environmental/industry

associations and groups, in whole or part, are funded by

corporations with vested interests as this is the most

effective and the best public relations tactic money can

buy.

Consider the rampant TV commercials promising to solve

your every worry and anxiety if you just "Ask your doctor

about Celebrex, Paxil, the Red Pill, the Purple Pill," and

all the other pills.

Consider that older men are convinced they can't have sex

any more without a pill (Viagra).

They want to create a world DEPENDENT upon medications.

A medicated population is easy to control... and it's also an

endless cash cow.  

It's a society where people are slaves of the pharmaceutical

industry and have no way out.  They are medicated from pre-

birth (medicated mothers), birth (toxic vaccinations), to

old age (Celebrex, Paxil, Viagra, more vaccinations, hormones

and medications for health conditions).

Is this a society we want to live in?

-------------------- End sidebar -----------------------

This is your last warning, your last chance.

In a nutshell, the FDA has set us up via the SPS (Sanitary

Phytosanitary Measures Agreement), a subsection of the GATT

Trade Agreement. The only legal means by which we can defend

our vitamin laws in the event of a trade dispute against us

is on a basis of SAFETY. We'd have no problem doing this if

a trade dispute against us were to be adjudicated in a US

Court using our rules of evidence. But it would not be

adjudicated in a US court, it would be adjudicated in a new

International Court, one that does NOT use our rules of

evidence -- one where no private citizen, no matter how well

qualified, is given standing to appear before the court

unless both parties in the conflict agree to allow it, which

to date has never happened.

For the most part, the only people with standing to

represent a country in the event of a trade dispute over

this Codex vitamin issue would be National Reps at Codex

meetings. In the case of the USA, that would be Dr. Beth

Yetley of the FDA, the same person who has set us up to lose

in a WTO Trade Dispute in the first place.

What Yetley and the FDA have been doing is generating FALSE

DEFINITIONS of supplement safety with help from the pharma-

dominated National Academy of Sciences in order to pull the

rug out from under us in the event of a trade dispute

against us, so we'll have no leg to stand on.

Please donate today via http://www.alliance-natural-health.org

John C. Hammell, President

International Advocates for Health Freedom

POB 10632

Blacksburg VA 24062 USA

800-333-2553 N.America, 540-961-0476 World

email: jham@iahf.com

                  Article # 3                    

Dietary Supplement Safety Act of 2003 Still a Threat

"Dietary Supplement Safety Act of 2003" (S.722) had been

introduced in the U.S. Senate. Despite its title, it would

allow no more consumer protection than current law - the

Dietary Supplement Health and Education Act (DSHEA) -

provides. It would, however, significantly undermine many of

the freedoms that American consumers of dietary supplements 

A new bill called

the"Dietary Supplement Safety Act of 2003" (S.722)

. Click here to view S.722:

http://www.nnfa.org/services/government/pdf/s722.pdf

If passed, this act will expand FDA authority, limit

freedoms, and allow the FDA to pull hundreds of products

from the market based on a single adverse effect report. The

bill may be voted on later this summer, or there may be

attempts to attach it to other bills and push it through the

back door.

It is still important to let your senators know that you

oppose SB722 and the curtailment of health freedom it

represents.

The best way for the largest amount of people to protest is

through a letter writing campaign. There is power in

numbers. Mountains of letters are hard to ignore. Mailing a

letter through the post office is the most effective, but

emailing is an alternative.

Find your senators' names and addresses by clicking on

http://www.senate.gov/

TO E-MAIL: For more info and an easy e-mail link to your

senator, click on www.citizens.org

 (Citizens for Health).

Here is a sample letter and instructions:

1. Handwrite and mail the letter below (attached) or

something similar to your senators. Handwriting is far more

effective than email or printed letters. You can find your

senators' addresses at www.senate.gov

2. While less effective, you may also want to send an email

message to your senators. An easy, automated way to do this

is through

http://website.citizens.org/showpage.cfm?pageid=10976.

3. Contact your friends, family and neighbors and urge them

to do the same.

Sample letter:

[your name and address]

Sun, 3 Aug 2003 18:56:57 -0700

[Senator's name and address]

Dear [Senator's name]:

As your constituent, I urge you to oppose any efforts by

your fellow Senators to pass S. 722, the so-called Dietary

Supplement "Safety" Act, recently introduced by Senator

Richard Durbin. I am deeply concerned that rather than

passing this new act-which would unnecessarily expand the

authority of the Food and Drug Administration-Congress

should instead investigate and oversee ways in which the

Food and Drug Administration can make full use of its

current and more-than-adequate authority as granted by the

Dietary Supplement Health and Education Act of 1994 (DSHEA).

I have read that the Durbin bill, despite its title, would

allow no more consumer protection than current law provides.

It does, however, contain new and discretionary enforcement

powers that would significantly undermine many of the

freedoms that American consumers of dietary supplements-like

myself-hold dear.

If adopted, this bill would subject nearly all vitamins,

minerals, herbal products and other supplements to a level

of scrutiny that is both unwarranted and unnecessary.

Products that have been used safely and beneficially for

hundreds or even thousands of years would be subject to

clinical evaluation using standards that are at the complete

discretion of the FDA.

I am concerned that this bill, by questioning the safety of

any dietary supplement that receives even one complaint,

will result in potentially hundreds of products being

removed from the marketplace. Under this new legislation,

the FDA has complete discretion to make this determination,

regardless of whether the product was used under conditions

cautioned against by the manufacturer on the label.

By almost every measure, and by a wide margin, dietary

supplements can be used more safely than conventional foods

and OTC drugs. Yet this legislation exempts foods in these

product categories from being classified as stimulants.

Specifically, the bill unfairly excludes the most common

"stimulant" ingredient in foods, caffeine.

I ask you to oppose this extreme and unnecessary legislation

and instead take the opportunity to encourage and support

the FDA in fully utilizing its enforcement powers as granted

by DSHEA.

I look forward to hearing your thoughts on this important matter!

Sincerely,

[your name]

===============

4. Oppose FDA Changes to Good Manufacturing Practices

The US Food and Drug Association has set August 11th as the

deadline for taking comments on Good Manufacturing

Practices.  The FDA is planning to change the Good

Manufacturing Practice Regulations later this summer, making

them highly unfavorable to the supplement industry.

The FDA also plans to create a site licensing weapon similar

to that used by the Australian TGA in April to ban over 1600

safe vitamin products.

If passed, attorney Jonathan Emord http://www.emord.com

intends to sue the FDA. He will seek an injunction to stop

the illegal laws by taking the case to Federal Court. Under

the terms of the current Dietary Supplement Health and

Education Act, the FDA is only allowed to come out with food

based GMP regs. The new regulations, however, will be much

more stringent than pharmaceutical GMPs in an effort to

drive all the small vitamin companies out of business under

an avalanche of totally unecessary red tape.

FDA's Proposed Rule for GMPs:

http://www.cfsan.fda.gov/~lrd/fr030313.html

John Hammell is asking people to please send the FDA an

email telling them that you agree with the comments of

attorney Jonathan Emord (below). Emord has a great track

record of suing the FDA, and he's natural health's best

legal advocate.

Here's the email address for the FDA: fdadockets@oc.fda.gov

The actual document is very long -- too long to print in

this newsletter. So I have placed it on an autoresponder

and listed only the main points below.

To get a copy of the entire document,

Simply copy the email address Below into the

 "TO:" line of a blank email and send it to:

CommentsDocNo96-0417@proreply.com

You'll get the entire document in your email in just a few

minutes. Your email address is completely safe and will

never be used in any other way than sending you this

document.

Here are the main points of Jonathan Emord's document:

A. THE DIETARY SUPPLEMENT MARKET IS FAR SAFER

THAN THE FOOD AND DRUG MARKETS

B. BRAND NAME RECOGNITION, PRIVATE

CERTIFICATION, AND PRODUCTS LIABILITY ALREADY

PROVIDE ADEQUATE SAFETY AND QUALITY ASSURANCE

IN THE DIETARY SUPPLEMENT MARKET

C. THE PROPOSED CGMPs ARE A DISPROPOTIONATE

RESPONSE TO A MARKET IN WHICH SAFETY IS THE

NORM AND HARM OCCURS IN VERY RARE, ISOLATED,

READILY IDENTIFIABLE INSTANCES

D. EXISTING FDA ADULTERATION AND MISBRANDING

REGULATION AND STATE AND LOCAL HEALTH

REGULATIONS PROVIDE NECESSARY AND SUFFICIENT

PROTECTION TO THE PUBLIC

E.THE PROPOSED CGMPs WILL BE BENEFICIAL TO

LARGE SUPPLEMENT COMPANIES AND HARM SMALL

ONES BY SUBSTANTIALLY INCREASING OVERHEAD

COSTS

F. THE PROPOSED CGMPs WILL INCREASE THE COST

OF DIETARY SUPPLEMENTS WITHOUT INCREASING

THEIR RELATIVE SAFETY AND QUALITY

G. THE ONE-SIZE-FITS-ALL APPROACH OF THE

PROPOSED CGMP LACKS SCIENTIFIC AND ECONOMIC

MERIT

THE PROPOSED CGMPs SUFFER FROM FATAL

AMBIGUITIES THAT PROVIDE INADEQUATE GUIDANCE

TO AGENCY INSPECTORS AND INVITE ARBITRARY AND

CAPRICIOUS ENFORCEMENT

THE AGENCY LACKS RESOURCES TO ENFORCE THE

PROPOSED CGMPs ADEQUATELY

THE PROPOSED CGMPs WILL NOT ALTER THE

PRACTICES OF THOSE FEW WHO CURRENTLY VIOLATE

THE LAW BY PRODUCING ADULTERATED AND

MISBRANDED PRODUCTS

THE DSHEA CREATES A PRESUMPTION IN FAVOR OF

SAFETY AND PRECLUDES ADOPTION OF PROCEDURES

REQUIRING MANUFACTURERS TO PROVE SAFETY IN

THE ABSENCE OF EVIDENCE OF HARM

http://www.emord.com/proposed.htm

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