by Mike Adams
the Health Ranger
June 04, 2010
Health freedom has just been handed a significant victory by the
United States District Court for the District of Columbia, which
ruled last week that the U.S. Food and Drug Administration (FDA)
violated the First Amendment rights of a nutritional supplement
company when it censored truthful, scientifically-backed claims
about how selenium can help reduce the risk of cancer.
See the ANH announcement at:
Essentially, the FDA applied its doctrine of censorship to these
selenium supplements in the same way it oppresses truthful and
scientifically-supported health claims across all dietary
The purpose of the FDA's censorship of truthful
information about the health benefits of dietary supplements, as NaturalNews readers already know, is to keep the American people
nutritionally illiterate and protect the profits of the
In this court case, ALLIANCE FOR NATURAL HEALTH, et al. vs.
KATHLEEN SEBELIUS, et al., the judge ruled that the FDA violated the
First Amendment rights of the plaintiffs by restricting their free
speech about the anti-cancer benefits of their selenium supplements.
As explained by health freedom attorney Jonathan Emord who argued
the case before the Court:
"The decision... reaffirms that FDA is subject to the strictures of
the First Amendment in its evaluation of health claims and it faults
FDA for failing to follow that standard, holding its suppression of
the selenium-cancer risk reduction claims unconstitutional."
Emord goes onto explain:
"The Court concludes that the FDA... has not provided any empirical
evidence, such as 'studies' or 'anecdotal evidence,' that consumers
would be misled by... plaintiffs' claims were they accompanied by
qualifications. Moreover, the explanation the FDA offers to
demonstrate that plaintiffs' claims are misleading – that the claims
leave out pertinent information – is not support for banning the
Attorney Jonathan Emord from Emord & Associates is widely regarded
as one of the most successful and influential attorneys battling the
FDA over free speech and health freedoms.
View video-interview with Jonathan Emord below:
Emord is also the author of a hugely important book that I strongly
recommend. It's called
Global Censorship of Health Information.
What it means for health freedom
The upshot of this decision is that the FDA has just been handed a
significant defeat that will set a precedent for other dietary
supplement companies to make their own truthful,
scientifically-supported health claims.
The FDA, of course, recognizes no law other than its own, so it will
likely continue to try to terrorize nutritional supplement companies
with its usual threats of imprisonment of company founders and
seizure of products unless companies voluntarily agree to comply
with the FDA's censorship schemes.
However, this court decision may
finally turn the tide against the FDA's campaign of ignorance that
has, for decades, sought to keep the American people nutritionally
illiterate while suppressing the dietary supplements industry.
Btu achieving a lasting victory over the FDA will require
nutritional supplement companies to stop being intimidated by the
FDA and start making truthful, scientifically-supported claims -
and then stand behind those claims with a commitment to sue the FDA
if they are threatened with censorship. Until now, most nutritional
supplement and vitamin companies have been so intimidated by the FDA
that they dared not challenge the FDA's authority - even when they
knew the FDA was flat-out wrong!
The FDA, you see, can always threaten a company using
"terrorism-style" tactics such as sending threatening letters that
promise to arrest the owners, imprison them, destroy their business,
seize their customer records, confiscate their inventory, etc.
These tactics have all been used by the
FDA to threaten health product companies operating in the United
States. See how
the FDA runs its own criminal extortion racket.
how the FDA kidnaps people from other countries in order
to incarcerate them for their non-crimes in the USA.
These Gestapo-style FDA tactics have been frighteningly effective,
given that most U.S. companies don't have the financial resources to
engage in a lengthy legal battle with the FDA in order to stand up
for their First Amendment rights.
That's why this victory by the
Alliance for Natural Health is so important: It provides a legal
wedge by which other companies can now begin to stand up for their
own First Amendment rights, too.
This could be the beginning of the end of FDA censorship of
truthful, scientifically-supported health claims.
What we want - Free Speech, not fraudulent speech
As the editor of NaturalNews, I want to be perfectly clear what we
stand for here.
I do not support a Wild West approach to free speech
about supplements where any company can claim anything they want
whether it's true or not. That can get entirely out of hand, and it
would only encourage the kind of marketing fraud we now see rampant
in the pharmaceutical industry.
What I support is truthful health claims that can be backed by a
minimum of three articles published in peer-reviewed science
journals. This threshold of scientifically credibility is high
enough to avoid outright fraudulent quack claims while still
allowing truthful claims to be reasonably met through scientific
inquiry. If such a rule were adopted, it would open the industry to
making a wealth of truthful claims about the beneficial effects of
foods, herbs and supplements.
The FDA's current oppression of health claims about cherries and
walnuts, for example, would cease.
Both the FDA
FTC have been
attempting to suppress the truth about
cherries for many years, intimidating cherry product
companies with all sorts of threats to try to force them to remove
any links to scientific information about the health benefits of
The federal government has also
declared war on truthful speech
about the health benefits of walnuts.
Why Free Speech can save America from sick-care bankruptcy
Most U.S. consumers have no idea that the FDA is operating as a
rogue agency, attempting to destroy nutritional knowledge and
intentionally keep consumers in the dark about the health benefits
of natural products.
Given that our nation's sick-care system is driving us all into
bankruptcy, it would seem more important than ever to allow
consumers to learn how to prevent disease and improve their own
health through safe, natural and low-cost therapies involving
healing foods and nutritional supplements.
In fact, I would argue that any nation that expects to have a viable
economic future MUST protect free speech for its health products
If Big Pharma and the disease industry
is allowed to monopolize all health knowledge while oppressing
truthful health claims on competing products, it will only drive
that nation into medical bankruptcy. Coincidentally, that is exactly
where America is today: Living under an oppressive, monopolized
sick-care system that attempts to criminalize truthful speech about
the health benefits of natural products.
And yet natural products are the solution to America's health care
problems! Read my special report: Nutrition Can Save America! right
here (it's free):
There's no question about it: America will be happier, healthier,
stronger and more financially solvent if we end FDA censorship and
take steps to protect the First Amendment rights of nutritional
NaturalNews will continue to work alongside the
Alliance for Natural
Health to help make this dream a reality.
The European branch of this organization is found at
Please consider supporting the ANH. It is, in my opinion, one of the
most important and effective health freedom organizations on the
They are doing fantastic work and they need your financial
support to continue fighting (and winning!) these battles against
FDA ignorance, tyranny, censorship and oppression.