The Durk Pearson & Sandy Shaw®
Life Extension NewsTM
Volume 13 No.
3 • June 2010
I regret to say that we of the FBI are powerless to act in cases of oral-genital intimacy, unless it has in some way obstructed interstate commerce.
— J. Edgar Hoover
Good News! We Win Yet Another First Amendment Suit Against the FDA!!
Free Speech Lives!!!
As the FDA continues its longstanding efforts to censor truthful information (“claims”) on the labels or in ads for dietary supplements and foods in violation of the First Amendment to the U.S. Constitution, we became plaintiffs in another lawsuit against the FDA (Alliance for Natural Health US et al v. Kathleen Sebelius et al, Civil Action No. 09-01470 (ESH)). In this case, the FDA had refused to permit truthful health claims that selenium may reduce the risk of cancers, that selenium may produce anticarcinogenic effects in the body, that selenium may reduce the risk of prostate cancer and a variety of other cancers (lung and respiratory tract, colon and digestive tract, thyroid, brain, liver, and breast). The United States District Court for the District of Columbia found on May 27, 2010 that the FDA IS subject to the strictures of the First Amendment and has failed to follow that standard, holding its suppression of the ten selenium-cancer risk reduction claims unconstitutional. Pearson v. Shalala (U.S. Circuit Court of Appeals for the District of Columbia, 164 F.3d 650, 652) 1999, continues to dog the FDA, costing them heavily in legal expenses and curtailing their illegitimate use of censorship to prevent communication of truthful information by dietary supplement and food manufacturers and vendors. To see the entire court decision, go to www.emord.com.
We believe that an important factor in helping win this case was including an argument we proposed that PROVED that the FDA had lied (we made sure the word “lie” was used) to the Court; the FDA claimed that it could not draw scientific conclusions from the many in vitro and animal studies we included in our petition for health claims on the effects of selenium in various cancers, while in fact the FDA REQUIRES in vitro and animal studies prior to permitting human studies in the drug approval process. While in vitro and animal studies do not prove that a particular treatment will work in humans, it can suggest that it MAY work in humans. Hence, scientific conclusions can be and are drawn by the FDA on in vitro and animal studies.
Judges do not like to be lied to.