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Updated: 10/22/2005
CODEX HARMONIZATION IN US VIA CDSL
For those willing to pay, there is information about you for sale. Your name, current address, previous address, phone number, mother's maiden name, birthdate and other personal information is available for a fee. It seems that this is just the kind of information a person fraudulently obtaining a credit card might need. There have been cases of people having their identities stolen, big bills run up in their name and their credit history and reputation in shambles. This also includes forged checks and other criminal activity in YOUR name.
Since this became wide known on the web, the company supplying this information has been inundated with telephone calls and you must now make your requests in writing.
There are many other companies besides Lexis-Nexis providing personal information about you for a price. Many are providing much more sensitive information than the P-Trax Database. They have assured me that they only provide general information such as Name, Address, Phone Number, one or two previous addresses, Birth Month and Year, and have removed Social Security Numbers shortly after the product was released. Use your own personal judgement whether to have them remove your name from their database. You may also want to find out what other infomation about you is for sale and how it can impact you if it fell into the wrong hands.
The following posting was forwarded to me via email and gives some information on how to protect yourself from this wholesale assault of your privacy:
Forwarded message:
Subj: Your Personal Info for sale
Date: 96-09-12 09:33:08 EDT
From: AbelSP,hbrant@indyvax.iupui.edu
Please read and react!!!!!
The following message was sent to me this morning by a law school classmate of mine. I am forwarding it because I thought many of you would find it of interest. I had my name removed from the list this morning as soon as I read it.
______________
Your name, social security number, current address, previous addresses,
mother's maiden name, birth date and other personal information are now
available to anyone with a credit card through a new Lexis database called
P-Trax. As I am sure you are aware, this information could be used to
commit credit card fraud or otherwise allow someone else to use your identity.
You can have your name and information removed from this list by making a telephone request. Call (800)543-6862, select option 4 and then option 3 ("all other questions") and tell the representative answering that you wish to remove your name from the P-trax database (this will not work anymore - you must submit your request in writing). You may also send a fax to (513) 865-1930, email - p-trak@prod.lexis-nexis.com or physical mail to LEXIS-NEXIS / P.O. Box 933 / Dayton, Ohio 45401-0933. (They need your name and address). Sending physical mail to confirm your name has been removed is always a good idea.
As word of the existence of this database has spread on the net, Lexis-Nexis has been inundated with calls, and has set up a special set of operators to handle the volume. In addition, Andrew Bleh (rhymes with "Play") is a manager responsible for this product, and is the person to whom complaints about the service could be directed. He can be reached at the above 800 number. Ask for extension 3385. According to Lexis, the manager responsible is Bill Fister at extension 1364 I called this morning and had my name removed. The representative will need your name and social security number to remove you from the list. I suggest that we inundate these people with requests to remove our info from the list and forward this e-mail to everyone we know. ----
Have a nice day -- and we'll be checking to make sure you do!
The Access to Medical Treatment Act - S.1035 is scheduled to be brought up for a vote in the next couple of weeks. This bill will allow a health practitioner to use whatever treatment the patient requests as long as the patient is fully informed about the procedure. This would give patients more choices for their health care and would make it more difficult for the FDA and other agencies to harass and prosecute practitioners using alternative forms of treatment. There have been several recent cases where the FDA has kept cancer patients of Dr. Burzynski from receiving treatments that were helping them. These patients (including a 7 year old boy) were being forced to resume treatments that had such severe side effects that were literally killing them. There is a lot of pressure from special interest groups that would like to see this bill fail to become law for mostly financial reasons. It is important to let your representatives (both in the House of Representatives and Senate) know that you want to have this bill passed. Also contact Senators Nancy Kassebaum and Edward Kennedy. Here is a copy of S.1035.
The establishment of The Office of Alternative Medicine (OAM) was a hard fought victory for the American people. It's mission is to evaluate the effectiveness of alternative therapies and be a clearinghouse for information. It is now in danger of being given less influence in National Institute of Health (NIH) policy making decisions. Click HERE for more information.
There is some potential good news concerning the original article. There was so much uproar by concerned citizens and groups that there were some concessions regarding the reorganization. OAM Director Wayne Jonas, MD will still have direct access to the NIH Director and will still be able to participate in the high level meetings with the other departments. We will have to wait and see how this ultimately turns out. RETURN TO TOP
(The following is by Ken Anderson, 1496 Pritchard Rd, Evans, Washington 99126, and is copied from America's Promise Ministries newsletter, PO Box 157, Sandpoint, Idaho 83864)
CODEX COMMISSION - Under the United Nations, through the GATT Treaty, much of our God given inalienable rights and sovereignty was taken away. The Federal Drug Administration (FDA) was and still is bad, but the United Nations, Codex Commission is worse!
MORE LOSS OF HEALTH FREEDOMS!
This time, we are not just talking about the American Medical Association (AMA) or FDA, but we are referring to the United Nations/World Health Organization's Codex Alimentarius Commission. Almost entirely unnoticed and unreported by magazines and organizations that are interested in health freedom, the little known Codex Alimentarius Commission in Rome is studying a proposal from the German government that could radically change the availability of dietary supplements to consumers around the world. Consumers of dietary supplements now face an ominous new threat that is invisible to most people.
The United Nations' Codex Commission is the result of our mindless congress who thought the GATT Treaty would foster international trade.
Under GATT, the nations of the world can and are being penalized heavily by the World Trade Organization if they oppose the decisions of Codex (which are influenced heavily by the large drug cartels and multinational corporations).
Under GATT, member nations (such as the United States) must "harmonize" their rules governing the manufacture of health products with new international standards so as to be "in line" with them.
A MATTER OF "CHOICE"
Each nation can either accept the dictates of the Codex Alimentarius Committee on Nutrition and Foods for Special Dietary Uses regarding labeling and manufacture of dietary supplements, or it can create its own standards - provided they conform to GATT's standards on cost/benefit analysis and on creating and reviewing scientific data for risk assessment. This could be the greatest threat to health freedom in the world today!
HOW THE CODEX COMMISSION WORKS
At their last meeting, the Codex Commission's Committee on Nutrition and Foods for Special Dietary Uses was comprised of 18 delegates, representing either countries or international organizations. The Commission meets every two years. Any delegate can propose a change in Codex standards. That proposal then runs through a review period, in which every delegate submits formal comments in response to the new proposal with votes occurring at various stages in the process. If the proposal goes through this process unscathed, it becomes part of the official Codex Alimentarius.
THE GERMAN PROPOSAL FOR CODEX
The problem is that the German delegation has proposed radical changes in the rules governing dietary supplements which, if passed and implemented, would require a doctor's prescription for the vast majority of dietary supplements now available in this country. Called "Proposed Draft Guidelines for Dietary Supplements," The German plan calls for the following:
WHAT CAN WE DO ABOUT THIS?
Clearly, we cannot expect much help from Congress because Congress has already given away much of its legal power to deal with the issue. Instead of a legislative body that was voted into power (and can be voted out of power), we now have a situation where the single U.S. delegate to this international commission can be outvoted by delegates from other countries.
WHO ARE THE CODEX DELEGATES?
Foundation attorney Suzanne Harris has reviewed a partial list of international organizations "allowed" to send delegates to the Codex Committee, and found that more than 90% of them are organizations that represent giant multinational pharmaceutical corporations! The only "consumer" organization she saw listed is the International Organization of Consumers Unions," which means that right now the general public here has zero representatives on this critically important committee!
Thus far, the sole U.S. delegate to Codex has been Elizabeth A. Yetley, Ph.D., R.D., of the FDA. Ironically, she has actually been on our side (because of political pressure in the U.S.), but it hasn't done much good. The vote went 16-2 against health freedom and in favor of the draconian German proposal!
Very little is being said about Codex's control over the FDA. I wonder why? Sometime in 1996, another meeting of the Codex Committee will take place in Bonn, Germany. The United States will be allowed to send up to 30 delegates to that meeting. ...
In Norway, 50% of all health food stores and supplement manufacturers are out of business. No amino acids, minerals, or even trace minerals! In 1992, the Norwegian FDA redefined Vitamin C powder and Vitamin E powder as "drugs." It was the multinational pharmaceutical companies which were behind the effort to outlaw the Vitamin C and E in powder form. Ron Birckhead of Bergen, Norway, states that you need to fight the international drug cartel or it will turn America into another version of Norway, where many vitamins are sold as "prescription drugs" at grossly inflated prices. In France, people have been indicted for selling Vitamin C. The Jamaica government is heavily cracking down on vitamins, minerals, trace minerals and herbs.
Under GATT, all members, including the United States and most of Europe, must avoid creating trade barriers that impede the flow of food stuffs and other food products in international trade. This one world government control program under the United Nations, through Codex Alimentarius, sets the standards for supplements, food quality, food labeling, and food content and even food manufacturing standards. If any nation or even the FDA, attempts to go around, they will be sanctioned (fined) by the World Trade Organization.
There is very little we can do about this. We have effectively given away most of our sovereignty as a nation in this issue. Congress no longer has the last word here. Instead of a legislative body writing and reviewing the legislation that matters, these vital decisions will all be made by an international commission. The membership of this international commission consists of country delegations which, as a practical matter, means that the entire United States is being represented by a single delegation from the FDA and a few pre-approved delegates from international organizations.
Even the FDA has relatively little say on certain key aspects of this process. For example, the United States delegation was the only nation-state delegation that opposed the idea of setting up new dietary supplement standards within the Codex. We were outvoted so the process of beginning to rewrite the Codex on dietary supplements has started over our protest. I doubt that writing Congress will do much good at this point. It is doubtful too that writing the FDA will help much although writing to the FDA is a good place to start doing the things that we have to do in order to try to defeat this project. ...
I would encourage you to write or fax:
Dr. Robert Moore
Office of Special Nutritionals, HPS-356
200 C Street SW
Washington, DC 20204
Fax: (202) 205-5295.
Tell Dr. Moore that you are opposed to making Codex standards for dietary supplements binding, setting international standards for dietary supplements binding, and setting international potency/dose limitations on dietary supplements. Also tell him that you are opposed to classifying dietary supplements for prophylactic/ preventive use as drugs and any rule or regulation that would result in automatically classifying new dietary supplements as drugs.
A wonderful fighter who has brought all this to our attention is Suzanne Harris of the Law Loft. She needs our (your) help. Dr. Donsbach stated that "never before have we seen such a scheme on such a grand scale!"
FOR MORE INFORMATION
Order from:
God's Plan For Good Health
1496 Pritchard Road
Evans, Washington 99126
Information is from: Health Keepers Journal, The Law Loft (Suzanne Harris), Life Extension Foundation, and the International Association of Cancer Victors and Friends.
Ron Birckhead is an American vitamin distributor living in Bergen, Norway. He and I have joined forces across the internet to form the International Health Alliance to defend consumers of dietary supplements from a largely covert threat to health freedom which looms large in the form of an fast approaching meeting in October, in Bonn Germany.
We are conducting our work under the auspices of the non profit, educational, Life Extension Foundation of Hollywood, Florida where I am the political coordinator.
In a nutshell, the German delegate to a joint UN/WHO commission called the Codex Alimentarius Commission has made the draconian proposal that consumer access to dietary supplements be limited to the RDA dosage as a maximum limit for vitamins (C 60mg, E 15 mg, etc). Supplements that don't have an RDA (such as coenzyme Q-10, trace minerals and amino acids would be illegal to sell as foods. They would all become drugs.
In October, the World Trade Organization will be voting on whether or not to adopt this harsh German proposal.
This would create an intolerable regulatory climate very similar to that existing in Norway where the health food industry is in the process of being literally taken over by the drug companies. In Norway, vitamin C above 200 mg is illegal. The Norwegian FDA attempted to incarcerate Ron Birckhead for importing vitamin C and vitamin E powder (he fought back furiously and won, but his battle there is ongoing!)
Very few herbal products remain on the shelves of the few remaining health food stores in Norway.
You can't get vitamin E above 45 IU, more than 2.4 mg of Vitamin B-1, or more than the infinitesimal 4.2 mg of B-6 in Norway. The New World Order wants to reduce supplement availability world wide in this same fashion, using the World Trade Organization as a weapon, to impose trade sanctions on any nation that does not get into line.
In Norway, Shering-Plough, the pharmaceutical giant, now controls an Echinacea tincture which is being sold there as an OTC drug, at grossly inflated prices. The same is true of Ginkgo- Biloba. Although both of these herbs are among the few that are still available in Norwegian health food stores, they are unallowed to make health claims- those can only be made by the OTC drug versions which are only available in tightly government controlled pharmacies.
The point to understand here is that in Norway, only one government controlled pharmacy has the right to import supplements as MEDICINES which they can sell to health food stores, convenience stores, or pharmacies. Understand that these products are 1) defined as drugs, 2) only products which are guaranteed not to vary from batch to batch in potency (read pharmaceutical extracts, NOT herbs themselves) are allowed to be sold, 3) to get the license to import and distribute that single company had to comply with a raft of regulations inconsistent with the natural foods movement, and to boot had to employ someone who has worked for the Norwegian FDA.
In the late 80's when Ron first moved to Norway, you could buy any dietary supplement that was then available in the US. No more. Many dietary supplement companies got greedy, and sold out in anticipation of making vast profits if their supplements could become drugs.
We have evidence of this beginning to occur here in the United States as the top tier of the supplement industry has become the lower tier of the pharmaceutical industry, and we are working overtime to document these facts. Witness Dr. Steven De Felice's so called "Nutraceutical Initiative." De Felice has been holding a series of black tie events in Washington DC, and it appears that his proposal for exclusive rights to sell l-carnitine and other nutrients will usurp our health freedom.
DeFelice showed his true colors on August 29th, 1990 at the Masur auditorium of National Institutes of Health when C.Kenneth Mehrling, Director of Marketing and Sales of Sigma Tau Pharmaceuticals strongly advocated the removal of the amino acid l- carnitine from the health food stores, recommending that Sigma Tau's "Carnitor" be the ONLY l-carnitine product available to the public, and only be prescription.
Dr. DeFelice holds the patent on Carnitor, and would still like exclusivity rights to sell l-carnitine. If his so called "nutraceutical initiative" succeeds, it will be to the detriment of the consumer who will be forced to pay much higher prices for a drug product that they'd have to get a prescription for through a physician.
On p. 170 of the transcript of the FDA's public hearing on dietary supplements held on August 29th, 1990, Mehrling stated: "The availability of nutritional food supplement l-carnitine since late 1983 has effectively prevented our company from realizing the market exclusivity afforded by the Orphan Drug Act to Carnitor. Additionally, we feel that consumers cannot safely use l-carnitine based on the labeled use l-carnitine content of the drug product, and levocarnitine's use in the treatment of patients with inborn errors of metabolism and other causes of carnitine deficiency require continuous professional intervention to establish individual treatment regimens, which can include dosages that vary by several fold in the same patient. The current lack of regulation cannot insure a consistent level of bioavailable l-carnitine in nutritional food supplements or prevent their use in the outside regulation treatment of these inborn errors of metabolism patients."
This is purely self serving propaganda, of course. While some l-carnitine products available in health food stores may have been of questionable quality in 1990, this certainly can't be said of ALL l-carnitine, or all other amino acids for that matter. Prolongevity is just one reputable supplement company that manufactures high quality l-carnitine. Prolongevity's l-carnitine costs $14.63 for 30 capsules at 600 mg, while Carnitor costs $60.89 for 60 330 mg tablets. Prolongevity's price is substantially cheaper per milligram with no difference in quality.
On May 9th, 1996, DeFelice urged that the Dietary Supplement Health and Education Act be amended in order to allow exclusive medical claims to be made on new products in order to provide an incentive for research. He criticizes DSHEA as "not driving research because its too vague." If De Felice is able to amend DSHEA the way he wants to, consumers will have to pay far more for products, and many would not be available without a prescription.
Richard Wurtman of MIT is another adversary. He appears to want to control melatonin and has use patents on the whole serotonin pathway. He has gone on TV numerous times to condemn the sale of melatonin through health food stores, claiming "safety" concerns despite the fact that no one has ever been injured. On September 25, 1995, Wurtman appeared on the NBC Nightly News alleging that melatonin has "dangerous side effects" and stated: "I'm really scared that someone's going to take chronic doses of melatonin in high doses for a long time, and have all kinds of disturbances in their other biologic rhythms, maybe crash into a telephone pole. (NBC did not disclose Wurtman's conflict of interest by failing to discuss his ties with Interneuron Pharmaceutical Co. which hopes to control the rights to melatonin.)
Wurtman's concerns about safety are groundless. Life Extension Foundation has been selling it to thousands of people for the past 3 years with only a few minor complaints. Researchers have given people up to 6,000 mg/day- 600-3,000 times the usual doses with no toxicity. Despite the recent surge in its use, the FDA has received only 4 complaints about melatonin. Two people said it disrupted their sleep patterns, one complained about genital pain, and a forth reported feeling nauseated. FDA spokesman Brad Stone stated: "We can't substantiate that melatonin was in part or largely responsible for these problems." (Newsweek, November 6, 1995 "Melatonin Mania.")
Wurtman appears to want to sweep all amino acids off the shelves of our health food stores along with melatonin, and constantly harps on the contaminated l-tryptophan from the late 80's that was manufactured by Showa Denko pharmaceutical company in Japan as "proof" that the supplement industry can't be trusted. On September 28, 1995, Wurtman appeared on the NBC Nightly News (which made no mention of his conflict of interest, saying nothing about his affiliation with Interneuron Pharmaceuticals, Inc.) Wurtman direly alleged that the hormone melatonin has "dangerous side effects" and stated: "I'm really scared that someone's going to take chronic doses of melatonin in high doses for a long time, and have all kinds of disturbances in their biologic rhythms, maybe drive into a telephone pole."
The fact remains that Showa Denko was just one of several manufacturers of l-tryptophan (all were in Japan), and the others DID follow good manufacturing practices, which are now mandated by law. The fact also remains that even in countries where l- tryptophan is regulated as a drug, such as Germany, people still received the contaminated tryptophan, so Wurtman is incorrect in stating that regulation will always prevent the public from being exposed to contaminated products. In any case, Wurtman and DeFelice can no longer use the argument that the dietary supplement industry has no quality control because on October 8th, 1994, the Dietary Supplement Health and Education Act passed requiring that manufacturers conform to stringent quality control requirements known as Good Manufacturing Practices.
Unless consumers of dietary supplements world wide unite, it is not likely that health freedom will survive over the course of the next 5 years as the multinational corporations and drug companies which dominate the Codex Commission have devised a scheme through the GATT treaty to make an end run around US Sovereignty in a determined effort to consolidate their power.
Thus far, voting within the Codex Commission's Committee on Nutrition and Foods for Special Dietary Use have gone 16-2, and 10- 1 in favor of the draconian German proposal, with only the US, and the UK taking a stand against it. (The US and the UK are the worlds two largest manufacturers of dietary supplements.)
On April 29th, Reuters news service published an article titled "U.S. Disappointed in Appeal of WTO Gasoline Ruling." In this ruling, the United States is being FORCED by the WTO to make changes in our Clean Air Act because an appellate body of the WTO in Geneva found that U.S. clean air gasoline rules discriminate against imports from Venezuela and Brazil.
This is the first time the WTO has imposed a ruling on the United States on the now powerless group called Congress, and vitamin consumers had BETTER TAKE NOTE, because if the WTO can force us to scuttle our Clean Air Act, they can force us to accept a WTO ruling on dietary supplements EVEN IF IT CONTRADICTS US LAW!
The American public incorrectly believes that Congress can protect us against the WTO! In this case, the WTO's three judge appeals panel composed of officials from the Philippines, Japan, and New Zealand upheld the overall ruling that the regulations were "a disguised restriction on international trade" because they set different rules for foreign producers than for domestic refiners.
In October, in Bonn, unless people all over the world unite in an effort to monkeywrench the "drug cartel's" plans, health freedom will be steamrolled because tiny little WTO member nations such as Togo, in West Africa, have as much voting power on this matter as the United States, and companies like Shering-Plough are making a concerted effort to swing their delegates in favor of the German proposal.
Quite simply, unless we are able to swing enough delegates against the German proposal through a laser like campaign, the US and UK will be overwhelmingly outvoted by the other 124 WTO member nations.
On the 15th of April, the National Institutes of Health issued a press release which seems intent on directing the public to avoid dietary supplements and to think in terms of a maximum dosage limit for Vitamin C, and by implication other nutrients.
Although it has been widely refuted, they once again dragged out the long discredited assertion that vitamin C causes kidney stones. This fallacious assertion and propaganda of the pharmaceutical industry was first splashed through the media prior to the passage of the Proxmire legislation which protected consumer access to dietary supplements in the 1970s.
On May 22, Ron emailed a message from Norway saying that he was just informed by a second company which imports and distributes supplements that they have received a license to distribute and import natural medicines into Norway. Again, this system will be the model first in other Scandinavian countries, then in the European Union and later it is intended for the rest of the world via Codex and the GATT/WTO agreement.
To obtain the license to sell the most effective herbs (Ginkgo, Valeria, Goldenseal, etc) and other products defined in Norway as medicines (as it is in the German Codex proposal) each company has to employ a pharmacist who has worked in the pharmaceutical industry for at least two years.
There is now a third health food supplement company applying for a license and hiring a pharmacist that Ron knows of and it is expected that all health food supplement distributors and import companies will be hiring pharmacists or else be expected to be eliminated from the marketplace quickly. Only a few of the biggest in the small country of Norway (population 4 million) can afford to hire a pharmacist. Now the stampede is on.
Ron and I are working closely with Suzanne Harris, JD of the Law Loft of Arcadia, CA to formulate an international counterattack against the drug cartel. Our articles (available through our website or via 800-841-LIFE) have been translated into German, French, and several other foreign languages as we unite with others across the internet to warn the world.
We are badly in need of donations to assist in conducting a think tank on this complex issue. Eventually we will have enough of a plan to conduct a targeted domestic Congressional campaign here in the United States, but we will not publicly reveal some aspects of our strategy- at least not yet.
For the time being, we badly need your donations to help with transatlantic and transcontinental phone bills and to fund Suzanne's legal efforts. Suzanne is a seasoned Think Tank veteran who is an expert on the GATT treaty and has been actively studying the Codex threat to health freedom, while Ron and I are dedicated activists who have numerous international connections in the health freedom movement. We need all of you to help. I am going on talk radio nation wide and am always looking for shows appear on, and also need help in Usenet on the internet.
My email address is jhammell@ix.netcom.com. The LEF url is http://www.lef.org/lef/index.html. There you will find more details. You may also call our main office at 800-841-LIFE to request copies of our February and April magazines with articles by Ron and I about this international threat to health freedom.
We need all of your assistance, especially if you can donate funds for a think tank, or are on the internet. If you wish to donate to our cause, please make your most generous tax deductible check out to: Life Extension Foundation, and send it to: LEF Political Office, 1534 Polk St., Hollywood, FL 33020. Please relay this article far and wide! Please alert your friends to this largely covert international threat to health freedom!
In past issues (February and April) we warned readers about the Codex International Threat to Health Freedom in which a German proposal that will be voted in by WTO member nations in October threatens public access to dietary supplements above RDA levels. This would severely hamper public access to high potency vitamins, and any supplement which doesn't have an RDA (amino acids, herbs, minerals, trace elements.) This has already happened in Norway, and is happening elsewhere in Europe.
Some in the health movement have stated that Codex is not cause for alarm, that "no provisions in GATT would make Codex binding to any GATT member nations" and claim that the U.S. did not give GATT authority or direction to implement Codex as law.
While this is technically true, we feel that it is very misleading, especially in light of the recent WTO decision which is indirectly forcing the U.S. to alter our Clean Air Act. This shows that the W.T.O. has teeth, and will bite. If they can indirectly force us to change our Clean Air Act, they can indirectly force us to change our Food, Drug, and Cosmetic Act.
WTO FORCES U.S. TO EITHER CHANGE CLEAN AIR ACT OR SUFFER TRADE SANCTIONS AND FINES
On April 29th, Reuters news service published an article titled "U.S. Disappointed in Appeal of WTO Gasoline Ruling." In this ruling, the United States is being FORCED by the WTO to make changes in our Clean Air Act because an appellate body of the WTO in Geneva found that U.S. clean air gasoline rules discriminate against imports from Venezuela and Brazil.
This is the first time the WTO has imposed a ruling on the United States on the now powerless group called Congress, and vitamin consumers had BETTER TAKE NOTE, because if the WTO can force us to scuttle our Clean Air Act, they can force us to accept a WTO ruling on dietary supplements EVEN IF IT CONTRADICTS US LAW!
The American public incorrectly believes that Congress can protect us against the WTO! In this case, the WTO's three judge appeals panel composed of officials from the Philippines, Japan, and New Zealand upheld the overall ruling that the regulations were "a disguised restriction on international trade" because they set different rules for foreign producers than for domestic refiners.
On June 19th, the Office of the United States Trade Representative, Executive Office of the President, issued a press release titled "United States Invites Public Comment on Next Step in WTO Dispute on EPA Rules for Imported Gasoline."
Acting U.S. Trade Representative Charlene Barshevsky announced that the United States advised the WTO of its intention to meet the obligations with respect to the findings of the dispute settlement body. The EPA will be publishing a Federal Register notice calling for public comments on how to address this issue, so technically, the WTO isn't changing US law, technically we will be changing our own law- but we'll be acting under duress in order to avoid fines and or trade sanctions.
HOW CONGRESS RAILROADS US: THE "SUSPENSE CALENDAR"
What the public generally doesn't understand is that Congress frequently does not go through standard procedures of debate on legislation. They have a calendar called "the Suspense Calendar" for voting on bills that haven't gone through standard procedures for debate- standard procedures have been "suspended" and they can pass legislation in no time flat-- without the public or press even knowing about it.
An example of this is HR 3604, which is 1000 pages of proposed changes to the Safe Drinking Water Act of 1996. This bill was introduced on June 10th, it was ordered reported out of committee on June 11th, a status report was just filed today, and floor action is scheduled for tomorrow (June 25th)- but how many people even know about it? The only reason I do is that someone who monitors pending legislation in the congressional record on a daily basis told me. He did not find out from the press, he found this via the internet in the Thomas data base which only people with computers who are online have access to. We don't know if HR 3604 is good or bad. We are just looking at it now for the first time, and if it IS bad, we sure don't have any time to mount opposition to it. When queried the legis office could not tell me if HR 3604 had been introduced in the past under a different number. It remains a mystery to me, and I am disturbed by the fact that this can happen. Every American should be equally disturbed, and should remain vigilant to attacks on our freedoms.
There is nothing to stop Congress from addressing other controversial issues in this same stealthy way. If the German proposal passes in October, the finalizing steps are nothing more than a formality, and Congress would eventually be faced with the sticky dilemma of how to change our Food, Drug, and Cosmetic Act without the public catching on. Both parties would have very powerful lobbies leaning on them, and they could always use the "suspense calendar" route to stealthily move at high speed.
***What sort of press release do you think the US Trade Representative's Office will release if the German Codex Proposal passes in October, and a slew of WTO nations attempt to force the US into compliance on the dietary supplement issue? What makes you think it would be any different? (Please specifically address this concern.)***
HEALTH FREEDOM TO END WORLDWIDE UNLESS PEOPLE FIGHT BACK
In October, in Bonn, unless people all over the world unite in an effort to monkeywrench the "drug cartel's" plans, health freedom will be steamrolled because tiny little WTO member nations such as Togo, in West Africa, have as much voting power on this matter as the United States, and companies like Shering-Plough are making a concerted effort to swing their delegates in favor of the German proposal.
Quite simply, unless we are able to swing enough delegates against the German proposal through a laser like campaign, the US and UK will be overwhelmingly outvoted by the other 124 WTO member nations.
NIH TRYING TO CONDITION PUBLIC TO ACCEPT MAXIMUM DOSAGE LIMITS?
On the 15th of April, the National Institutes of Health issued a press release which seems intent on directing the public to avoid dietary supplements and to think in terms of a maximum dosage limit for Vitamin C, and by implication other nutrients. Although it has been widely refuted, they once again dragged out the long discredited assertion that vitamin C causes kidney stones. This fallacious assertion and propaganda of the pharmaceutical industry was first splashed through the media prior to the passage of the Proxmire legislation which protected consumer access to dietary supplements in the 1970s.
NORWAY: THE TAIL THAT WAGS THE DOG?
On May 22, Ron emailed a message from Norway saying that he was just informed by a second company which imports and distributes supplements that they have received a license to distribute and import natural medicines into Norway. Again, this system will be the model first in other Scandinavian countries, then in the European Union and later it is intended for the rest of the world via Codex and the GATT/WTO agreement. To obtain the license to sell the most effective herbs (Ginkgo, Valeria, Goldenseal, etc) and other products defined in Norway as medicines (as it is in the German Codex proposal) each company has to employ a pharmacist who has worked in the pharmaceutical industry for at least two years. There is now a third health food supplement company applying for a license and hiring a pharmacist that Ron knows of and it is expected that all health food supplement distributors and import companies will be hiring pharmacists or else be expected to be eliminated from the marketplace quickly. Only a few of the biggest in the small country of Norway (population 4 million) can afford to hire a pharmacist. Now the stampede is on.
DONATIONS BADLY NEEDED
Ron and I are working closely with Suzanne Harris, JD of the Law Loft of Arcadia, CA to formulate an international counterattack against the drug cartel. Our articles (available through our website or via 800-841-LIFE) have been translated into German, French, and several other foreign languages as we unite with others across the internet to warn the world. We badly need donations to conduct an international campaign to swing other countries delegates against the German proposal. Please make you checks out to Life Extension Foundation. Send them to LEF Political Office, 1534 Polk St. Hollywood, FL 33020, USA. It is essential that you call your Senators and Congressmen, especially if they are on the Commerce or Agriculture committees to urge that they ask their foreign counterparts in WTO nations to go against the German proposal, which runs contrary to good public health policy worldwide.
My friends in the alternate health field tell me that there are cures for cancer and AIDS, but the medical establishment has subverted the strong arm of the law to keep these cures from the public and protect their multi-billion dollar profit centers. Those of you who have cures for cancer, AIDS, and other "uncurable" diseases, take heart; the law cannot prevent you from promoting your cures.
Natural Law, the law that governs all of creation, expresses itself through your heart, mind, and actions; it gives you a sense of right and wrong. You can get government out of your life by learning and practicing Natural Law. Whenever statutory law conflicts with Natural Law, you have the right and duty recognized by government to follow Natural Law. One court said:
WHAT GOVERNMENT CAN DO
The states have what are called police powers (I do not mean the powers of the police), which is the power to pass any law in order to protect the morals, health, safety, and general welfare of society and third persons, but every law must be limited to remedy the harm. One court said:
In contrast, The federal government can only regulate in areas specifically enumerated in the federal constitution, or necessary by implication. It cannot regulate food, drugs, doctors, prices, wages, working conditions or hours, speed limits, education, police, or guns; these are not listed in the constitution, and such powers are reserved to the states and the people (however, it has wormed it's way into these areas by regulating interstate commerce, a power given to it). And it can tax and spend to promote the general welfare, and set conditions for receiving the welfare.
Both federal and state governments are limited in the extent they can exercise their powers. The regulation cannot extend beyond protecting society from harm, otherwise it would violate unalienable rights, and the powers granted by the constitution cannot conflict with rights and protections. The constitution does not conflict with itself.
WHAT GOVERNMENT CANNOT DO
The Declaration of Independence proclaims that we have certain unalienable rights, among these being the right to life, liberty, and the pursuit of happiness; this law has not been repealed. When government can choose between several alternatives, our right to the pursuit of happiness mandates that government choose the alternative that harmonizes all interests.
What makes us a free country is not that we are a democracy. In a democracy, the majority can impose its will upon the minority; the majority (or their representatives) can choose oppressive methods, or forbid the minority from curing cancer. In a free country, government is forbidden from exercising power in certain areas: the majority cannot act. Government cannot prevent you from practicing the healing arts, but it can regulate you to the extent of protecting society from harm.
The Supreme Court of North Carolina said:
GOVERNMENT CANNOT PROTECT INDIVIDUALS FROM THEMSELVES
While government can pass laws to protect society from harm, it cannot protect individuals from harm against their will. Free will is a gift of the Creator, given to us for the purpose of learning life's lessons. Government cannot intervene in these lessons, except to protect the morals, health, safety, and general welfare of society and third persons.
When individuals give informed consent to a moral act such as providing and receiving health care, and it causes no harm to society or third persons, then government cannot intervene. Even if the government considers the act to be quackery or dangerous, that decision must be between the individuals involved. Otherwise, the will of government will replace individual will, converting the people into wards of the state, violating the intent of the Creator that we learn from our decisions.
The Supreme Court of Ohio said:
Nor can government convert an entire society into wards of the state in order to protect the incompetent. The law already provides for the care of incompetents; if you are one, the state will gladly take care of you if you ask.
YOUR DUTY TO GOD IS YOUR DUTY TO COUNTRY
Government recognizes God as a sovereign power to Whom our duty is superior. This duty is protected by the 1st Amendment religious free exercise clause, by Statute 96-1211 whereby Congress asks us to voluntarily apply the teachings of the Bible and the Holy Scriptures, by state constitutions, and affirmed by various court decisions.
Because God cannot be seen by most people, He is not accorded His true status of lawmaker, and people (and the state) will act as if He doesn't exist. Nevertheless, when you violate the laws of the lawmaker (whether God or man), you incur a penalty. Since God is the sovereign of both the state and the people, the state cannot prevent people from following God's Will, Natural Law. I doubt you will find a government official who will assert that government is sovereign over God, and this fact can be used as a legal basis to prevent government from prohibiting that which is right, or compelling that which is wrong.
Gods Will expresses itself in your heart, mind, and actions. When you follow His will, you experience happiness; when you oppose it, you feel suffering. If government regulation makes you suffer, you violate your duty to God if you comply.
The Supreme Court has said:
SO THERE YOU HAVE IT
Freedom is the rule, restraint the exception, and any restraint must be limited to correct the harm. You have the right to practice your healing art, even if the medical establishment doesn't like it.
Besides that, the medical establishment has labeled AIDS, some forms of cancer, and many other diseases as incurable. Why would anyone want to go to a medical doctor who, by his own admission, has no cure for the disease? When a person is dying from a disease, no potential cure can be said to be unsafe, thereby precluding the exercise of government power to protect anyone from harm. By labeling a disease as incurable, the medical establishment has given up its supposed jurisdiction over the disease.
Richard Walbaum has developed a legal theory based upon Natural Law, duty to God, and doing that which is right. It can be applied to every area of life, not just the medical area. If this approach is right for you, or if other approaches have failed and you need to try something new, more information is available. Write Richard at honestmoney@fairfield.com. 6/26/96
"Food Slander" laws, now in force in at least 11 states, make it a civil crime to denigrate or criticize food products without a "scientific" basis. Industry lobbyists admit that these laws are probably unconstitutional in most states, but that their real purpose is to intimidate activists, journalists, and concerned consumers.
Something stinks. And it's not just left-over junk food or bacteria and feces-contaminated meat from filthy slaughterhouses and hog and poultry factories. It's not just the scent of chemical pesticides on non-organic fruits and vegetables. It's not just the pus, antibiotics, and growth hormones souring the public attitude toward rBGH dairy products and other unlabeled, untested genetically engineered foods. It's more than this. It's in the tap water, the topsoil, the air. In the alarming statistics on increasing cancer, food poisoning, chemical hyper-sensitivity, antibiotic resistance, allergies, sterility, and immune disorders. No wonder 80% of the public in a recent poll ranked "food safety" as a "very important" issue. But now perhaps the most putrid smell of all seems to be wafting out of the halls and backrooms of Congress, where a bipartisan effort is underway to weaken already inadequate food safety laws.
Further smells emanate from state capitals in South Dakota, Alabama, Georgia, Florida, Idaho, Texas, Arizona, Oklahoma, Mississippi, Colorado, and Louisiana--and perhaps soon other states--where indentured legislators are busy passing so-called "food disparagement" laws designed by ag-chemical-biotech industry lobbyists. Laws intended to curtail your right to free speech. To make it illegal to hand out a leaflet like this one, or to dump "suspect" rBGH milk where it belongs--in the gutter.
Instead of government and industry dealing with the evermore serious crisis of food and environmental contamination and deteriorating public health and nutrition, we are being slapped with cutbacks in food and environmental safety, and threatened with food defamation laws.
Instead of giving us what we want: affordable, healthy, natural, clean food--safety-tested and clearly labeled to enable consumers to exercise free choice--the powers that be seem intent upon taking away our right to know what's been done to our food and instead delivering another message: Let them eat hormones, feces, chemicals, dioxin, antibiotics... Government and corporation hacks use so-called "risk assessment" and "cost accounting" to tell us it's "too expensive" to clean-up food industry practices, even as the Centers for Disease Control admit that 20 to 80 million people a year get food poisoning; and published data indicate that environmental and food-related cancer rates are steadily increasing.
The chem-pharm industry and their indentured politicians know we want mandatory labeling for genetically engineered foods, but they also know that new technologies such as genetic engineering are potentially "too profitable" to allow the squeamishness of the public to stand in the way of progress.
Eighteen months after the introduction of America's first major genetically engineered food product, Monsanto's synthetic Bovine Growth Hormone, the Pure Food Campaign and allied activist groups have all but destroyed rBGH economically. Recent statistics indicate that 95% of the nations' dairy farmers are boycotting the drug, while a full 80% of consumers still want it taken off the market or labeled--so that they can avoid it.
To defend consumers and family farmers, the Pure Food Campaign has sued Monsanto and the FDA in Federal Court. We expect the court to rule in our favor this summer, either by revoking approval for rBGH or by requiring mandatory labeling, which in practical terms will kill the product. Europe has banned rBGH at least until the year 2000, while Canada appears poised to extend their ban also. Meanwhile the only other genetically engineered foods now for sale in grocery stores, the Calgene Corporation's "Flavr Savr" tomato, and DNAP Technology's "Endless Summer" tomato, appear destined for a similar fate. Calgene recently was saved from bankruptcy only by being bought out by Monsanto, while DNAP's "Endless Summer" mutants also seem to be failing. However the FDA, EPA, and USDA continue to license new genetically engineered foods on a regular basis (a dozen approved since rBGH first went on sale) with no special pre-market safety testing nor labeling required. So the boycott of genetically engineered foods must continue.
In terms of contaminated meat, fish, and poultry; and chemical and pesticide residues on fruits, grains, and vegetables; things appear just as bad, if not worse, than ever. In 1993 Pure Food's lawyers sued the USDA over the fact that fully one-third of all ground beef sold in the U.S. contains animal feces and potentially harmful bacteria. Similar statistics have been noted for pathogens in poultry. Rather than lose in court, the government agreed to start placing "warning labels" on all two billion packages of meat sold in the US annually. The government also promised a "zero tolerance" for feces in meat--a policy which has not been enforced.
Since 1993 E-coli and other forms of food poisoning appear to have grown worse. Promises by the USDA to do more than just visually inspect beef and poultry carcasses (for one to nine seconds each) have for the most part gone unfulfilled. Recent studies show that the majority of feedlot cattle are regularly being dosed with antibiotics in their food, despite an emerging antibiotic resistance problem in both children and adults. Pesticide residue levels in fruits, vegetables, baby foods, and grains remain high, with the National Academy of Sciences warning in 1994 that children may be ingesting dangerous levels of carcinogens--even under the current EPA "allowable limits."
Since NAFTA, suspected pesticide contaminated fruits and vegetables are pouring largely uninspected over the border from Mexico. And finally, as independent scientists point out, there are still no reliable safeguards or limits protecting consumers from ingesting multiple pesticide residues simultaneously, nor on protecting consumers from ingesting dioxin (spewed out of incinerators burning PVC plastics)--known to concentrate in fish, meat, and dairy products--said to be "the most dangerous substance ever produced by man."
The Pure Food Campaign and allied activists around the country ask you to:
by Jan Rosenstreich
The House of Representatives recently passed Bill HR-3103. It is named "Health Coverage Affordability and Availability Act". This Bill has many beneficial aspects BUT there is also some very vague language; this language could be used to harass and possibly shut down Holistic Clinics and/or therapists/practitioners who fall under the category of "not deemed medically necessary". There are severe fines and imprisonment outlined in this bill.
The Senate is working on a companion bill Bill S.1028, Health Insurance Reform Act of 1995, which is similar to HR-3103 but without the "objectionable language". If the Senate passes the bill, both houses will get together and draft a bill (from both bills) that is acceptable to both houses. The danger lies in the fact that the objectionable language in the House bill will make it into the final bill that will be sent to the President to sign. It is important to notify your Senators to keep the Section 242 language from HR-3103 out of S.1028. The term, "medically necessary" in Section 231 (d)(E) is also very vague and is subject to interpretation.
Below is an excerpt from newsgroup, misc.health.alternative, that was sent to me by John Hammell of the Life Extension Foundation (LEF). It includes a letter that was sent to one of the bill's sponsors, Senator Nancy Kassebaum by the American Preventive Medical Association.
===============================================================
The American Preventive Medical Association, their Executive Director Candace Campbell, and their attorney Jonathan Emord have carefully analyzed the Suzanne Harris/LEF legal interpretation of S.1028/HR 3103, and totally agree with our position, as you can see from their letter below to Senator Kassebaum. APMA agrees with our assessment that the legislation would do great harm to alternative practitioners if it passes in its current form.
Suzanne Harris, and all of us here at LEF (Life Extension Foundation) resent being characterized as "radical elements," and wonder if Evers ALSO intends to malign APMA as "radical" for writing the very concerned letter below to Senator Nancy Kassebaum, strongly urging that Section 242 of HR 3103 _BE KEPT OUT_ of the conference report because it creates a new _FEDERAL CRIME_ of "health care fraud" without _DEFINING_ what they _MEAN_ by FRAUD(!)
This would leave alternative practitioners _TOTALLY_ OPEN_ to _RELENTLESS_ attacks by prosecutors, by the Health Care Financing Administration, and by Insurance Companies. In addition, we question the use of the term "medically necessary" in Section 231 (d)(E), because the term is not defined, and will thus be left up to the interpretation of many who oppose alternative medicine. We sincerely hope Mike Evers will reconsider his blind support of this bill. If he fails to do this, his step father will undoubtedly start rolling in his grave.
The APMA position below directly mirrors Suzanne Harris and LEF's concerns. Please read it carefully, and if you agree that this bill would be a grave threat to destroy the practices of a large number of alternative practitioners, then please join us in vigorous protest by calling your Senators and Senator Kassebaum via the Congressional switchboard at 800-962-3524, because your _LIFE_ just might _DEPEND_ on it!
April 12, 1996
American Preventive Medical Association
459 Walker Rd.
Great Falls, VA 22066
703-759-0662, FAX 703-759-6711
U.S.Senator Nancy Kassebaum
SR 302 Russell Senate Office Bldg.
Washington DC 20510
FAX 202-224-3514
Dear Senator Kassebaum:
I would like to call to your attention troubling aspects of a recently passed House bill which should be extremely important concept and vital legal protection.
While we understand and agree with the Congressional intent to eliminate fraud and punish wrong-doers, we don't think it wise or appropriate to initiate such severe sanctions (ten years to life) for an undefined crime. We especially don't want to create an opportunity for those who oppose the use of alternative therapies to discourage or eliminate their use by holding over practitioner's heads the threat of criminal fraud charges. If this language remains in the conference report, we would like to see it amended to include language that strictly defines what constitutes fraud and specifically eliminates a charge of fraud simply for the use of unconventional or "nonstandard" therapies. Based on our experience with state medical boards, insurance companies and other administrative bodies, the benchmark for prosecutors to reach before being allowed to declare fraud must be quite high and the definition must be quite explicit if we are to prevent abuse and misinterpretation.
MEDICAL NECESSITY
Our second major concern is the use of the term "medically necessary" in Section 231 (d) (E) as the benchmark for punitive measures. Under the heading UNNECESSARY SERVICES," new language has been inserted, reading: "Is for a medical or other item or service that a person knows or should know is not medically necessary." While this may appear straightforward, the definition of "medically necessary" will no doubt be different, depending on who is doing the evaluating. In fact, you need only look to the great body of expensive litigation that has already resulted from similar language in other federal legislation to know that Congress should not perpetuate this vague and counterproductive approach. An insurance company representative, a patient, a doctor and HCFA might all have differing opinions as to what is medically necessary for the same exact condition, especially in situations where terminally ill patients or those suffering from chronic pain are involved. Are counseling or massage therapy ever medically necessary? Are they appropriate? Different practitioners will have different views. These differing opinions are to be expected, and may result in better decisions, but these discussions should remain in the province of the doctor-patient relationship, and they should NOT BE SUBJECT TO SANCTION.
Some effort should be made in the legislative language to allow for GOOD FAITH EFFORTS on the part of practitioners who base their decisions on the best information available to them at the time, and on their belief that what they were doing was in the best interest of the patient. The "medically necessary" language now present in the House bill makes no connection to the actual outcome (ie: serious harm to the patient) and is a dangerous and unnecessary intrusion into the professional decision-making process. We believe that such language, left intact, will have a chilling effect upon the health care profession. Instead of motivating practitioners to use the least expensive, most effective therapies, it will instead encourage "cookbook medicine" and the over-utilization of tests to justify professional decisions. It will also seriously hamper if not eliminate the use of preventive therapies which can do so much to promote and enhance health, but which could fail to satisfy a demand for medical necessity. The bill language should be changed to ensure that nonstandard therapies cannot automatically be classified as unnecessary.
If the House provisions remain, we would like to see the language amended to ensure that the above concerns are addressed. If S.1028 passes without such amendment, we fear that it will lead to expensive and unnecessary litigation, the unfair tarnishing of professionals reputations, an increase in health care costs, and a serious chilling effect on the advancement of medicine. I would appreciate knowing your views on these concerns, and will contact you early next week to determine what you think can be done to improve the bill and prevent these unintended effects.
The American Preventive Medical Association is a nonprofit advocacy organization with members in 47 states and seven countries. Our mission is to help foster a health care environment in which practitioners can practice in good conscience, with the well-being of the patient foremost in their minds, and without fear of recrimination for the use of complimentary and alternative therapies; and to ensure Americans right to medical freedom and access to the full range of health-promotion and treatment methods. HR 3103 and S.1028 are of utmost concern to our members.
Sincerely,
Candace Campbell
Executive Director
Note: It is of utmost importance that EVERYONE call Senator Kassebaum's office, and your own Congressional offices to echo these concerns. Call toll free through the Congressional Switchboard at 800-962-3524.
--
John Hammell, Political Coordinator, The Life Extension Foundation
800-333-2553, 305-929-2905, 305-929-0507 FAX
jhammell@ix.netcom.com
Life Extension Foundation
From: John Hammell, Political Coordinator, The Life Extension Foundation
Even if you are outside the US, please help by forwarding this to
usenet groups and to people in the US- As health freedom dies here, it
is destroyed internationally. This bill was clean, but now its NOT!
They are playing a SHELL GAME with us- we MUST get the title 5
(Dole/Roth) section REMOVED either as a Floor Amendment when its voted
on tomorrow, or AT CONFERENCE COMMITTEE. SPREAD THE WORD! The offending
section creates an AMBIGUOUS definition of FRAUD which WILL be used
against alternative practitioners if it goes through! THERE IS A 24 HR
MESSAGE ON MY MACHINE AT 800-333-2553, people not online can leave
their fax number and get this form letter, but PLEASE fax and forward
it to people by email! IF THEY DON'T amend this, then we MUST DEMAND
THAT CLINTON VETO IT DUE TO DOLE'S AMENDMENT! [disclaimer- I am NOT a
Democrat or a Republican, I am a libertarian, and this bill is BAAAAD!
NO to S.1028 AS AMENDED! CALL TODAY 4/22 TIL CONF.COM!!!
The Honorable Senator Kassebaum FAX 202-224-3514 Members of the Senate Labor Committee FAX 202-224-3514 Members of the Senate Capital Switchboard 800-962-3524 President Clinton Capital Switchboard 800-962-3524
Dear Senator Kassebaum:
I have checked S.1028 as amended last Thursday, April 18th on Thomas, and was SHOCKED to see that you are playing a SHELL GAME with the American people! (See 4/18/96 Congressional Record. Title 5, pp.S3654 to S3661) (!!!) (Dole/Roth amendment)
On April 12th, the Law Loft and several other attorneys and allied groups including The Life Extension Foundation alerted the American Preventive Medical Assn. in an April 12th letter that "Without a strict and LIMITED definition of fraud, off label uses of drugs, alternative therapies and other "unconventional" treatments COULD BE CONSTRUED AS FRAUD when, in FACT, they simply represent another way of treatment." (I agree.)
On April 18th, 1996 in a floor statement you urged the ENTIRE SENATE not to "expand the scope of this bill (S.1028)..." with additional amendments. Senator Cohen supported you with these words: "I therefor join the chairman and ranking member of the Senate Labor Committee in urging my colleagues to resist the temptation to weigh down this important piece of legislation with highly controversial or extraneous amendments...and I intend to vote against all such extraneous amendments. We simply do not want to run the risk of having this very sensible and eminently doable package grow into yet another 1,400 page bundle of expensive mandates, more Government bureaucracy, and untested proposals. (See 4/18/96 Congressional Record p.5310)
DESPITE your plea and 65 cosponsors for your original bill, we are now faced with the most "HIGHLY CONTROVERSIAL" HEALTH CARE FRAUD SECTION of HR 3103 added UNANIMOUSLY, by AMENDMENT to S.1028 on 4/18/96. (see p. S.3654 and following) S.1028 is NO LONGER CLEAN!!
PLEASE!! HAVE THIS SECTION REMOVED IN THE CONFERENCE COMMITTEE!! (IF YOU DON'T- I'LL BE SCREAMING FOR A VETO!!!!!!!!!!!!!!!!!!!!)
Sincerely,
NAME: (PRINT) SIGNATURE: ADDRESS: CITY: STATE: ZIP: (Letter Prepared by John Hammell, legislative advocate, Life Extension Foundation 800-333-2553 24 HR MESSG, The Law Loft, Clinton Ray Miller, legislative advocate, NCIH POSTED ON THE INTERNET BY John Hammell jhammell@ix.netcom.com
Speaking before the Senate on August 2, Sen. Hatch had this to say:
"As my colleagues know, I have championed the cause of alternative and complementary medicine. I am sensitive to concerns within this community regarding unintended negative implications of the fraud language on the provision and practice of nontraditional and nonmedical forms of health care.
"I want to make it clear to my friends in the alternative and complementary medicine community that under this bill the practice of complementary, alternative, innovative, experimental or investigational medical or health care itself, will not constitute fraud.
"I have specifically addressed these concerns in the legislative and conference report language to clarify any misunderstandings or ambiguity arising from the implementation of the fraud provisions."
THANK YOU Senator Hatch.
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On May 27, 1997, a jury acquitted Dr. Stanislaw Burzynski, MD, Ph.D. of the remaining charges brought by US federal prosecutors. Hopefully, this will end the saga of harassment and persecution that has continued for over 14 years by the Food and Drug Administration (FDA). His previous March 3, 1997 trial ended in a mistrial with 34 counts of mail fraud dismissed by Judge Lake due to lack of evidence.
Dr. Stanislaw Burzynski discovered antineoplastons in Poland while he was working on his Ph.D. thesis. He believes these naturally-occurring non-toxic peptides in blood can re- program cancer cells to die like normal cells without the toxic effects of chemotherapy and other damaging substances. In 1995, the US Attorney in Houston attained a 75 count indictment after convening four separate Grand Juries. The charges included mail fraud, fraudulent insurance billing, interstate shipment of unapproved drugs, and disobeying a 1983 court order limiting the use of antineoplastons to the State of Texas.
After the March 3, 1997 mistrial, the government decided to retry Dr. Stanislaw Burzynski on the remaining 41 charges, even though chief prosecutor Mike Clark admitted they tried their best case with their best prosecutors, and couldn't imagine what they would have done differently. On the first day of the May 19th trial, the government surprised everyone by dropping 40 of the 41 charges. The prosecutors decided to concentrate their efforts on the remaining charge of contempt in disobeying a 1983 court order limiting the use of antineoplastons to the State of Texas. This set up the unanimous acquittal by the jury.
The FDA lost more than the conviction of Dr. Burzynski in the latest trial. Their image was further tarnished by the testimony of FDA agents. FDA agents, under oath, testified about creating intentional red tape and admitted that no unconventional cancer treatment had ever been approved by the FDA. In addition, they admitted that no drug developed by an individual has ever been approved by the FDA and only large pharmaceutical companies win approval. They also went on to say that the drug approval process has become so strict that aspirin might have a hard time winning approval today.
In 1983, Dr. Burzynski's original application was approved for the treatment of patients under the Investigational New Drug program (IND). FDA agents testified about using more than 6 years of red tape to delay implementation of the IND for the treatment of certain types of brain cancer and breast cancer. This FDA red tape also set the stage for years of harassment & prosecution (persecution) of Dr. Burzynski by the government.
The FDA has been attacking alternative therapies and practitioners for years using illegal and unconstitutional tactics. Many of their victims do not have the resources to fight the injustices of the well bankrolled agency (with our money) and are forced to shut their doors. The FDA's battle with the Life Extension Foundation (LEF) was an exception rather than the rule. The LEF was able to raise the money needed to defend themselves (and win) and ultimately went on the offensive. Their skilled lawyers went after FDA officials on the stand (under oath) who admitted to the use of illegal searches, seizures and illegal tactics. This was the first time the FDA was effectively put on trial while attempting to prosecute their case. Because of this and other high visibility cases, some members of Congress are pushing for an oversight committee to monitor the FDA. This monitoring is needed to help refocus the FDA to the role that led to its creation.
The high profile case against Cancer Doctor, Dr. Stanislaw Burzynski, MD, PhD was declared a MISTRIAL on Monday, March 3, 1997 by Judge Sim Lake. This signals the end of the trial that began January 6, 1997. Unfortunately, the FDA and Justice Department have requested a retrial that is tentatively set for May 19, 1997.
Here is an except from the Burzynski Research Institute Home Page in the update section:
Jury deadlocked - 6 for acquittal on all counts, 5 for conviction on all counts, 1 undecided
Judge Lake dismisses all 34 counts of mail fraud for lack of evidence Today Monday the jury passed a note to Judge Lake at 9:30 am, asking for 12 copies of the oath they took when being sworn in as prospective jurors, and of the oath they took when being sworn in as jurors. None of the lawyers present had ever heard such a request from a jury before.
At 10:45 the jury passed another note to the judge, saying they cannot reach a unanimous decision. The judge declares a mistrial. Furthermore, Judge Lake declares that as a matter of law, the government has not come close to meeting its burden of proof in the 34 mail fraud (insurance) counts and dismisses them.
Nevertheless, the government declares it intends to re-try the case (or what's left of it) - although chief prosecutor Mike Clark admits they tried their best case with their best prosecutors, and can't imagine what they would do differently.
Judge Lake tentatively sets the re-trial for May 19, 1997.
The Government intends to pursue another trial even though they expect the same results. This is clearly a Waste of Taxpayer Money and another attempt at persecution of Dr. Burzynski. The government has an unlimited amount of OUR money to waste and probably hopes to outlast the legal defense fund of Dr. Burzynski.
Now is the time to contact the White House and your individual Congressman and Senators and let them know, enough is enough. It is appalling that the government continues to waste money on this litigation instead of working with a doctor who may have a promising cancer treatment. The FDA needs to be accountable for this fiasco that has been going on for over 10 years.
In addition: Tell your representatives to support and/or sponsor the Access to Medical Treatment Act - H.R. 2019 and S. 1035. This is essentially the same bill that came up last year before the congressional session ended. For more information, check ACCESS TO MEDICAL TREATMENT ACT - S.1035 section on this page.
Here is some contact information:
White House comments: (202) 456-1111
Congressman and Senators Information (need your zip code): (800) 972-3524
HOUSTON -- The criminal trial of Stanislaw Burzynski, MD, PhD gets underway tomorrow here in Houston amid tight security and extensive media coverage. All major news networks are expected to cover the trial, which may last up to six weeks.
Dr. Burzynski is charged with 75 federal crimes, mostly related to interstate shipment of his controversial cancer treatment, antineoplastons. If convicted, he could face life in prison.
His lawyers have asked U.S. District Judge Simeon Lake to allow them to use the "necessity" defense, which means that if Dr. Burzynski violated federal law, it was because he faced a choice between obeying the law or saving lives. A ruling on that request is not expected until the trial begins.
Meanwhile, the doctor's patients are running television ads to appeal for help. Thirty second cable spots feature a large group of patients, including women and children, marching on the White House demanding faster approval for their cancer medicine and calling for an end to what they claim is FDA harassment of their doctor. The ads started in Washington December 25th and will air soon on cable systems in New York, Chicago, and LA.
In the ad a patient of Dr. Burzynski tells the assembled crowd, "Its my life, my cancer and I'll treat it as I choose" as the patients chant "FDA Go Away, Let Us Life Another Day." In another version, a mother holds her young child before a congressional hearing and testifies tearfully, "Without this treatment, my son will die."
Mary Jo Siegel, a 45 year old mother of three who's been cancer free for 5 years, is co-founder of the Burzynski Patient Group, the organization running the ads. "We didn't know what else to do" she said," the FDA is deciding who can live and who will die and its just not right. Clinton and Kessler promised us back in March they would speed up cancer drug approvals, but all they're speeding up is the trial."
Organizers are hoping the ads and the rallies will raise awareness and financial support. The spots give a toll free number for viewers to call, 1-888-2-SAVE-DR-B.
For more info, contact Steve Siegel or Rita Starr at
310-454-9711
800-558-5070
305-532-3113
713-596-5355
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The following came to us through Email. It is presented for informational purposes only. We are not aware of its exact source.
Recent updates to this story can be found at the Burzynski Research Institute Home Page
BURZYN-RESEARCH
Business Editors HOUSTON--(BUSINESS WIRE)--Feb. 5, 1996
Seriously-ill but outraged cancer patients of Houston Dr. Stanislaw Burzynski will gather at the Houston Federal Building on Tuesday at 10:00 AM to protest an FDA action depriving them of a treatment most say is their last hope for life. Late Friday afternoon, U.S. District Court Judge Sim Lake told attorneys for Houston M.D. and Ph.D Stanislaw Burzynski that he will issue a decree this week forbidding him from treating patients who live outside of Texas. More than 90% of Dr. Burzynski's patients are not Texas residents. The ruling sharply contrasted with a Dec. 8 hearing, at which Judge Lake said he would "not prohibit Dr. Burzynski from treating people when the government has had 12 years to bring this indictment." It was not clear what was behind the judge's abrupt about-face.
The move is the latest development in a 13-year battle between the FDA and the Polish-born doctor, the inventor of what many consider the most promising cancer therapy to date. In 1991 a team of National Cancer Institute (NCI) experts reviewed the records of seven patients with normally incurable brain tumors and verified five complete remissions -- disappearances of tumor. In a 1993 hearing in Austin, the NCI's Chief of Neuroradiology testified that patients would die if deprived of Dr. Burzynski's drug, antineoplastons. Dr. Burzynski first discovered his antineoplaston treatment in Poland while working on his Ph.D thesis. He found naturally-occurring non-toxic peptides in blood that in many cases can `re-program` cancer cells to die like normal cells, without the toxic effects of conventional chemotherapy.
He moved to the U.S. in 1970 to escape communist oppression and seek freedom of conscience. In 1983 the FDA filed civil suit in federal court to stop Dr. Burzynski from treating patients. Judge Gabrielle McDonald ruled that Dr. Burzynski may not ship his drugs out of state, but may continue to manufacture and use them within the State of Texas. Robert Spiller, the FDA's associate chief counsel for enforcement, told the judge he would ignore her decision and do whatever necessary to stop Dr. Burzynski, "such as actions for seizure and condemnation of the drugs or criminal prosecutions..." Since then, Dr. Burzynski has been the target of four federal grand jury investigations. The first three did not return indictments. The fourth grand jury investigation caught the attention of Rep. Joe Barton (R-TX), Chairman of a House Investigations Subcommittee. Following hearings on FDA abuses of authority, Barton concluded that "Dr. Burzynski has been the victim of an extraordinary abuse of our legal system..." Committee member Richard Burr (R-NC) commented "the FDA is an agency out of control. Its lawyers have such a weak case it's not prosecution, it's persecution." Ironically, Dr. Burzynski is currently conducting four Phase II clinical trials approved by the FDA, and is more than halfway through the FDA's approval process. His own manufacturing facility has passed FDA inspection as well. Reports on Dr. Burzynski have been featured on or in: The New York Times US News and World Report, Good Housekeeping, ABC News Nightline, CBS Evening News, CBS This Morning, CBS Street Stories, Sally Jesse Raphael, Gabe Pressman Investigative Reports, 20/20 --30--.
CONTACT:
Burzynski Research Institute
Dean Mouscher, 713/597-0111
After hours call: 713/596-5355
WHAT CAN YOU DO?
Contact your US Senators and Congressional Representative (by e-mail, fax, letter, and/or telephone) and let them know that you are concerned about the Food & Drug Administration (FDA) tactics and want something done about it. Remember, this is an election year and your representatives are much more likely to listen to you at this time.
Contact the FDA and let them know that you are appalled by their tactics and are contacting your representatives about the possibility of launching an investigation into the agency and its misuse of power.
This is the letter I sent to my legislators
I received the following article via Email and I am very concerned about the constant abuses of power by the FDA. I want this matter fully investigated and acted upon. The persecution by the FDA has got to stop. We NEED new and innovative ways of treating cancer and other diseases that are overwhelming our health care system. We have spent billions of dollars, so far, on the "war on cancer" and have not produced any solutions. In fact, my dad is now dying of cancer and might be better off today if some of these treatments were available.
The FDA is always complaining about their "underfunding", but they continue to WASTE money on these obvious terroristic tactics and "witch hunts". If they would focus their efforts where it would do the most public good, the money they receive would probably be sufficient. One way to resolve this is to hit them where it hurts -- in their wallets. Make it clear to them that if they continue to carry on these WASTEFUL practices, they will lose funding.
I expect to receive some correspondence from you regarding this issue.
Sincerely yours,
Jan Rosenstreich
"A medical dictatorship, determined to keep doctors intimidated and compliant, is flourishing in Kentucky. Instead of functioning in the scientific spirit of open and unrestrained inquiry into innovative alternative methods of treating disease, the Kentucky Medical Board has chosen to browbeat and tyrranize any licensed health practitioner who "steps out of line." Effective medical interventions that differ from conventional treatments are routinely branded as "quackery" and the provider is censured and condemned." (Quoted from Alternative Medicine Politics Home Page).
More information is available at Alternative Medicine Politics
by Jan Rosenstreich
For the past couple of years congress seems to have declared war on the environment. There are so many examples of this such as permitting logging on federal lands (allowing the destruction of old growth forests), to the weakening of federal clean air and clean water regulations. This country already has a health care crisis and removing these regulations will only make an already sick America even sicker. It may also totally collapse the health care system.
The key to reversing this trend is to become involved and vocal. Politicians become very nervous when a large number of people start contacting them about specific causes (especially around election time). We need to stay informed about these issues since they would like nothing better than to slip their legislation through without any resistance. A common ploy is to attach this legislation to other bills (these bills may have beneficial purposes).
In addition to the federal environmental assault, some states have also got into the act. For example, we are seeing the state of New Jersey chip away at environmental protection.
Below are links to sites that have information on current environmental issues and offer ways to get involved:
If you know of any other instances where Your right to choose Complementary/Alternative Health Care is threatened, or environmental protection is being dismantled, please E-Mail us with the information (please give us as much information as possible). We will pass along the information on this page for others to see.
E-mail us at mystic@castle.net.
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