HATCH

homer at lightlink.com homer at lightlink.com
Thu May 3 03:06:03 EDT 2012


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          THE FDA, NUTRITIONAL SUPPLEMENTS AND MIND MACHINES.
 
9/15/92
 
     There are four letters in this posting.  Possibly you should just
send the whole thing to your printer and then read it at your leisure,
you will want to keep the names and addresses for future reference.
 
     1.) A description of the FDA's proposed regulations as laid out by
the National Health Alliance (NHA).
     2.) A plea from the NHA that you write your congressmen.
     3.) Sample letters to handwrite to your congressmen.
     4.) A personal letter from me, if you can't stomach virulence just
skip it.
     5.) A personal letter from a friend who sells mind machines.
 
     I apologize for posting this all over the net, but sometimes you
gotta interrupt the scheduled programming with important late breaking
news.
 
     All flames to me, PLEASE DO NOT respond to the list that you read
this on.
 
     Homer Wilson Smith, homer at rahul.net
 
     Disclaimer: My opinions are my own and do not represent those of my
employer or of Cornell Univeristy.
 
 
 
 
                    THE FDA'S CAMPAIGN TO TAKE AWAY
                   YOUR FAMILY'S HEALTH CARE RIGHTS.
 
     Enclosed is information regarding the legislative action affecting
the dietary supplement industry, the natural health care community and
our right to choose wellness over illness.  The three main areas that
require attention are as follows:
 
1. The Nutrition Labeling And Education Act of 1990 2. Dietary
Supplement Task Force Report 3. The FDA Enforcement Amendments of 1991
(HR 3642 & S 2135)
 
              Nutrition Labeling And Education Act (NLEA)
 
     In an attempt to provide the American public with information
regarding the health-promoting benefits of foods, Congress enacted the
Nutrition Labeling And Education Act of 1990, instructing the FDA to
develop guidelines for how health claims can be made on food products.
FDA has proposed regulations that will do the following:
 
     Disallow health claims for fiber, anti-oxidants, unsaturated fatty
acids, zinc, etc.
 
     Lower RDA's from 10%-80%, reclassifying them as RDI's (Recommended
Daily Intake).
 
     Dramatically reduce the potency of vitamins and minerals,
REGULATING HIGH POTENCY VITAMINS AS DRUGS.
 
     Eliminate supplements such as bioflavonoids, rutin, PABA, selenium,
inositol, chromium and other "nutritional substances."
 
     Eliminate herbs from the definition of "dietary supplement," thus
regulating them as drugs.
 
     Consider any educational material, whether product specific or not,
to be considered a third-party endorsement, and therefore any referral
to a book may be considered a drug claim.
 
     Restrict the use of truthful educational material in the promotion
of dietary supplements.
 
                  Dietary Supplement Task Force Report
 
     In addition to the NLEA regulations, the FDA Commissioner David
Kessler convened a Dietary Supplement Task Force to determine how
supplements could be better regulated. Preliminary discussions with
members of the task force have revealed the following:
 
     Dietary Supplements will be categorized in three classes:
 
     Category 1: Potencies of multi-vitamins and multi-minerals.
Potencies of dietary supplements will be no higher than those found in
foods.
 
     Category 2: Amino Acids, with recommendations that they be changed
to prescription only.
 
     Category 3: All others will be available only by prescription,
including herbs, specialized vitamin and mineral products, etc.
 
        The FDA Enforcement Amendments of 1991 (HR 3642 & S 2135)
 
     These proposed laws are designed to provide the FDA with a
considerable amount of increased authority for taking action against
products without "due process of law." The FDA will have the ability to
embargo products, stop importation of herbs, levy fines of up to
$250,000 per infraction for individuals and up to $1,000,000 per
infraction for corporations, and subpoena records without court
supervision.  No other agency has been given such broad and
constitutionally questionable powers.  The House version is sponsored by
Congressmen Waxman and Dingell, the Senate version is sponsored by
Senator Kennedy.
 
     Because of the inherent bias the FDA has historically shown against
herbs and the dietary supplement industry, we have no doubt that they
will use these increased enforcement authorities to take unwarranted
action.  In preparation for increased enforcement activities, the FDA
has hired 100 criminal investigators led by a 20-year veteran of the
U.S. Secret Service.
 
     For more information contact the Nutritional Health Alliance, PO
267, Farmingdale, NY 11735, (516)-249-7070.
 
 
 
 
                                       Nutritional Health Alliance
                                       Protecting Your Right to Choose
                                       P O Box 267
                                       Farmingdale, NY 11735
                                       516-249-7070 August 31, 1992
 
Dear Health Food Industry Member:
 
IT'S TIME TO ACT.
 
Gary Dykstra, FDA Deputy Commissioner, made the following statements at
the NNFA Show in Nashville:
 
"As most of you know already, and it's not been a well kept secret, the
Task Force is going to recommend in its report that amino acids be
regulated as drugs."
 
"With regard to taking actions against herbs as drugs or as new drugs,
we continue to do that on a case by case basis..."
 
"The Dr. Wright situation out in Seattle, I don't want to get defensive
about that.  Obviously we felt that we did the right thing."
 
The handwriting is on the wall.  The FDA intends to eliminate the
dietary supplement industry as we know it.
 
*    The NHA is moving forward rapidly.  The Hatch Bill, S 2835, is in
the Senate expecting committee consideration and the Richardson Bill, HR
5746, is progressing in the House.  It is URGENT that you support these
bills with letters and phone calls immediately.  WE ONLY HAVE FIVE WEEKS
TO ACT BEFORE THE END OF THIS SESSION OF CONGRESS.
 
*    The NHA has its own team of experienced legislative activists
working full time with our legislators in Washington.
 
*    The NHA has hired one of the top PR firms in the country, Rogers
and Cowan, to bring our message loud and clear to all concerned citizens
in the United States.
 
*    The NHA has just created a toll free legislative up-date hot line
(1 800-226-4NHA) to keep you currently informed about the Health Freedom
bills, the FDA enforcement bills, nutritional labeling issues, and other
important legislative and regulatory news.  Please call us today.  Let
us hear from you with your questions and recommendations.  WE ARE HERE
TO SERVE YOU.
 
The Nutritional Health Alliance represents thousands of health food
stores, hundreds of manufacturers, and thousands of health care
professionals.  Most importantly, the NHA represents YOU and the 80
million Americans who enjoy the freedom of choice to take dietary
supplements.  WE NEED YOUR FINANCIAL SUPPORT TO PROTECT YOUR RIGHTS AND
YOUR LIVELIHOOD.
 
IT IS TIME TO ACT.  Even if you have sent in letters in the past, for
the next five weeks send in ADDITIONAL LETTERS.  Call and visit your
senators and representatives.  Ask them to co-sponsor the Health Freedom
Bills in their house.  Motivate your customers to write letters and make
phone calls.  It may well be now or never.  Join our fax network and
receive updates by fax twice a week.  These fax updates are suitable for
posting in your store and reproducing as handouts.
 
The NHA continues to dedicate its resources where they are needed most
and can produce the quickest and most effective results.  A financial
report summarizing our activities is available.
 
Remember, the NHA is a cooperative alliance of our industry, by our
industry, and for our industry to protect your rights to choose wellness
over illness.  The NHA represents your interest on both state and
federal levels.  WE ARE HERE TO SERVE YOU.
 
Sincerely yours,
 
Nutritional Health Alliance
 
 
Gerald Kessler, President ARE YOUR NUTRITIONAL RIGHTS WORTH FIVE MINUTES
OF YOUR TIME?
 
YOUR LETTERS COUNT!  WRITE TODAY TO PROTECT YOUR RIGHTS.
 
Handwritten letters are the most powerful.  Sample Letter For
Congressmen:
 
- ------------------------------------------------------------------------
 
Representative's Name U.S. House of Representatives Washington, DC 20515
 
Dear Representative:
 
Protect my health care rights!
 
Please support Congressman Bill Richardson and the Health Choices
Freedom Act of 1992 (H.R. 5746).
 
Please let me know the action you are taking in order to protect my
health care rights.
 
Sincerely,
 
John Q Public (signature) John Q. Public Your address City, State, Zip
 
- ------------------------------------------------------------------------
 
 
 
 
Sample Letter For Senators Hand written letters are the most powerful.
 
- --------------------------------------------------------------------------
 
Senator's Name U.S. Senate Washington, DC 20510
 
Dear Senator:
 
Protect my health care rights!
 
Please support Senator Orrin Hatch and the Health Freedom Act of 1992
(S. 2835).
 
Please let me know the action you are taking in order to protect my
health care rights.
 
Sincerely,
 
John Q Public (signature) John Q. Public Your address City, State, Zip
 
- --------------------------------------------------------------------------
 
TO FIND THE NAME OR TO DIRECTLY CONTACT YOUR LOCAL REPRESENTATIVE OR
SENATOR, CALL THE CAPITOL SWITCHBOARD AT 202-225-3121.
 
IMPORTANT! HANDWRITTEN LETTERS IN YOUR OWN WORDS ARE MUCH MORE EFFECTIVE
THAN FORM LETTERS AT CONVINCING ELECTED OFFICIALS OF YOUR SINCERITY AND
INVOLVEMENT WITH AN ISSUE.
 
 
 
 
          THE FDA, NUTRITIONAL SUPPLEMENTS AND MIND MACHINES.
 
                          Homer Wilson Smith
 
     The FDA is planning one of the scariest attacks on your personal
freedom and well being that has ever come down the pike, and the
scariest thing is, is that it will probably pass without anyone knowing
about it until it is far too late.
 
     You think the evening news has your best interests in mind?
 
     They exist on the advertising revenues for drugs and alcohol, you
ever see an ad for multi vitamins or Niacin during prime time live?
 
     In fact, the new laws HAVE ALREADY BEEN PASSED AND ARE SOON TO GO
INTO EFFECT but if you act now, and I do mean right now, you might be
able to help countering legislation go into effect that will protect
your rights and freedoms which the FDA and the American Medical
Association and the other purveyors of drug and medicine addiction are
planning to take away from you and your children.
 
    This is all described in the preceding articles in clear detail,
and you should read every word of them, and then write and fax the hell
out of your representatives in the House and the Senate letting them
know just where you stand on the subject of your health.
 
     Put bluntly what the FDA wants to do is ban the sale of
nutritional supplements, like vitamins and herbs and amino acids,
except those that contain no more than what can be found in natural
foods.  They wish to regulate high potency vitamins, B-100's, A
10,000's, E 1000's, C 1000's, D 400's, and NIACIN 100's, etc as DRUGS,
subject to the laws governing narcotics and criminal possession
thereof.
 
     Such high potency supplements would only be available by
prescription from a doctor, that you would have to PAY to visit and get
that prescription, and you would only get it for as long as the doctor
said you could have it.
 
     If he thought some of his higher priced, medicines were more
suitable for you, well then he could take you off of A, B, C, D, E,
IODINE, NIACIN, CALCIUM and MAGNESIUM, and put you on something more
reasonable like THORAZINE, LITHIUM, VALLIUM, PROZAC, CHLORPROMAZINE and
other stuff that God meant only for monsters.
 
     All herbs would also be regulated as drugs, lest anyone get well
or stay well growing something that didn't generate a tithe to the
almighty drug companies and Eli Lily.
 
    Whatever happened to growing your health in the back yard?
Whatever happened to allopathic and homeopathic medicine, what ever
happened to traditional wisdom on the subject of health care, disease
prevention and cure?
 
     Do you REALLY think that some guy in a white coat making $150,000
a year knows more than your 90 year old grandmother about how to live
long and prosper?
 
     Or is their whole game to suppress the symptom with some crazy
drug and charge a buck for it?
 
     Have we all become computer robots so that only the assigned and
certified technicians of the body are allowed to dispense cures and
biochemical alignment and peace?
 
     Vitamins, as you all know, are not produced by the body.  Dogs for
example can produce their own vitamin C, but humans can't.  Ever try
feeding an orange to a dog?
 
     Well my Joey would eat grapes...
 
     Anyhow, the B vitamins are used to catalyze the burning of ATP and
act as an important part of the energy cycle.
 
     Vitamin E is an anti-oxidant to keep everything else from turning
rancid in your body, and Vitamin C is used to help you clean out all
the toxins from your body.
 
     Smokers by the way have a much higher need of Vitamin C than non
smokers.
 
     Niacin, a B vitamin, is one of the most amazing substances known
to man, if you haven't tried it yet, GO DO IT.  If you are trying to
get off of cigarettes, niacin might help as it is related to nicotinic
acid.
 
     Niacin of course must be taken with a balance of the other
vitamins and minerals and iodine.
 
     Calcium and Magnesium are critical to the functioning of the
nervous system and the bone and teeth structure, and often a deficiency
of either will cause a person to be on edge continually.
 
     Anyhow, this whole god damn world is so polluted, the air is so
disgusting, the water so foul, and the quality of food is so depleted
and POISONED, considering how much processing it goes through to get
from there to here, that there is just no way normal doses of vitamins
are sufficient for many people to survive on this planet.
 
     One whiff of car fumes and I am dying like you wouldn't believe, I
mean it can ruin my entire day.  I used to be a heavy smoker, until I
quit, using A, B, crystal C, D, E, Iodine (from tincture), Niacin and
minerals.
 
     Gee and I though Iodine was POISONOUS!  Well don't go drinking the
entire bottle.  Just use 3 drops in orange juice with a teaspoon of
CRYSTAL C ALREADY mixed in it.  Just the reaction of the C and the
iodine is a wonder to behold, you just KNOW it's gotta be good for you.
Don't forget to take A, B, D and E along with it.
 
     Niacin in fact saved my life, along with Iodine and other
minerals.  I would be dead if it weren't for niacin.
 
     The DOCTORS wanted to cut me open and do surgery on my spine!
That would take care of the pain they said.  Right.
 
     Now there is another aspect to this, and that is mind machines and
bio feedback devices.  Again the AMA doesn't want anything to make you
well, stimulate your mind, raise your consciousness, tingle your toes,
or just make you feel better, that you can just go buy in a store.
 
     Or worse design for yourself on a work bench.
 
     The FDA wants to either ban these machines outright, or make their
approval process so impossible that none would remain on the market.
 
     They want you to PROVE the efficacy of such bio feedback and other
mind machines before they are allowed on the market, as if inner well
being can be proven to a jerk in a white coat.
 
     Besides you gotta be a human being before you can recognize that
someone else is doing better in life.
 
     Anyhow, the FDA has already gone through this process with the
Scientology E-meter and they lost that battle hook, line and sinker.
 
     But did they learn anything from that experience?
 
     NOOOOOOOOO!.
 
     Except how dangerous freedom of religion is along with the freedom
to know about yourself and do what you can to improve your own life
WITH YOUR OWN HANDS.
 
     So now they are trying for another stab at the mind machine market
by going after everyone else.
 
     I mean are we cattle in their genetic breeding farm?  Are they
afraid we might harm ourselves and ruin their plans for world conquest
through making a buck if we looked into our own well being and took
some responsibility for what we want to ingest or take into our own
bodies?
 
     What would happen if all the cattle in the world just up and said
'No more hormones!, we are going to eat what we want to eat!'
 
     Would the economy go under?  Should we all just shut up and take
whatever the government in its almighty wisdom and CARING feeds us?
 
     You know people are always pointing out, 'Well if you just let
people do whatever they wanted to, just whatever came into their little
ole heads, they would just eat sugar and candy all day long you know,
and then turn to drugs and other horrible things and the whole world
would just go to pot!'
 
     You want to know what the world's biggest addiction is?
 
     DOCTORS.
 
     This is deadly serious business. In my personal blind, ignorant,
biased, and prejudiced opinion the FDA, the AMA, the WHO and the NIMH
couldn't give a damn about your health or your well being, they care
only about their own power and the pocketbooks of their masters.
 
     Entire companies will go out of business if these laws are allowed
to pass or stand, populations will be at the mercy of the AMA quacks
and psychiatric drug dealers, and free thought and experimentation on
the subject of health and inner well being will become criminal by law.
 
     You want this?
 
     Well read on if you don't, and for heaven's sake write your
congressman today, fax them, tell them what you think, give them a
piece of your mind.
 
     If enough people give their congressmen a piece of their mind,
maybe they will have a mind too!
 
     And by all means redistribute this posting to as many people as
you can who might care about our freedoms and personal free choice in
this matter of our physical well being.
 
    I am sorry if this posting has been a bit hysterical or off the
wall, but hell I have a reputation to upkeep.
 
     Besides some of my best friends are doctors.
 
     And now that I have written this, I guess I should consider making
friends with a few lawyers too, eh?
 
     Homer Wilson Smith
 
 
 
 
                     HEALTH FREEDOM IN AMERICA 1992
                   KEY POINTS USUALLY NOT DISCUSSED.
 
     This is written as an addendum to pro-choice discussions about
health freedoms which, it is assumed, properly speak for free choice of
dietary supplements and properly identify the pending legislation worthy
of attention.  This document is intended to do 2 things only:  (A) Point
out how important it is to frame the issue as a matter of Minority
Rights and tolerance of diversity and (B) point out how important it is
to preserve protections not only for vitamins and dietary supplements
but also for harmless devices.
 
     Health Freedom must be discussed as what it is if the communication
is to be effective: It is an issue of minority rights.  It is not an
issue about consumer protection, nor is it an debate about the validity
of health alternatives.  The FDA can counter many of our opinions.  It
cannot counter our primary point: that the FDA will not tolerate
minority views.  It decides what is legitimate and what is not, and it
will not allow products used by people holding dissenting views about
health and medicine to be marketed.  If the issue is discussed in these
precise terms only, the grassroots support for freedom will be enormous,
and we can defeat these important erosions of our basic freedoms.
 
     Currently, the FDA forbids treatments and products which it deems
unsupported by "scientific consensus" not just over questions of safety
but also EFFICACY as determined by the FDA.  MANY Americans disagree
with the FDA's reading of what is a "scientific consensus" particularly
regarding efficacy, and our rights to access alternatives we value are
already compromised.  The FDA tends to function in a way that enforces a
monopoly.  This monopoly defines the kind of medical care available in
the USA.  In the name of consumer protection, providers of any
alternative medical care, dietary supplements and health-related devices
are sometimes already, and in the future may be more fully and
frequently forced to prove efficacy to the FDA, a prohibitively
expensive and time consuming process except for large, well financed
corporations.  If alternatives are marketed without such approval, the
FDA can enforce its prohibition of alternatives without affording the
providers of alternatives "due process".
 
     There exists a "revolving door" between the medical/pharmaceutical
industry and the FDA.  FDA personnel tend to be hostile to healthcare
alternatives that don't come out of the mental set which they share with
the "orthodox" medical community.  They are blind to these biases, and
they freely enforce these biases to the point of prohibiting access to
alternatives they frequently do not understand.
 
     New legislation threatens to increase FDA regulation & harassment
of alternative healthcare providers and companies making and selling
dietary supplements and devices.  Other new legislation may help
safeguard access to alternative choices.  This is extremely important
legislation.  The primary supporters of the objectionable legislation
have been liberal Democrats (Waxman, Dingell, Kennedy & Metzenbaum) and
the primary opponents of the objectionable legislation (and primary
sponsors of the protective legislation) have been conservative
Republicans (Hatch).  This does not set out an appropriate position for
progressives (liberals and Democrats).  It is critical that Democrats
publicly break with Waxman, Dingell, and their anti choice legislation
and anti choice influence in Congress.  Countless voters care deeply
about this issue & the pending legislation.  Because it is a deeply-felt
issue, having to do with key choices about our own bodies and well-
being, it is highly emotional, and it will politicize many successful,
articulate people.  It will build as an issue & it won't go away.
 
     Devices are very important, too.  As our view of the human body
includes more and more awareness of electromagnetic mechanisms and
"energy" we will want to approach our own health not just via chemistry
but through physics.  Physics means devices.  Devices which are (1) non-
invasive and safe, and which (2) are not claimed to cure disease
conditions, need to enjoy protections similar to those we have won for
vitamins and are working towards for all other dietary supplements.  If
this is left out of our protective legislation, then we'll have missed
an essential dimension of our needed protections.  20 years ago the
Proxmier Amendment left out protections for various dietary supplements
when it protected vitamins, and now we are having to fight for our basic
rights yet again because of this omission.  Devices will be the next
"hole" in our rights if we don't get them protected now.

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