Supreme Court Repealed DSHEA Today By Denying Writ of Certiorari on Ephedra Case- Need to Amend S.1082/HR1561 Now Critical

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Subject: Supreme Court Repealed

DSHEA Today By Denying Writ of Certiorari on Ephedra Case- Need to Amend

S.1082/HR1561 Now Critical

US SUPREME COURT

SCREWED THE VITAMIN CONSUMERS OF AMERICA TODAY MAY 14, 2007- WHATS

NEXT....

IAHF

List:

Today,

May 14, 2007 the Supreme Court denied the Writ of Certiorare in the

Ephedra Case (See http://www.supremecourtus.gov/orders/courtorders/051407pzor.pdf

see 06-922 Nutraceutical et al v Echenbach, Comm'R, FDA et al

WHAT THIS MEANS

By

taking this action, the Supreme court has effectively scuttled DSHEA

because this now means that the FDA can do the same sort of flawed, drug based " risk/benefit "

assessment that they used to (fraudulently) ban ephedra to ban ANY dietary

supplement on equally flawed grounds (on a whim), in other words, the Supreme

court intends to allow the FDA to regulate foods as DRUGS despite congressional

intent with DSHEA that dietary supplements be regulated as FOODS and NOT

as DRUGS (!!!)

HOLD ONTO YOUR HATS FOLKS- THIS

IS GETTING REALLY UGLY

This

truly puts vitamin consumers behind the 8 Ball, leaving us wide open to anything the FDA wants to do from here on in

unless we can mount a campaign big enough to

get a now ABSOLUTELY CRITICAL amendment into S.1082/HR1561 to protect

ourselves, but we find ourselves in the following very strange predicament:

Senators

Hatch/Harkin/Kennedy and Enzi all INSISTED in a colloquy in

the May 2 Congressional Record

that there is " nothing " in S.1082 that undoes DSHEA, and the (pharma

dominated) Natural Products Assn (formerly

NNFA) has announced this colloquy to the world on the front page of their

website which will put vast numbers of health

food stores and vitamin manufacturers to SLEEP on

the issue unless we can all work together to WAKE THEM

UP! (See their announcement for Thursday May 3: http://www.naturalproductsassoc.org/site/PageServer

Ironically,

even as they made this erroneous announcement, the Natural Products Assn

filed an Amicus Brief regarding the Ephedra case which fully bears out the importance

of the Supreme Court taking this case on to stop the FDA from continuing to

violate the law as they did when they banned Ephedra by using a drug based

risk/benefit analysis that DSHEA doesn't allow them to do: http://www.naturalproductsassoc.org/site/PageNavigator/ic_amicus

Its obvious to IAHF that the Natural Products

Association, Senators Hatch, Harkin, Kennedy and Enzi

either fail to grasp the nature of the threat posed by allowing the words

" Food " and " Food Ingredients " to remain in S.1082 in the

provision establishing the Reagan Udall Institute, and fail to grasp the sort

of arbitrary decision the FDA will be allowed to make regarding Food Safety via

their " Critical Path " technology, or they DO understand this all

too well and are just PRETENDING not to understand our

concerns.The NPA does have pharmaceutical companies amongst their membership,

and have never enforced their conflict of interest disclosure bylaw and the

front office of the trade association has always seemed unduly influenced by

pharma due to this.

The huge number of dietary supplement consumers

who have contacted Hatch and Harkin's offices requesting that the

words FOOD and FOOD INGREDIENTS be REMOVED from the section of S.1082 that

creates the Reagan Udall Foundation for the FDA were ABSOLUTELY CORRECT in their concern!!

Biomarkers

are changes in proteins at the cellular level. Through the critical path

initiative outlined in S.1082, Hatch/Harkin/Kennedy/ and Enzi intend

to allow the FDA to evaluate FOODS and FOOD INGREDIENTS

(including Dietary Supplements) on a totally ARBITRARY BASIS

based on FDA's interpretation of how they

effect biomarkers. This new science of Proteomics is in its infancy, yet it is

highly PREDICTABLE that if you allow the FDA to create a pharmaceutical drug

development company inside of itself (as you clearly are with this Reagan-Udall

Foundation) that you've created a much bigger conflict of interest than has

EVER existed at the FDA.

Such

an entity would profit from the creation and patenting of drugs that it

develops and this would absolutely set the stage for the FDA to go after SAFE

dietary supplements based on totally arbitrary interpretations of safety based

on how a given product impacts certain biomarkers. It is ESSENTIAL that we get

language written into this legislation which protects us.

Back

in 1989, NNFA (now the Natural Products Association) was initially in FAVOR

of a horrible bill called the NLEA

or Nutrition Labelling and Education Act. This legislation effectively repealed

the Proxmire Vitamin Act and set the stage for huge FDA attacks on the dietary

supplement industry. Due to Pharma penetration of the trade association back

then which persists to the present day, incredibly, NNFA was initially in FAVOR

of this bad bill and didn't REVERSE their position til our grass roots

information campaign kicked into high gear and the trade association realized

that unless they pulled a " 180 " on the issue that their membership

would MUTINY in large enough

numbers that they wouldn't be able to pay the salaries of their office staff or

keep the organization going.

When

I first read the language of the NLEA it was the summer of '89, the hardest

time of year to rally the grass roots to do anything due to so many people

being on vacation or doing things outdoors so that they weren't paying

attention to what was happening right under their noses. I was shocked by the

magnititude of the threat, and dropped everything I was doing to jump in with

both feet to try to educate anyone who would listen in an effort to catalyze a

fight back.

I

remember at first being perplexed and astonished when the vast majority of

health food store owners wouldn't lift a finger to help circulate the form

letter that Clinton had told me needed to be urgently circulated to get

people calling Congress.

When

I learned that NNFA was behind these store owners sitting on their hands my jaw

dropped and I really got frantic!

We find ourselves in a nearly

IDENTICAL dilemma today! IAHF is teamed up with Byron s in an effort to

take certain actions which can hopefully rapidly generate a MUCH higher level

of awareness and understanding so that (hopefully) we might yet get Senators

Hatch/Harkin/Kennedy/Enzi and the Natural Products Association to OPEN THEIR

EYES.

Byron s is currently

working on a new article that we'll have out very soon with a new set of

instructions that will help us all to fight back with maximum possible

firepower.

Those

who do not learn from history are too often doomed to REPEAT history. Well I

LEARNED a LOT from what happened back in '89

because we FAILED to turn NNFA around fast enough, we FAILED to kill the

Nutrition Labelling and Education Act. As a result, the FDA came out with the

implementing regulations from HELL in the form of the Dykstra Report--- and

that NECESSETATED the FRENZIED 4 year campaign to pass

DSHEA which in TURN is now under the biggest attack that its EVER BEEN, yet you would never know it by going into ANY

health food store in this country! Together, we're going to wake up these

health food store owners, just like we did in the early 90s!! WE CAN TURN THIS

AROUND, WE MUST!!!

Stay tuned folks, lots of phone calls and important emails

got sent today relative to this situation. IAHF is not asleep at the switch,

and thank God neither are ANY of you!

We'll have a complete new set of instructions out momentarily

and I will be going to Capital Hill soon in an effort to get a now even MORE

needed amendment in to S.1082/HR1561, but you never just GO to the Hill, you go

with a PLAN and we're developing one NOW!

Your donations will help us make the trip to DC that we're planning. In the

mean time, please alert more people to sign on to the IAHF email distribution

list for updates at http://www.iahf.com because there is safety in numbers.

IAHF 556

Boundary Bay Rd.

Point WA 98281 USA

Via paypal at http://www.iahf.com/index1.html

For Health Freedom, C. Hammell, President International Advocates

for Health Freedom 556 Boundary Bay Road Point , WA 98281-8702 USA

http://www.iahf.com jham@... 800-333-2553 N.America 360-945-0352 World

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