Guest guest Posted December 4, 2008 Report Share Posted December 4, 2008 > > Awesome!� This�will be�good�change for everyone to�get more info about care clinics.� Thanks for posting this ! This is wonderful having the opportunity of anyone interested hearing of all treatment center as option for anyone seeking this journey in which we search for solutions to assist our individuals when all else fails and yes great to see the pros & cons as everyone is different and it is all about the choices we seek which may match our needs. You know the biggest hurdle though is the fact of us who have witness our individuals benefiting from the alternative biomedical intervention to write to our Legislature as there is so much going on at this time. Rumors going on in regards to issues like on what has been posted on other listserve, as this one and if anyone has any further information in regards to this, please share this my or our way, thank you. *** Changes in regards, posting as is. RE: BIG changes with DAN! I felt you all should know this information: The Diver's Alert Network attorneys just sent letters to all the practitioners on the Defeat Autism Now list warning them to cease and desist using DAN! or legal action would ensue. Also, there is no such thing as a DAN! practitioner. ARI states that you have to say a practitioner who has attended training sessions at the Defeat Autism Now! conferences. or Colleagues and Friends of Texas Health Freedom, Please read the real story below, from our friends and allies at the National Health Federation, concerning the recent scare about the FDA allegedly banning supplement shipments across state lines. We are grateful to the NHF for providing us the facts. Do we need to be watchful? Absolutely! Do we need to panic? No! We will continue to provide you with factual information from reliable sources as this situation continues to unfold. Again, many thanks to the NHF for their factual account. McCarthy, CTN Chair -----Forwarded Message----- From: National Health Federation Sent: Dec 1, 2008 9:49 PM To: texascam Subject: FDA Asks for Comments, Some Declare " End of the World " PRESS RELEASE SHAKING DOWN THE CROWD FOR SHEKELS †" WHAT IS REALLY GOING ON WITH THE FDA By Tips President, National Health Federation December 1, 2008 You would have thought Pearl Harbor was being bombed. FDA SAYS " NO SHIPMENT ACROSS STATE LINES IF STUDIES ABOUT SUPPLEMENT HAVE EVER BEEN PUBLISHED! " To read more about this threat, we had to skip first across the, as usual, prominent DONATION button and scan down the page, but we were able to make out that this organization claimed that the end might be near for dietary supplements unless action was taken now. Because of this organization's previous and current exaggerated claim to have been responsible for the placement of certain saving language in the FDA Amendments Act of 2007 ( " Nothing in this title (or an amendment made by this title) shall be construed to affect-- (1) the regulation of dietary supplements under the Dietary Supplement Health and Education Act of 1994 (Public Law 103-417 " ), when in fact the language was already in place in the bill at the time of the organization's call for action, we raised yet another collective eyebrow at its most recent cries of calamity. For the average person receiving these sendouts, and hoping to be factually informed, it is impossible to know, without extensive research, what is factual and what is not. Of course, through our attorneys and lobbyist, we were aware that the Food and Drug Administration (FDA) was requesting comments about implementing a 2007 law that prohibits interstate shipment of foods with drugs in them or for which substantial clinical trials have been conducted and published. And although the National Health Federation is often at odds with the dietary-supplement and health-food industry trade associations, we saw that those associations had submitted well-researched and well-reasoned comments, with which we generally agreed, to the FDA on the issue. Here is what is really happening. The Facts Last July, the FDA requested comments be submitted " relevant to the implementation of section 912 of the Food and Drug Administration Amendments Act of 2007 (FDAAA). Section 912 of FDAAA establishes section 310(ll) in the Federal Food, Drug, and Cosmetic Act (the act), which prohibits the interstate shipment of certain foods to which an approved drug or a licensed biological product has been added. Section 301(ll) also prohibits the interstate shipment of foods containing an added drug or a biological product that has been the subject of substantial clinical investigations, the existence of which has been made public. FDA requests that interested persons submit data, information, and comments that will help provide a context for the agency’s decisions on implementation of this provision. " [Federal Register, Vol.73, No.146 at 43937 (7/29/08)] Note that at this stage no rules or regulations are being issued by the FDA. In fact, there has never even been any Advanced Notice of Proposed Rulemaking given on this matter. That is still out in the future. Right now, all the FDA has done is asked for public comments before any rulemaking process actually starts. Many substantial comments have been submitted. The Law First of all, it's important to realize that our own beloved Dietary Supplement Health and Education Act of 1994 (DSHEA) itself prohibits the inclusion into a dietary supplement of any ingredient authorized for investigation as a new drug. (Section 201(ff)(3)) So, this general wording is not new at all; it has been around for 14 years. The possible danger here arises from the fact that the FDAAA's corresponding section, Section 301(ll), does not specifically require that such investigations be authorized. The " authorized " language under Section 201(ff)(3) is important because it means that these clinical investigations have been authorized by the FDA pursuant to an attempt by the sponsor to have the product approved as a new drug. This is an expensive, lengthy process that cannot just be launched on a whim. Under the looser wording of Section 301(ll), the risk is that anyone †" especially pharmaceutical companies or predatory supplement companies †" could launch a clinical investigation on an ingredient, publish the data, and then they or the FDA could claim that the ingredient is no longer a dietary supplement but a drug. Or, even worse, the FDA could decide on its own that some dietary supplement such as Omega-3 oil, which has almost 5,000 published studies on its beneficial effects, fell within the " clinical investigation " ambit of Section 301(ll) and would henceforth be treated as a drug instead. That is the essence of what the trade associations and many persons are concerned about. However, as the law firm of Ullman, Shapiro & Ullman has backed up with substantial legal research in its comments submitted to the FDA last month, the FDA has no authority to apply Section 301(ll) to dietary supplements because Section 301(ll) neither amends nor overrules Section 201(ff)(3). Practically everyone else †" including the NHF †" joins in this assessment. NHF's Observations Importantly, the law has not been changed by the FDA, as some have said. Rather, the law is already in place. Nor have even rules or regulations been proposed by the FDA - yet. That is somewhere down the road. This is just the earliest sniffing stages of the process by FDA. Of course, other health-freedom groups feel pressured to join in the cry of imminent and severe danger, at the risk of losing credibility with their members. It almost becomes a game of the lowest common denominator, where the more offbeat claims are the ones most believed (and funded) by the health-activist movement. To take that route, however, risks the credibility of all of us alike. Yes, there are real threats to our health-freedom rights in America as well as throughout the World. All must be alert to and act against those threats. And this initial request for public comments may turn into a threat from the FDA should it foolishly decide to propose rules or regulations that would conflict with Section 201(ff)(3) of DSHEA. But, the FDA has not taken that stand yet. Should it, then the firestorm that would descend upon FDA †" let alone the lawsuits †" would and will be enormous. We at NHF have been taking the unpopular stand for nearly 54 years now and have never been afraid to do so. We have a long-standing reputation of being factual and truly working only for the public good (not simply sending out alerts that are hollow, donation getters, or product pushers). So, we will risk our popularity by not jumping on the latest " scare the public " bandwagon. We will instead tell you the truth: Be concerned and alert to future developments. But don't be stampeded into panic. We will keep you informed. ******************** For more information on the FDA click here- http://www.thenhf.com/fda.html Click here for the permanent link to this press release, use this link to inform others. National Health Federation: Established in 1955, the National Health Federation is a consumer-education, health-freedom organization working to protect individuals' rights to choose to consume healthy food, take supplements and use alternative therapies without unnecessary government restrictions. The NHF is the only such organization with recognized observer-delegate status at Codex meetings. www.thenhf.com There is more but thought I post this for now as we should TAKE ACTION where needed on what we believe for when there are positive progress when seeking the alternative biomedical intervention. Irma Quote Link to comment Share on other sites More sharing options...
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