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The Free Speech About Science Act – H.R. 1364 and the Criminalization of Speech About Food Act – S.216

By Administrator on May 4, 2011 No Comments

Natural Solutions Foundation
Your Voice of Global Health & Food Freedomâ„¢
www.GlobalHealthFreedom.org
www.GlobalFoodFreedom.org

The Free Speech About Science Act – H.R. 1364 / The Criminalization of Speech About Food Act – S.216 / HR 1364, S.216 and the Struggle for Health and Food Freedom Action Item: http://tinyurl.com/healthfreespeech.

Yes, it’s always nice when members of Congress respond to net-roots Push Back and introduce bills that would offer further protection for our Health and Food Freedom of Speech. And we are sure the latest such bill, H.R. 1364, entitled the Free Speech About Science Act, introduced in the House of Representatives April 2011 by Congressmen Jason Chaffetz (R-UT) and Jared Polis (D-CO) is such a bill. We’ve been calling for further legal protection for years. HR. 1364 ought to be amended to truly protect health free speech.

The Natural Solutions Foundation’s Health and Food Freedom proposals, linked through the Health and Food Freedom of Speech Action Item, at http://tinyurl.com/healthfreespeech are detailed and include more than the current bill. Nonetheless, we certainly urge you to use the above Action Item to support that bill and urge its improvement.

Our gripe is aimed not at all those good folk who turn to Congress for protection, but at the Congress-critters who vote to protect us (or not) only to do nothing when the FDA thumbs its collective nose at Congress and the People by ignoring the protective laws Congress has adopted. As one astute observer, Diane Miller, JD noted, the bill “continually uses the term ‘legitimate scientific research’ as the threshold for ‘permission to speak’.” This, of course, restricts substantiation to officially approved science… the ghost of Lysenko-ism and more govt-sanctioned voodoo “science.”

Frankly, we thought we had won the battle over being allowed to communicate truthfully about health and food in Congress and in the Supreme Court.

We thought that’s what DSHEA was supposed to have done in 1994 with its Third Party Literature Provisions. Those provisions were further supported by the 1997 Labeling Commission which stated,

“Historically, FDA has considered literature used directly in connection with the sale of a product to be “labeling” for the product. Section 5 of DSHEA exempts certain publications used in connection with the sale of dietary supplements from being defined as “labeling.” The exemption applies to “a publication, including an article, a chapter in a book, or an official abstract of a peer-reviewed scientific publication…”

And again we thought this matter had been determined by the Supreme Court in the 2002 landmark Thompson v Western States case, wherein the Court opined:

“If the First Amendment means anything, it means that regulating speech must be a last – not first – resort. *** We have previously rejected the notion that the Government has an interest in preventing the dissemination of truthful commercial information in order to prevent members of the public from making [even] bad decisions with the information….”

Finally even the FDA “enabling act” of 2007 specifically exempted DSHEA products from enhanced FDA oversight.

But repeatedly FDA has ignored these legal restrictions, prompting Dr Ron Paul to remark that, when the Congress gives more power to FDA, the agency always engages in an “abuse of power…” A couple years ago it ignored the 2007 restrictions to exceed its power and ban the interstate sale of certain vitamins. Just last year it sought to ban the entire Ear Candling industry and asked the Courts to recognize NO right of Americans to make their own dietary choices.

This is an agency run-amok. An agency that is so incompetent that about half of the dangerous drugs (including vaccines) it approves must be withdrawn from the market, or strictly curtailed, within 5 years of approval, thus proving that the Public has become the final stage in drug company research and development. All the while, supporting drug company exemptions from legal liability for the horrendous harm they cause the Public.

Meanwhile, what we call Sen. Leahy’s Criminalization of Food and Speech bill, which claims to “increase criminal penalties for certain knowing and intentional violations relating to food…” but applies only to SPEECH, has reared its ugly head again, as S.216.

This onerous bill has cleared the Senate without hearings, by “unanimous consent” [where were you when Freedom needed you, Senators Paul and Lee?] The operative language of the bill is:

Any person who violates subsection (a), (b), (c), or (k) of section 301 with respect to any food–(A) knowingly and intentionally to defraud or mislead; and (B) with conscious or reckless disregard of a risk of death or serious bodily injury, shall be fined under title 18, United States Code, imprisoned for not more than 10 years, or both.’

Yes, Congress, can pass new laws to protect us from its agents — or subject us to even more harassment.

But better, DIVEST THE FDA OF FOOD AUTHORITY! Let it stick to messing up dangerous drugs and deadly vaccines… FREE US from this bureaucratic nightmare that leads to hundreds of thousands of unnecessary deaths every year!

And that’s our gripe about a bill that’s been introduced with the best intent, but with hardly enough clout to do the job of restoring our Health and Food Freedoms. To do that, please go to to www.HealthFreedomUSA.org for more information and more Action Items!

Health and Food Freedom Action Item: http://tinyurl.com/healthfreespeech.

Categories : 01 Food ebook, 06 Health Strategies, Blog / Vlog, The Law & CODEX

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