SENATOR DURBIN TRIES TO KILL YOUR MLM BUSINESS
25 May 2012 Last Tuesday In a dirty sneaky, eleventh-hour attempt Senator Dick Durbin (D-Ill.) tried to shut down essentially the whole supplement industry inside an amendment pertaining to prescription drug user fees. Thank heavens in a vote of 77-20, the U.S. Senate voted to table Amendment No. 2127, which would have created "duplicative, unnecessary, and unexpected new regulations" for the supplement industry that could have resulted in many common supplements being pulled from MLM Companies.
Durbin snuck in the amendment (no.2127) Into the legislative process hidden behind S. 3187, the Food and Drug Administration Safety and Innovation Act, which was set for a vote. Because of action by pro supplement forces like the Association of Network Marketing Professionals (ANMP) this horrible Amendment was defeated.
To the surprise of the entire natural health community, the unveiling of Amdt. No 2127 came late Tuesday afternoon, according to the Natural Products Insider (NPI), just one day before the bill to which it was attached, S. 3187, the Food and Drug Administration Safety and Innovation Act, was set for a vote. But because the natural health community immediately sprung into action to oppose Amdt. No 2127, it was successfully defeated. Editors Note: It was crazy getting people on the phone to stop this, what I call criminal activity. At least some folks got to talk to their Senator's offices something they had never done before. Thanks to the http://www.theanmp.org/anmp/
NATURES PEARL TOO GOOD FTC HAS TO TAKE A WHACK AT THEM!
3 May 2012 The FDA has no good sense of humor when it comes making claims that could put their Pharmaceutical buddies out of business!
FEDERAL DISTRICT COURT RULES AGAINST FTC
IN NUTRITIONAL AD CASE
SEND THIS LINK TO YOUR MLM COMPANY OWNERS
THE FTC IS KEEPING IT SECRET! 1st TIME EVER COURT DOCS MARKED "NOT FOR PUBLICATION"
MLM WATCHDOG EDITORIAL OPINION: This makes a GREAT precedent case out of a Federal District Court in case of Nutritional sellers including MLM. The FTC has maintained that scientific evidence of any kind is no good for Marketing Nutritional's. The MLM Distributor Rights helped introduce HR 3395 The Health Freedom Act to override violations of freedom of speech by the FDA. This court action helps in our legislative battle.
17-Aug-2009 A Federal District Court has ruled against the Federal Trade Commission (FTC) in favor of a nutritional supplement firm, in a landmark case. The Judge said the FTC’s criticism of the company’s advertising was a “difference of opinion”.
The FTC originally moved against LaneLabs in 2007, saying it made unsubstantiated claims for its calcium and male fertility supplement products. The case was finally heard this month.
The FTC works with the Food and Drug Administration (FDA) to control nutritional product advertising, it claimed that LaneLabs violated an earlier decree by making unsubstantiated claims for AdvaCal and Fertil Male. The FTC wanted the company to pay a fine of $24 million dollars.
US District Court of New Jersey, presiding Judge Dennis Cavanaugh denied the motion, on the grounds that LaneLabs had “clearly offered support and substantiation for the claims regarding their products”.
“This is not a case of a company making claims out of thin air,” stated the Judge’s opinion. "The court noted LaneLabs hired a compliance officer and sought expert advice to interpret the scientific evidence it used to for its claims". The court went on to say, “LaneLabs found a product and obtained scientific evidence that the product is efficacious. LaneLabs then consulted experts who opined that the research supporting the product and the product itself were good.”
Product claims: AdvaCal, marketed since 2000, comes from oyster shells, that are ‘super-heated’ to produce calcium hydroxide and calcium oxide. Then its mixed with a heated algae ingredient to enhance the absorbability of the calcium.
First Claim that FTC took issue with: Were that AdvaCal can “build bone density”, that it is the “only” calcium that can increase mineral bone density, and that it is “clinically shown to be three times more absorbable that other calciums”. Second Claim that FTC took issue with: Fertil Male is derived from the Peruvian plant root Lepidium meyenii, also known as LMG or maca. The product has been marketed as a “natural supplement for male fertility” since 2003, and claims it is “clinically shown to promote sperm count and motility”.
In its complaint, FTC stated that these claims were “unsubstantiated”, and that the results of scientific trials had been “misrepresented”. They went on to say, “The Defendants’ unsubstantiated claims constitute contempt and have resulted in injury to consumers,” stated the FTC complaint.
Expert witnesses: During the hearing for the case, held in April this year, FTC and LaneLabs had each presented two expert witnesses, who were physicians, researchers or professors of medicine. They were all found by the court to be “credible and knowledgeable in their respective fields of expertise”. The Court went on, “In considering the testimony offered by all of the experts the difference between FTC’s experts and the Defendants’ experts came down to a difference of opinion – not necessarily matters of right and wrong.”
The court said, ‘All reasonable steps’ taken: None of the FTC’s experts said the products in question were not effective or constituted a health risk to the public. The court said, “The FTC had provided no evidence that consumers had complained or were harmed by the use of the supplements.” Concerning previous FTC action the court said that LaneLabs undertook “significant efforts” and “all reasonable steps” to be compliant with previous Consent Orders. The Court went on, “In this Court’s opinion, to tell Defendants that their efforts were not good enough years after not advising them of any compliance issues is disingenuous and is highly relevant to the inquiry into whether Defendants should have done something different in the first instance,” it sated.
FTC’s limits: According to Jonathan W Emord of Virginia-based law firm, Emord & Associates, the case is a “rare and signal victory”. “This case recognizes largely for the first time that FTC’s discretion has limits and may not overcome good faith, science-backed efforts at compliance simply based on the whim or caprice of the agency’s enforcers,” he said.
FEDERAL DISTRICT COURT CASE ABOVE>
AUGUST 2009 >Congressman Ron Paul Taking H.R. 3395 Back into House Of Represenatives!
THE COALITION TO END FDA AND FTC CENSORSHIP
The MLM Distributor Rights Association and MLM WatchDog are Founding Members of the Coalition
HOLD OFF -PETITION BELOW TILL Dec 1: Make a 100 copies of the petition pdf below and have everybody you
know sign them including your local nutrition stores! Help get
The 2009 Health Freedom Protection Act H.R. 3395 (old 2117 & 4282) passed!
& Have Them Mailed Back To The Address On The Bottom Of The Petition!
Hold off...Rod Cook Saez ---wait to SIGN UP BELOW!
The FDA and the FTC routinely violate our First Amendment rights. That is why we so very much need your signature on the petition to Congress to Pass House Bill H.R. 3395. Please sign up below!
KEEP GOING SIGN UP BELOW!
H.R. 3395 IS TO HELP ALL MLM COMPANIES!
Want to Participate? Luv Ya! Rod Cook MLM WatchDog
The WatchDog is looking for volunteers to put on a "March" on Washington! This not a protest March but a visit your Congress Person "March about H.R. 3395." It is the chance of a lifetime to tour the Hallowed Halls of Congress with a pass and permission! NOT MANY PEOPLE GET THIS CHANCE IN A LIFETIME!
COMING IN 2010 !
DO YOU WANT TO HELP RUN A PEACEFUL "MARCH" ON WASHINGTON TO SUPPORT
The Health Freedom Protection Act H.R. 3395
THE EXPERIENCE OF A LIFETIME BE PART
OF THE LEADERSHIP:
1. Do hourly training to marchers (visiting House and Senate Offices) or:
2. Work registration for the Marchers at training sessions the day before the March?
3. Make and Issue Security ID Badges for each hourly training session for Marchers?
4. Work on the Mall, by the House and Senate Buildings as a Guide?
5. Come in 2 days early to make copies & work on Information Packs and folders for the marchers?
If so please put a note in the comments
Box to the right about your interests
COPY AND PRINT THE ARTICLE BELOW FOR PEOPLE WITH QUESTIONS - OR FOR YOUR WEBSITE!
A REVIEW TO HELP PEOPLE WITH QUESTIONS
The Health Freedom Protection Act H.R. 3395 of 2009 (former 2117 & 4282)
-By Rod Cook, The MLM WatchDog
The Food and Drug Administration is in the business of censoring health information. You may recall how the FDA prohibited the claim that folic acid reduces the risk of neural tube defects (NTDs) for four years while the Centers for Disease Control and Prevention recommended to every woman of childbearing age taking that supplement to reduce NTDs. FDA thereby contributed to an estimated 10,000 preventable NTDs. The FDA continues this same kind of censorship despite four court orders condemning the practice as a violation of the First Amendment.
There is a wealth of scientific evidence that glucosamine and chondroitin sulfate are effective in the treatment of osteoarthritis, that omega-3 fatty acids may reduce the risk of sudden death heart attack, and calcium may reduce the risk of bone fractures. Yet, the FDA prohibits each of those claims.
In the Dietary Supplement Health and Education Act this Congress compelled FDA to let the public have access to scientific articles and publications on the role of nutrients in disease. FDA has defeated that purpose of DSHEA by deeming every article of that kind of evidence of a company's intent to sell a drug. Rather than give the public access to health information, FDA has ensured that the public is deprived of it.
Indeed, FDA prohibits every claim that a nutrient treats a disease whether true or not. House Bill H.R. 3395 The “Health Freedom Protection Act” would end that practice of censorship. It would codify the First Amendment standard adopted by the federal Courts but that FDA refuses to apply. It would open the marketplace to all manner of truthful health information. It would make the consumer King and the government the consumer’s servant, as it should be.
The Health Freedom Protection Act (House Bill H.R. 3395) not only prevents FDA from denying the public access to health information, it arrests actions by the FTC that are destroying businesses all across the United States.
Under the First Amendment, the government must prove an advertising statement false before it may act against that statement. Under FTC’s regime, no company can advertise a health benefit for a product unless the company has proof to a near certain degree that the statement is true. This is virtually impossible. To prevent FTC from blocking innovation and evolution in the marketplace, we have got to limit its role to regulating illegal activity and not freedom of speech.