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Take Action to Prevent Regulations Banning Protected Supplements From Interstate Commerce
Despite clear protection for all supplements covered by the 1994 Dietary Supplements and Health Education Act (DSHEA) in the FDA Amendments Act of 2007 (Public Law 110-85), the FDA is once again seeking to impede the right of Americans to access, choose and use health products and nutrients. DSHEA classified supplements, nutrients and herbs as substances, which were to be treated as foods, not drugs. As such, their dose and composition was a matter for personal choice and market forces to determine since they were not to be regulated as drugs.
This legal protection has been an anathema to the FDA which declared after DSHEA's adoption by unanimous consent by the US Congress that it was the worst law ever passed. FDA's continuing assaults on dietary supplements and related protected substances has been consistent and unrelenting. Natural Solutions Foundation ascribes this to the enormous influence of the Pharmaceutical Industry on the FDA since low cost, safe and effective nutrients are the single most significant economic competitor faced by high cost, toxic and often lethal drugs. When Public Law 110-85 was being debated by the US Senate, Natural Solutions Foundation health freedom advocates prevailed upon Senator Harkin (R-IL) to introduce language stipulating that nothing in the bill should apply to products and substances protected by DSHEA. That language was adopted and preserved in the final bill under as adopted by the US. Congress. Natural Solutions Foundation Health Freedom advocates fought hard to convince Senator Harkin (R-IL) to force inclusion of language exempting dietary supplements from the provisions in the law. That protective language is the law of the United States of America, enacted as Section 1011.1, Rule of Construction:
"Nothing in this title (or an amendment made by this title) shall be construed to affect--the regulation of dietary supplements under the Dietary Supplement Health and Education Act of 1994 (Public Law 103-417)"
None the less, the FDA is currently promulgating a Draft Regulation which would make it illegal to ship nutrients and supplements in interstate Commerce if any scientific study existed about that substance, considering that such study is, in and of itself, sufficient to classify this product or substance an untested drug. Clearly, this thinly veiled, and thoroughly illegal, attempt to destroy the supplement industry serves to demonstrate clearly the vigorous opposition of the FDA to both health freedom and to being restrained by US law when it does not serve the interest of industrial forces which determine FDA policy.
Please join me, during the few days that we have remaining, in sending your strong opposition to this unwise and illegal regulation. Please join me, too, in sending this information to everyone on your contact list urging them to protect their health and their freedom to make their own health choices at the same time.
Yours in health and freedom,
Dr. Rima E. Laibow, MD
Natural Solutions Foundation