Time: Sat Jul 26 07:21:58 1997 by primenet.com (8.8.5/8.8.5) with ESMTP id HAA12097; Sat, 26 Jul 1997 07:09:28 -0700 (MST) by usr06.primenet.com (8.8.5/8.8.5) with SMTP id HAA10678; Sat, 26 Jul 1997 07:07:50 -0700 (MST) Date: Sat, 26 Jul 1997 07:07:17 -0700 To: (Recipient list suppressed) From: Paul Andrew Mitchell [address in tool bar] Subject: SLS: FDA COMMENTS DEADLINE- FORM LETTER TO FAX/EMAIL (fwd) <snip> > >John Lesso- Please post to website under EMERGENCY ALERT/FAX IN FORM LETTER >BEFORE AUGUST 4 > > >RED ALERT VITAMIN CONSUMERS: COMMENTS PERIOD ENDS AUGUST 4th ON REPORT >WHICH THREATENS TO GIVE FDA MORE POWER- CREATE OTC DRUG CATEGORY FOR HERBS/ >BOTANICALS. PLEASE FORWARD!!! > >On August 4th, the comments period ends on the draft report on the US >Commission on Dietary Supplement Labels. Following this message I have a >form letter which I urge you to fax or mail in to the Commission on Dietary >Supplements, as well as to your Senators and Congressmen. > >The reason you must do this is simple: we must try to extend the comments >period so that more people can have the time necessary to procure copies of >the 77 page draft report in order to have sufficient time to review it, >discuss it, and draft comments to its many highly controversial >recommendations, which includes creating an Over the Counter (OTC) drug >category for herbs and botanicals and giving broad new powers to the FDA >that they would use against the dietary supplement industry (to the >detriment of consumers). > > When the pharmaceutical industry wants to try to push their agenda past >consumers, they often wait until the summer when people are on vacation and >its much harder to get organized in opposition. As a lobbyist working to >defend the rights of dietary supplement consumers, I've seen this happen >time and time again. > >The Report of the Commission on Dietary Supplement Labels doesn't carry the >force of law, however this report is STILL very dangerous to consumers >because legislators who know nothing about health freedom issues will be >influenced by it, and will get behind a legislative push to give FDA added >new powers to attack the dietary supplement industry and to create an OTC >drug definition for herbs and botanicals. This is Codex harmonization. We >worked hard to define dietary supplements and herbs as foods under DSHEA, >and it is unwise to blur the line between foods and drugs that we worked so >hard to create.If we don't push for an extension on the comments period on >the Report of the Commission on Dietary Supplement Labels, we will be >allowing a blueprint to stand unchallenged which will be used to guide a >legislative campaign that will hasten the destruction of health freedom in >the US. > >Please forward this alert widely, copy the enclosed form letter to your >word processor, fax it in to the Commission on Dietary Supplement Labels, >your Senators and Congressmen, and set up tables in front of your health >food store to get people to sign lots of them which you can send in en >masse. Go on the radio to talk about this, and discuss it in usenet and on >online mailing lists. Remember, its summer. Each of us has to work 10x >harder to compensate for all the people who aren't around to help right now > > >NO TO OTC DRUG CATEGORY FOR HERBS AND BOTANICALS >THESE COMMENTS SUBMITTED UNDER PROTEST TO DIETARY SUPPLEMENT LABEL >COMMISSION PRIOR TO UNFAIR AUGUST 4, 1997 DEADLINE > >To: Kenneth D. Fisher, Ph.D. Executive Director, Commission on Dietary >Supplement Labels >Office of Disease Prevention and Health Promotion >R. 728G Hubert H. Humphrey Building >200 Independence Ave. S.W. Washington, D.C. 20201 >Ph. 1-202-401-5811 Fax: 1-202-205-0463 Date: > 1997 > >Dear Dr. Fisher: > >I understand that the Commission was (supposedly) created "as an >independent agency under the executive branch" by the passage of the >Dietary Supplement Health and Education Act of 1994 to..."conduct a study >on, and provide recommendations for, the regulation of label claims and >statements for dietary supplements, including the use of literature in >connection with the sale of dietary supplements and procedures for the >evaluation of such claims." I understand that in making its >recommendations, the Commission is to..."evaluate how best to provide >truthful, scientifically valid, and not misleading information to consumers >so that such consumers may make informed and appropriate health care >choices for themselves and their families." (How can the Commission be said >to have been "independent under the executive branch" when it was set up >under HHS, the same cabinet dept. which includes FDA??? Was the Commission >legally established in accordance with the Federal Advisory Committee Act, >PL 92-463? Were all meetings TRULY open? Shouldn't it have been set up as a >TRULY "independent agency"???) > >I gather that if I call the Commission's Information Response Center at >301-650-0382, they will send me the 77 page draft report of the Commission >on Dietary Supplement Labels. Given the time constraints in obtaining this >report fast enough to read it in entirety in order to file comments prior >to your August 4, 1997 deadline, I am formally requesting an extension on >the comments period in order to allow me sufficient time to procure the >report, read it as well as to draft more extensive comments. I am >appraising my Senators and Congressmen of the following concerns about the >draft, which were called to my attention by International Advocates for >Health Freedom: > >On p.ii, pp.16-17, and p.20 I feel that you should strike all references to >ephedra posing a "safety issue" given the fact that a Medline Search >indicates that you have no peer reviewed evidence to support your >contention that ephedra has caused death, and given the fact that we are >currently undergoing a comments period with regards to ephedra regulation. >I do not feel that it is appropriate for you to cite ephedra as an example >of an "unsafe" product being marketed. A search of Medline turned up zero >reports of deaths caused by ephedra, and several reports of death caused by >ephedrine, and pseudoephedrine products, including many commonly used OTC >drugs such as children's cough syrup. If FDA is concerned with safety, let >FDA regulate ephedrine, and pseudoephedrine products which have been >documented to cause death. Leave ma huang/ephedra alone. We don't need or >want the FDA's double standards incorporated into this report. This >information comes from the affadavit of Miloslav Nosal, a biostatistician, >who is serving as an expert witness in a lawsuit filed by Freedom of Choice >in Health Care against the Canadian HPB. > >I feel strongly that the creation of an OTC drug category for herbs and >botanicals (as described on p.vii in your report), is not in the long range >best interests to consumers. Foods are not drugs. By law, DSHEA established >a food definition for dietary supplements. We object strongly to the >proposal to create an OTC drug category for herbs and botanicals. Our gains >under DSHEA would be put at risk if an OTC drug category were created. We >feel that expanded health claims should be allowed under DSHEA based on >overwhelming scientific evidence attesting to both the safety and efficacy >of dietary supplements for many medical conditions, and we feel that to >deny these truthful claims violates our first amendment rights to free >speech. We favor a split label in which FDA can say what they want on their >half, and the manufacturer can offer validated information on the other half. > >We object to a comments period which effectively excludes the views of >millions of concerned dietary supplement consumers who have not had >sufficient time to procure your draft report, much less to read it and to >submit comments. Given the enormous consumer push behind DSHEA, we feel >strongly that consumers are being largely disenfranchised, and we would >like the comments period to be extended until the end of October, 1997. We >are outraged by the ongoing push to regulate foods as "drugs." We would >like until the end of October to review your draft report and to file >comments. I am appraising my Senators and Congressmen of these concerns. > >Signed: > > >Address: > >City: State: Zip: > > >(Info courtesy I.A.H.F. 800-333-2553, >http://www.pnc.com.au/~cafmr/hammell/index.html, jham@concentric.net) >****************************************** >International Advocates for Health Freedom >John C. Hammell, Legislative Advocate >2411 Monroe St.#2 Hollywood, FL 33020 USA >800-333-2553, 954-929-2905, FAX 954-929-0507, >FAX ON DEMAND 954-927-8795,jham@concentric.net >http://www.pnc.com.au/~cafmr/hammell/index.html > > ======================================================================== Paul Andrew Mitchell : Counselor at Law, federal witness B.A., Political Science, UCLA; M.S., Public Administration, U.C. Irvine tel: (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night email: [address in tool bar] : using Eudora Pro 3.0.3 on 586 CPU website: http://www.supremelaw.com : visit the Supreme Law Library now ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best Tucson, Arizona state : state zone, not the federal zone Postal Zone 85719/tdc : USPS delays first class w/o this As agents of the Most High, we came here to establish justice. We shall not leave, until our mission is accomplished and justice reigns eternal. ======================================================================== [This text formatted on-screen in Courier 11, non-proportional spacing.]
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