Errors-To: <>
Date: Tue, 25 Aug 1998 03:12:41 -0400
From: John Hammell <>
Subject: Educating Congress Re HR 2868 Consumer Health Free Speech
  Act-Update on HR 2868

IAHF Distribution List: Below I have responded to Senator Feingold re HR
2868. HR 2868 now has 7 cosponsors, up by 3 from my last report. The bill
will have to be reintroduced in the next Congress. Ron Paul, sponsor of HR
2868 still needs contributions to his campaign as he is being targetted
heavily for removal from office. I don't belong to either major party,
regarding them both with contempt. Ron Paul is really not a Republican,
even though he is on paper. (He's a libertarian) Regardless of weather or
not you are a Democrat or a Republican, if you value your health freedom,
you MUST contribute to Ron Paul's campaign. He's one of the few honest
members of Congress. 800-RON-PAUL   Please fax me any responses you get
from Congress on HR 2868 as Brek Renzelman did. Its better to educate your
Congressman at this point as opposed to Senators, but since Senator
Feingold sent an unacceptable reply to Brek, for educational purposes I've
responded here. The toll free # of the Federal Election Commission is given
in the mssg below. Call them of you want to monitor the campaign
contributions to YOUR members of Congress.

Some people wonder why HR 2868 doesn't have more cosponsors by now. The
reason is due to the corrupt activities of the European American
Phytomedicines Coaltion, pharmaceutical companies which have their
tentacles deep into the American Dietary Supplement Industry. The grass
roots must help me expose this corruption. The EAPC has submitted petitions
to FDA since '92 to try to get herbs regulated as "Drugs". They don't want
HR 2868 to pass  because they don't want a level playing field. Foods are
_NOT_ "Drugs"!!! Hatch and Harkin are also opposed to HR 2868 due to this
corruption. Hatch certainly appears to be influenced by the Utah Natural
Products Alliance, the attorney for which, Loren Israelson, is also counsel
to the EAPC and to Nature's Way, which is partnered with Madaus AG, and
Schwabe, two German phytopharmaceutical companies. Nature's Way, Madaus AG
and Schwabe are all members of the EAPC.

The Honorable Russell D. Feingold     August 25, 1998
United States Senate

Re: The Consumer Health Free Speech Act (HR 2868)- pending in the House &
Your Reply to Brek Renzelman, one of your constitutents

Dear Senator Feingold:

You replied to Brek Renzelman, one of your constituents regarding HR 2868
the Consumer Health Free Speech Act-  a bill with 7 cosponsors (Stump
(R-AZ), DeFazio (D-OR), Pallone (D-NJ, Duncan (R-TN, Bonilla (R-TX,
Hostettler (R-IN) and Merrill Cook (R-UT) which is currently pending in the
House. Although it could be a while before this legislation gets out of
committee, and I am not focused on the Senate at all at this time, as a
professional courtesy I am providing you and your staff with some food for
thought on this important issue since you did respond to Mr Renzelman, who
is on the IAHF email distribution list.

In your reply to Brek Renzelman, you correctly stated that the bill would
prevent the FDA from being able to regulate foods as drugs under the Food,
Drug, and Cosmetic Act.

A substance should only be deemed to be a drug based on its toxicity,
carcinogenicity, mutagenicity, and taratogenicity- in other words, from a
standpoint of SAFETY. New scientific research in alternative nutritional
therapies shows many herbs and other dietary supplements are more
beneficial, far safer, and less expensive than drugs in preventing disease,
yet since 1906, the FDA has permitted only a dozen health claims for foods
due to their incestuous relationship with the pharmaceutical industry.

In your letter to Mr.Renzelman, you state "the bill would also set a higher
evidentiary standard that the FDA must meet before it could limit or ban
the sale of herbs or other dietary supplements on the basis of any risk
posed by those products. The primary mission of the Food and Drug
Administration is to protect the safety of the food supply and the
effectiveness of drugs and biological and medical devices. The high
standards instituted by the FDA not only protect consumers, but also lend
credability to industry claims of food safety and boost consumer confidence
in food and drug products. You go on to state "I will not support
legislation which weakens safety standards for foods or medicines, or
limits the ability of the FDA to ensure a high standard of consumer

It is obvious that you are being scripted by the FDA in this response. You
imply that by exempting "food" from the definition of "drug" it would
automatically exempt ANY claim for that food from all other sections of the
Food, Drug, and Cosmetic Act including sec. 403 (a)(1) which says:

"Sec. 403. Misbranded Food

"A food shall be deemed to be misbranded- (a) If (1) its labeling is false
or misleading in ANY PARTICULAR....."

HR 2868 does not "change the law" by amending or weakening Sec. 403 (a)(1)
in any respect.

FACT: The proposed amendment in H.R. 2868 is to add three words "other than
food" to exempt food (which includes herbs and other dietary supplements)
from the definition of "DRUG"

Current law defines "drug" as follows:

"Sec.201. (G) The term "drug" means (B) articles (other than food) intended
for the use in the diagnosis, cure, mitigation, treatment, or prevention of
disease in man..."

HR 2868 will be a major positive step in making it legal to make true, non
misleading statements that dietary supplements can prevent disease in man.
Thousands of published scientific studies attest to the validity of a
growing number of claims which are actively being suppressed by the FDA, to
the detriment of the public health. The FDA's Gary Dykstra has stated that
"the existence of dietary supplements in the marketplace must never be
allowed to serve as a disincentive to new drug development."

The FDA's bias against the use of dietary supplements is well known. There
is a revolving door between the FDA and the pharmaceutical industry. When
an employee of the FDA seeks to make more money than he can make working
for the government, it is quite common for FDA employees to leave to work
for companies such as Merck, Monsanto, Pfizer, and others which the FDA
allegedly objectively regulates. In reality, a good ‘ol boy network exists
between many of these companies and the FDA, and whenever use of a natural
products cuts into the bottom line of a multinational pharmaceutical giant,
they seek to protect their turf.

This is readily apparent from the ongoing court battle between Pharmanex,
Inc. of Semi Valley, CA and the FDA. Pharmanex sells a product called
Cholestin, which is an extract of rice yeast imported from China which
lowers mildly elevated cholesterol levels, and not even the FDA questions
the products safety.

Yet upon the request of Merck, the makers of a cholesterol lowering drug
called Mevacor, the FDA attacked Pharmanex for no good reason at all, and
imposed a ban on the importation or sale of Cholestin.  A Federal District
Court Judge in Utah recently issued an injunction against the FDA to lift
the ban on this safe substance while the court battle ensues. The Judge in
the case has yet to rule whether or not Cholestin can still be sold as a
dietary supplement or if it is an "unapproved new drug."

Merck has alleged that the product contains lovastatin, the drug sold under
the trade name "Mevacor", however Professor Farnsworth, Research
Pharmacognosist (herb expert) from the University of Illinois, has stated
in writing to the FDA that this is a false allegation. Farnsworth states
that cholestin contains a naturally occurring substance called Mevolin,
which in some ways mimicks the action of Lovastatin, but is NOT lovastatin.
Farnsworth was on the Presidentially appointed Commission on Dietary
Supplement Labels.

It sickens and angers many Americans that Pharmanex can't make health
claims on their product. They should be allowed to, as long as they're
true. The FDA is in violoation of the first Amendment when they protect the
business interests of Merck in this case, over the consumers right to
access truthful health information. Merck is afraid that if a lot of people
with mildly elevated cholesterol levels start using Cholestin, their
preventive actions will keep them from ever NEEDING to use Mevacor. THAT is
unacceptable to them. The first amendment to the Constitution says:
"Congress shall make NO LAW....abridging the freedom of speech..." FDA is
abridging the freedom of speech under the current, overly broad, statutory
definition of "DRUG".
Thank you for soberly pondering the sad truth of this current deplorable
situation. Senate

Oversight hearings are badly needed to address the FDA's illegal actions
against Pharmanex. Not even the FDA considers Cholestin to be dangerous.
FDA's obvious bias in favor of Merck as they seek to suppress the use of
this rice yeast extract, raises serious questions about the possibly
violation of anti trust laws, and demonstrates a clear disregard for the
will of Congress as represented by the passage of the Dietary Supplement
Health and Education Act of 1994, which generated more mail to Congress
than any issue since the Vietnam War. As a person who recovered from a life
threatening illness via a suppressed alternative treatment mode after
mainstream methods almost killed me, I am deeply offended by the FDA's
violation of the First Amendment.

To assist Mr. Renzelman (as well as everyone on my email distribution list
who might also want this sort of information on THEIR members of Congress)
I just called the Federal Election Commission at 800-424-9530 in Mr.
Renzelman's behalf, and at no charge to either of us, the US government
will be furnishing him with a complete package showing both the individual,
and PAC contributions to your campaign over the last election cycle. I am
curious as to just how much financial support you are currently getting
from the AMA or from Pharmaceutical PACS? I encourage every American on my
email distribution list to get these financial records from the Federal
Election Commission in order to have at least SOME window past the
inevitable "smoke and mirrors" on Capital Hill, and I just want you to be
aware that I provide this information to thousands of American citizens
every year.

In the future, please do YOUR OWN research on important issues which effect
your constituents, and STOP being scripted by the Fraud and Drudge
Administration, it is highly offensive to many people when you do this. I
look forward to the Department of Health and Human Services being disbanded
by Y2K.

         For Health Freedom,
         John C. Hammell, Legislative Advocate
         Founder, International Advocates for Health Freedom
International Advocates for Health Freedom
John C. Hammell, Legislative Advocate
2411 Monroe St. Hollywood, FL 33020 USA
800-333-2553, 954-929-2905, FAX 954-929-0507,
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