X-Message-Number: 492.4 From: Saul Kent Subject: recent legal victories over the FDA Judges Are Ruling Against The FDA In Courts Throughout The United States The law is catching up with the U.S. Food And Drug Administration (FDA). On Oct. 1, 1991, Judge James C. Paine signed a Court Order granting The Life Extension Foundation the return of all its property, which had been seized by the FDA in an illegal raid of The Foundation's premises on Feb. 26, 1987. Judge Paine's ruling against the FDA in U.S. District Court in South Florida is the latest in a series of legal defeats for the FDA in every region of the country. These legal defeats are hard evidence of the illegal and unconstitutional actions the FDA has been taking on a routine basis against innocent people and companies throughout the United States! Here are three examples: Recent Legal Victories Over The FDA 1. Life Extension International (LEI) - On Jan. 9, 1991, the FDA ordered the Arizona Board of Pharmacy to place an embargo on 42 nutrient products sold by Life Extension International, prohibiting the company from shipping these products to its customers. The FDA said the embargoed products were "misbranded." LEI prepared a lawsuit to obtain a Court Order to lift the embargo. When LEI's attorney told the Arizona Attorney General that LEI was about to sue the Board for violating the company's constitutional rights to due process and equal protection under the law, the Attorney General ordered the Board to lift the embargo. When the Board BEGGED the FDA for evidence that LEI was "misbranding" its products, the FDA failed to return their calls. 2. Traco Labs - After seizing two drums of Black Currant Oil from Traco Labs, the FDA sought a Court Order (in Illinois) to destroy the product on the grounds that it is an "unsafe food additive." Traco insisted that Black Currant Oil is a food with nutritional value, which it sells as a dietary supplement. On April 10, 1991, Federal Judge Harold A. Baker ruled in favor of Traco Labs, criticizing the FDA for seeking to condemn a "food" as a "food additive." Judge Baker said that he could not permit "the agency charged with enforcing the Food, Drug and Cosmetic Act to redefine its terms." 3. Nutricology - On May 9, 1991, the FDA illegally obtained a Temporary Restraining Order, forcing Nutricology to stop selling its nutrient products to physicians. The FDA charged that Nutricology was engaging in "fraud" and that its owner, Dr. Stephen Levine, Ph.D. - who has a degree in Molecular Biology from the University of California in Berkeley - is a "snake-oil salesman." On May 23, 1991, Federal Judge D. Lowell Jensen ruled (in U.S. District Court in San Francisco) that Nutricology could resume its business because the FDA failed to provide any evidence to support its charges, while Nutricology submitted Affidavits from 60 physicians and a 12-inch stack of scientific papers to prove the value of its products. The FDA Is A Criminal Agency These cases demonstrate that the FDA is shamelessly committing perjury and violating the Constitution in its attempts to destroy companies it doesn't like. Although the companies in the above cases had the courage and the money to defend themselves, other innocent companies are quietly being destroyed by an agency that routinely engages in criminal behavior in its attempt to suppress new ideas in healthcare and medicine! Rate This Message: http://www.cryonet.org/cgi-bin/rate.cgi?msg=492.4