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!

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