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Bush Administration Embraces "Health"...

Opinion by Consumer Advocate Tim Bolen

December 20, 2002

The whole premise of the "quackbuster" movement has been destroyed by the Bush Administration.  It's over for Barrett and company.

Below is a press release from our friend in Washington, attorney and health activist, Jonathan Emord.  It is self-explanatory.  The decision described is far reaching.  It means, simply, that in the war between Health and Medicine in the US, the Bush Administration has sided with "Health."

CONTACT: Claudia A. Lewis-Eng;
Jonathan W. Emord

WASHINGTON, D.C.-On December 18, 2002, FDA Commissioner Mark McClellan announced a major initiative to make available more information concerning the effects of dietary supplements and foods on the prevention of  disease.  The decision is an abrupt departure from the agency's long held view that no nutrient-disease claims should be allowed for foods or dietary supplements unless proven to a near conclusive degree.  In 1999, the United States Court of Appeals in a landmark ruling, Pearson v. Shalala, ordered FDA to allow claims for dietary supplements backed by credible, yet inconclusive scientific evidence.  For the past three years, FDA has refused to follow that order only to be sued by clients of this firm again and again.

Today FDA abandoned its prior position and agreed to implement Pearson fully.  Indeed, FDA announced that it would apply the decision not only to dietary supplements but also to conventional foods.  This will mean that far more information about the actual and potential health benefits of dietary supplements and foods will reach consumers than ever before. The decision is nothing short of revolutionary.

The firm Emord & Associates represented the successful Plaintiffs in  Pearson v. Shalala and those who have challenged FDA's failure to implement the decision.  The firm also filed comments in a recent First Amendment notice and comment proceeding at FDA recommending many of the changes now brought about by the FDA's action.

Emord says:  "Today's decision is a momentous victory for those who cherish freedom.  As never before companies will be able to inform consumers of the disease risk reducing and preventive effects of certain foods and dietary supplements.  Consumers, in turn, will be able to modify their food choices to improve their health and longevity.  There may be no action more important for the health and welfare of American consumers than the one taken by Commissioner Mark McClellan and Chief Counsel Dan Troy.  This is a wonderful holiday gift for the American people."

Tim Bolen
JuriMed - Public Relations and Research Group