Everything about this case is important. The plaintiffs are veteran 'health freedom' advocates. Their lawyer, Jonathan Emord has been a formidable thorn in the FDAs side for years. The principle decided bythe court effectivelyundermines the ability of the FDA to unilaterally restrict and censor claims made by supplement manufacturers. If this court ruling stands and many U.S. health products are sold with label and advertising claims, there will be pressure on Health Canada to follow suit.
US Court Rules in Favour of Free Speech on Health Claims
DORKING, UK: The US Food and Drug Administration (FDA) lost its bid to overturn a health claim for selenium-containing dietary supplements last Thursday in the United States District Court for the District of Columbia. District Court Judge Ellen Huvelle ruled unconstitutional the FDA’s censorship of selenium dietary supplement claims relating to the reduction of cancer risk. Jonathan Emord of Emord & Associates on behalf of the plaintiffs in the case (including lead plaintiff Alliance for Natural Health USA (ANH-USA); Durk Pearson and Sandy Shaw; and the Coalition to End FDA and FTC Censorship). The verdict, unless reversed on appeal, protects the First Amendment right of dietary supplement manufacturers to provide “qualified health claims”, which accurately communicate the state of science concerning dietary supplements. This is a remarkable seventh victory over the FDA by the Emord firm (six of which invalidated FDA health claim censorship).
The lawsuit was initiated last summer in response to the FDA’s 19th June 2009 decision to suppress selenium/cancer-risk reduction claims. Ten of the claims (all appealed by the plaintiffs) were held unconstitutionally censored. The plaintiffs expressed their belief that this violated their right to communicate truthful health information to the public. The judge found that the FDA had denied claims despite credible evidence supporting them and had thereby infringed on free speech.
Prior to this ruling the FDA required near conclusive scientific evidence for any nutrient claim. The judge ruled that so long as the claim is an accurate reflection of the state of science, the First Amendment protects it.
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