-Caveat Lector-
[EMAIL PROTECTED] wrote:
>
> -Caveat Lector-
>
> from:
> http://www.zolatimes.com/V3.4/pageone.html
> <A HREF="http://www.zolatimes.com/V3.4/pageone.html">Laissez Faire City Times
> - Volume 3 Issue 4</A>
> The Laissez Faire City Times
> January 25, 1999 - Volume 3, Issue 4
> Editor & Chief: Emile Zola
> -----
> Free Speech Is Whatever the Government Allows
>
> by Zola
>
> Our friends Durk Pearson and Sandy Shaw have kicked FDA butt.
>
> The Food and Drug Administration (FDA) has long violated the First
> Amendment with impunity. According to the FDA, you are not allowed to
> make scientific statements like "antioxidant nutrients may help prevent
> certain types of cancer." Not if you sell antioxidant nutrients and you
> want to put that statement on the bottle, and the FDA hasn’t given you
> permission. Even though the claim may be true and backed up by
> scientific evidence.
Oh how I hate libertarian bullshit! Look at the above statement. The
ad
line "antioxidant nutrients may help prevent certain types of cancer."
does NOT jibe with this scumbag's contention -" Even though the claim
may
be true and backed up by scientific evidence " because the use of the
word MAY instead of DOES indicates that there ISN'T scientific
evidence.
Otherwise the use of MAY would not be necessary.
This whole spiel is typical of Libertarian mind fucking. Anything that
restricts the opportunity of making money is Statist horror. But
poisoning
the gullible public is not nearly as important.
>
> It begins with the so-called doctrine of "commercial speech" which is
> supposed to have less protection than other types of speech under the
> First Amendment. The U.S. Constitution, of course, doesn’t distinguish
> between commercial speech and any other type of speech.
The US Constitution doesn't distinguish a lot of things. Isn't it
obvious
that commercial speech is not the same as other speech? Commercial
speech
is intended mind control with the hidden or not so hidden agenda of
placing
the subject of that speech INTO YOUR MIND whether you like it or not.
> But the FDA has
> relied on the commercial speech doctrine for its underlying authority,
> and proceeded in its rulemaking to only approve claims for which there
> is "significant scientific agreement".
What the fuck is wrong with that???
> What is "significant scientific agreement"? Whatever the FDA says it is.
> They have refused to define the term. Pearson and Shaw grew tired of
> this nonsense, took the FDA to court, and won in a 3-0 circuit court
> decision. In defending the FDA’s own actions, the FDA’s attorney even
> went to the length of arguing that its parent agency, Health and Human
> Services, makes misleading statements. The Court mocked this approach.
>
> THE COURT: . . . Do you seriously argue that these statements are
> inherently misleading?
>
> MS. KOHL [Christine N. Kohl, representing the FDA]: In the FDA’s
> judgment, Your Honor, yes, they are. There is such power over the
> consumer in the market place at the point of sale . . .
The seller wants to maintain that advantage.
> THE COURT: . . . what if the proposed statement were exactly what your
> FDA’s parent agency [HHS] said, quote, "Fatty acid omega-3 is under
> study because of a possible association with a reduced risk of heart
> disease in certain people." That was the only thing they wanted to put
> on the label, and it was word for word what HHS put out. Is your
> position that is inherently deceptive?
>
> MS. KOHL: Yes, Your Honor, that’s the scientific judgment of the FDA
> that there is not –
>
> THE COURT: So HHS, FDA’s position is that HHS is making inherently
> deceptive statements.
>
> MS. KOHL: . . . These regulations that are being challenged apply only
> to labeling on the dietary supplement.
>
> THE COURT: But why does that matter? . . . Why is it inherently
> deceptive in the label, and not in the brochure?
>
> You can read Durk and Sandy’s own account of the case in this issue of
> The Laissez Faire City Times.
Durk & Sandy have been hustling " Life extension," and " live forever
"
crap for years. What the hell. Laissez Faire.
Joshua2
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