FDA Officials Order STEVIA Books Destroyed

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FDA Officials Order Books Destroyed

 

 

FDA Officials Order Books Destroyed

[On Stevia - Natural Herbal Alternative to Aspartame]

By CHARLES LEVENDOSKY

 

 

 

 

 

Attention: Assignments Editors & Producers

Contact: Mary Stoddard 214-352-4268 or email:marystod

 

 

 

(EDITOR'S NOTE: Charles Levendosky, editorial page editor of the Casper (Wyo.)

Star-Tribune, has a national reputation for First Amendment commentary. His

e-mail address is levendos.)

 

 

 

c. 1998 Casper (Wyo.) Star-Tribune

 

Last month, U.S. Food and Drug Administration officials ordered the destruction

of three books about an herb and its use. Never mind the First Amendment. Never

mind upholding the U.S. Constitution.

The herb at the center of this controversy is Stevia rebaudiana Bertoni, better

known as stevia or " honey leaf. " Under the law, stevia can be marketed as a

dietary supplement like a vitamin but not as a food additive.

 

The herb is said to benefit the health of those who take it. The FDA considers

stevia safe to simply swallow as a supplement (powder or liquid), but unsafe

when added to food or drink.

 

The FDA goes ballistic when it thinks a company is selling stevia as a natural

sweetener --- a property for which the herb is well-known in Paraguay and Brazil

where it grows.

 

On May 19, Compliance Officer James Lahar of the Dallas, Texas district office

of the FDA, faxed a letter to Oscar Rodes, president of the Stevita Company in

Arlington which sells the herb. The letter states, in part: " ... a current

inventory must be taken by an investigator of this office, who will also be

available to witness the destruction of the cookbooks, literature, and other

publications for the purpose of verifying compliance. " Click here to read the

letter

 

The books in question address stevia's sweetening property --- a big no-no, in

the eyes of the FDA. Stevia could be a major economic threat to established

companies that manufacture artificial sweeteners. It's calorie free.

 

So the federal agency targeted the books: James Kirkland's " Cooking with Stevia:

The Naturally Sweet & Calorie-Free Herb, " David Richard's " Stevia Rebaudiana:

Nature's Sweet Secret, " and Linda Bonvie, et al.'s " The Stevia Story: A tale of

incredible sweetness & intrigue. "

 

In an interview Friday, Rodes said that when he received the FDA fax, he called

his attorney in Washington, D.C. The local FDA officers arrived a few hours

later. According to Rodes, he said that he would not destroy the books unless

his attorney advised him to do so. However, Rodes told them, if the FDA officers

wanted to destroy them, he would merely use his video camera to record the

event. The FDA officers left.

 

Rodes also claims that the FDA officials told him that they wanted Rodes to

recall all the copies of the books he had already sold. According to Rodes, that

amounts to more than 4,000 copies.

 

Lahar now claims he never ordered the books destroyed. In an interview, he said,

" The sentence reads to the effect that if books are going to be destroyed, we'd

like to observe it. "

 

When asked then where the idea for destroying books came from, Lahar said he

wouldn't answer.

 

He responded, " I've have been asked to refer calls to our press office in

Washington. ... We all have a boss. "

 

Asked who made the decision to silence him, Lahar referred to FDA Associate

Chief Counsel for Enforcement Annamarie Kempic in D.C. Kempic did not return

calls.

 

When the D.C. press office was called, press officer Judith Foulke said she

couldn't answer any questions about this case because the matter was still under

investigation --- a convenient Catch 22. She couldn't even comment on the

destroy-the-books letter.

 

Another wrinkle popped up. Julian Whitaker, a physician, asked Rodes if he could

purchase the three stevia books in question for research purposes. Rodes,

thinking he might violate FDA orders by selling the books to the doctor, refused

--- and explained why.

 

The doctor called renown First Amendment attorney in Jonathan W. Emord in

Washington, D.C., to see what he could do. Emord called the FDA to advise the

agency that he planned to initiate legal action to free the hostage books.

 

Kempic then faxed a letter, dated June 5, to Emord in which she says that Rodes

can sell the books to Emord's client and states: " ... we have contacted Mr.

Rhodes (sic) and advised him not to destroy the books at this time. " The " at

this time " tells it all.

 

But pressure on the FDA had begun to mount. In a letter faxed to Emord three

days later, Kempic changed her tune. She writes: " The FDA Dallas District Office

informs me that it was Mr. Rodes who chose the option of destroying the books. "

 

Not so, says Rodes, emphatically. Why, after all, would he want to destroy

thousands of dollars worth of inventory?

 

Rodes changed the labels on his stevia products so that they conform to the

strictest FDA regulations. They no longer suggest any other use for stevia. A

label that said " tabletop ready " was replaced because this implies that stevia

in these packages could be used as a flavoring ingredient.

 

Apparently, however, the presence of the books remains a critical issue for FDA

officials.

 

Rodes' company is one of the nation's major distributors of stevia. The FDA

confiscated two shipments of the herb that belong to Rodes. Those shipments have

yet to be released. This action is costing Rodes business and money.

 

The FDA oversees the sale and distribution of food and drug products for the

safety and health of the nation. The agency sometimes acts overly cautious.

Although stevia has been used as a food additive without ill effects in Japan

for more than 25 years, the herb has not, according to the FDA, undergone

sufficient testing in this country to assure that it isn't harmful if used as an

additive.

 

According to FDA officials, the herb stevia can be " adulterated " merely by being

in the presence of information that reveals its sweetening property.

 

Dallas FDA agents even went so far as to mark up copies of the offending books

so that they couldn't be sold. Clearly these agents violated the law. The FDA

has no legal authority to destroy books. None whatsoever --- no matter whose

economic interests are at stake.

 

 

 

For more information about Stevia CLICK HERE

 

 

 

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[Guest guest]

Do you have any more info about this ?

Thanks

donna

In a message dated 01/10/12 11:44:20 AM, mindy writes:

 

<<

> So the federal agency targeted the books: James Kirkland's " Cooking with

Stevia: The Naturally Sweet & Calorie-Free Herb, "

 

Oh my goodness! I have that book! The Government can't really destroy

books, can they?? Are they going to tell the libraries in America to get rid

of this book, or what??? That's some crazy sh*t....

>>

[Guest guest]

In a message dated 10/12/01 15:44:20 GMT Standard Time, mindy

writes:

 

We are unable to purchase Stevia in Europe - see the following site for info

http://www.foodstandards.gov.uk/bulletin/no120/stevia.htm

 

Marianne

 

> Elaine121 wrote:

>

> > So the federal agency targeted the books: James Kirkland's " Cooking with

> Stevia: The Naturally Sweet & Calorie-Free Herb, "

>

 

 

 

 

 

[Guest guest]

In a message dated 10/12/01 19:35:57 GMT Standard Time, mindy

writes:

 

Let's face it - we are just the ones who have to abide by their stupid rules &

regulations, why should we be allowed any say in it.......... I think I

will find myself one of those caves as well.

 

Marianne

 

> I still don't get it. So it's okay to sell sweeteners that cause cancer in

> rats,

> but not stevia. Hmm, interesting. I do believe I'll go live in a cave now!

> Goodbye, cruel world!

>

 

 

 

 

 

[Guest guest]

Elaine121 wrote:

 

> So the federal agency targeted the books: James Kirkland's " Cooking with

Stevia: The Naturally Sweet & Calorie-Free Herb, "

 

Oh my goodness! I have that book! The Government can't really destroy books,

can they?? Are they going to tell the libraries in America to get rid of this

book, or what??? That's some crazy sh*t....

 

--

Mindy

-----------------------

" ...that they may be one... "

- Jesus, John 17:22

AIM: BirthJnky

ICQ: 114149

[Guest guest]

Mindy,

Hi! If they are motivated by big business, it seems that they can

do just about anything!! Did you read about the FDA raiding the

alternative clinic in Florida. This clinic was helping many to

acheive their health goals! Makes one wonder how much freedom we

really have? Are our decisions being made for us? It seems that way

at the moment, doesn't it?

 

JoAnn

JoAnn Guest

joguest

Friendsforhealthnaturally

http://canceranswer.homestead.com/AIM.html

 

Mindy Behymer <mindy@l...> wrote:

> Elaine121 wrote:

>

> > So the federal agency targeted the books: James

Kirkland's " Cooking with Stevia: The Naturally Sweet & Calorie-Free

Herb, "

>

> Oh my goodness! I have that book! The Government can't really

destroy books, can they?? Are they going to tell the libraries in

America to get rid of this book, or what??? That's some crazy

sh*t....

>

> --

> Mindy

> -----------------------

> " ...that they may be one... "

> - Jesus, John 17:22

> AIM: BirthJnky

> ICQ: 114149

[Guest guest]

marianne2406 wrote:

 

> In a message dated 10/12/01 15:44:20 GMT Standard Time, mindy

> writes:

>

> We are unable to purchase Stevia in Europe - see the following site for info

> http://www.foodstandards.gov.uk/bulletin/no120/stevia.htm

 

I still don't get it. So it's okay to sell sweeteners that cause cancer in

rats,

but not stevia. Hmm, interesting. I do believe I'll go live in a cave now!

Goodbye, cruel world!

 

--

Mindy

-----------------------

" ...that they may be one... "

- Jesus, John 17:22

AIM: BirthJnky

ICQ: 114149

[Guest guest]

-

" Elaine121 " <Elaine121

<Undisclosed-Recipient:;>

Sunday, December 09, 2001 10:15 PM

FDA Officials Order STEVIA Books Destroyed

 

 

I posted the info from the original post to another list & received

the reply below. I thought others might appreciate the info.

 

Alobar

 

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

>> FDA Officials Order Books Destroyed

>> [On Stevia - Natural Herbal Alternative to Aspartame]

>> By CHARLES LEVENDOSKY

 

Here's a nice thick sheaf of PDF on this case from the FDA web site. As

one might expect, it's considerably more complicated and ambiguous than

the 1998 editorial indicates. I recommend reading these papers in their

entirety if you are interested in the case.

 

http://www.fda.gov/ohrms/dockets/dailys/041699/pav0001.pdf

http://www.fda.gov/ohrms/dockets/dailys/041699/m000001.pdf

 

On the critical issue of whether the FDA ordered books destroyed, the

critical facts seem to be:

 

- they never expressed any interest in books per se, only in pamphlets

which had been created by the herb seller as marketing materials, and that

it repeatedly stated that it had no interest in the books in question;

 

- before the faxed letter which has been interpreted as an order for

destruction, the seller had already on its own initiative shredded a

number of its own pamphlets on stevia and reported that destruction to the

FDA, without any suggestion of duress;

 

- upon protest, the FDA reiterated to all its field offices that they had

no authority to request the destruction of books or other printed matter,

and must refrain from doing so.

 

Given the above, it does seem likely that the FDA field office did not

intend or expect its letter to be taken as an order of destruction, only

as a statement that if further voluntary destructions were to take place,

the FDA would like to be present so it could verify them. It would have

been reasonable given the earlier reported destructions for the FDA to

assume that the seller intended to continue to voluntarily destroy its

pamphlets.

 

Near the end of the second PDF, there is an interesting letter from Rep.

Dan Burton, Chairman of the Committee on Government Reform and Oversight,

which notes that there may be serious First Amendment and statutory issues

with the FDA's policy on labeling even given that it does not appear to

have ordered any destruction of printed matter. Although the case is not

as extreme or as clear-cut as the editorial from Charles Levendosky would

suggest, it remains troubling.

[Guest guest]

In a message dated 11/12/01 17:31:36 GMT Standard Time,

joguest writes:

 

Now listen here - too many gals - can we invite Mel Gibson????

Marianne

>

> I think I'll join you in that cave!

 

 

 

 

 

[Guest guest]

Well gals...How about going to Japan? LOL It's widely accepted

there!! According to my health food store magazines, it's in many of

their soft drinks !! And we have to put up with sweeteners

manufactured by drug companies!

I think I'll join you in that cave! JoAnn

 

JoAnn Guest

joguest

Friendsforhealthnaturally

http://canceranswer.homestead.com/AIM.html

 

 

Mindy Behymer <mindy@l...> wrote:

> marianne2406@a... wrote:

>

> > In a message dated 10/12/01 15:44:20 GMT Standard Time, mindy@l...

> > writes:

> >

> > We are unable to purchase Stevia in Europe - see the following

site for info

> > http://www.foodstandards.gov.uk/bulletin/no120/stevia.htm

>

> I still don't get it. So it's okay to sell sweeteners that cause

cancer in rats,

> but not stevia. Hmm, interesting. I do believe I'll go live in a

cave now!

> Goodbye, cruel world!

>

> --

> Mindy

> -----------------------

> " ...that they may be one... "

> - Jesus, John 17:22

> AIM: BirthJnky

> ICQ: 114149