A trial in Texas may be vital to us all

July 30, 2007

A trial down in Texas may be vital to us allby Tony IsaacsEvents appear to be marching slowly but surely towards a trial in Texaswhich may have major implication for all of us regarding our freedom ofaccess to dietary natural health supplements. The conflict began asresult of an FDA complaint five years ago that seeks to set a precedentfor how much control the FDA has over all natural supplementcompanies. It pits Utopia Silver, a small natural supplement companyand maker of colloidal silver which I consult to, against the Goliathof the FDA and the World Pharma lords the FDA serves.Muchlike the Alamo defenders in days gone by, this small company and it'ssupporters of health freedom are pitted against a corrupt giantdetermined to impose it's will and stifle freedom - and, just like theAlamo and the struggles that followed, the outcome may effect thefreedom and future of millions.Five years ago, about the same time that the FDA began renewedtargeting of colloidal silver because of it's effectiveness as anatural anti-biotic and rising popularity - and not coincidentally as athreat to the profits of Big Pharma and mainstream medicine - the FDAsent an email to the Texas Department of State Health Services (TDSHS ) essentiallycomplaining that Utopia Silver was making medical claims which, in theeyes of the FDA turned their supplements into drugs. The TDSHS thenbrought the complaint to the OfficerTexas Attorney General (TAG). It has since been determined that among the targeted objections are:having medical terms such as cancer, hepatitis, diabetes, etc., postedanywhere on the website; having any medical terms in a search engine,and the posting of testimonials from customers who had taken anycompany products and defeated or improved any medical condition.Such restrictions appear to be clear violation of the First Amendment (Freedom of Speech) of the Constitution of the United States of America,especially the prohibition against posting testimonials and speakingthe truth about how people believe that dietary supplements have helpedthem.If the FDA is to have their way, a person seeking a natural dietarysupplement for any medical condition would not be able to go to anywebsite which offered vitamins, minerals, natural supplements or anyother alternatives to mainstream medicine and be able to find that termin a search of the site or mentioned anywhere in the site. Neitherwould they be able to find testimonials from anyone who had used analternative to FDA approved drugs and medical procedures.NextWednesday there is a meeting between the parties in a Judges chambersin Austin, Texas as they attempt to comply with a judges request towork out an agreement. So far the Texas Attorney General's Office(TAG), which are commissioned officers of the FDA (which is likely aviolation of both the Texas and US Constitutions), appear to beobviously acting on behalf of the FDA, have not given any indication ofmaking a fair or reasonable settlement.Last spring, the Assistant Texas Attorney General in charge of thecase, Raul Noriega, first agreed and then reneged on an oral agreementthat would have settled the case. When asked why Noreiga's onlyresponse was that he was told by higher ups to proceed to trial despitethe prior agreement to settle.Last summer, TDSHS employees paid three visits to the Utopia Silveroffices and lab locations, and asked to make inspections. The firsttime, two TDSHS officers paid a visit. One identified himself as an"inspector" and the other as an "investigator". The owner of UtopiaSilver, Ben Taylor, asked to see credentials so he could make a copy. When they refused he turned them away.Later that day, they returned, accompanied by two Texas State Troopers,and said they had a warrant. When Taylor demanded to see it, they again refused,saying he could go to Austin if he wanted to see it and threatening toarrest Taylor if he did not comply. At that point, Taylor beganplacing a phone call to the local sheriff, and the TDSHS employees andState Troopers beat a hasty retreat. It was later determined that noproperly executed affidavit ever existed. The next day the TDSHS empoyees returned for a third time with aSheriff's Deputy right behind them. Taylor told them that since he wasexpecting the deputy to be there that morning to take statements aboutthe day before, he would talk to them after he spoke to the deputy. Hetold the two TDSHS men to wait outside until the deputy took statementsfrom four employees who had witnessed what had transpired the previousday."In the middle of the first statement," said Taylor, "the investigatorcame in asked to speak to the deputy. The deputy followed him to thelobby and I followed right behind. The TDSHS man asked if I was goingto comply with the warrant for an inspection. I again told him that Iwould talk to him when I finished with the deputy""He then proceeded to say that since I was refusing his inspection,"Taylor continued, "would I sign a document stating that I refusedinspection, and I said no and they left. After that, we finishedgiving our statements to the Sheriff deputy and so far they have notbeen back."Mostrecently, they have continued to stonewall and refuse to answerquestions or otherwise attempt to make clarifications requested by BenTaylor in accordance with the presiding judge's request for both sidesto work together to try to work out an agreement. WhenUtopia Silver asked why they were being singled out for such actionsand nothing was happening to similar companies, Assistant AttorneyGeneral Noriega said that "someone" had decided to make Utopia Silver a test case. After he made the statement, he was interrupted by the TDSHS officer,who, according to Taylor "proceeded to hem and haw on that point,obviously not comfortable with that statement having been made by theAssistant Attorney General." While the Texas Attorney General's office may try to contend that thisis merely a state action "to insure the safety of the citizens of theState of Texas", the truth is that in Texas the state attorney generalsare commissioned as officers of the FDA and there is no denying thatthe investigation into Utopia Silver began as a result of an FDAcomplaint.The outcome of the trial could have huge implications for thousands ofsimilar companies as well as for the many millions of U.S. citizens whochoose to use natural dietary supplements. Although not publicized until today, already many individuals andorganizations are aware of this FDA led outrage and are anxiouslywaiting to see how it unfolds. Among them is an associate of AaronRusso's who has indicated that they want to include the case in anupcoming documentary.Before all is said and done, there are likely to be many moreinterested parties join the fray in support of Utopia Silver and theissues at stake in the case. It could well be thatthe Texas Attorney General and those who are really behind the lawsuit may find that Utopia Silver has more friends and supporters than they have imagined possible.July 29, 2007 (Note: After the hearing next week I intend to update this forum and the world aboutwhat is happening down here in the Hill Country of Texas that mayaffect us all. Should the FDA persist in trying to usurp the USConstitution and our rights to access to safe and effectivealternatives to dangerous mainstream drugs and managed illness Ipromise that I will do my best to raise a hue and cry far and wide. And I will be calling upon my friends here in this group to help raise it.) The Texas ConstitutionArticle 1 - BILL OF RIGHTSSection 8 - FREEDOM OF SPEECH AND PRESS; LIBEL"Everyperson shall be at liberty to speak, write or publish his opinions onany subject, being responsible for the abuse of that privilege; and nolaw shall ever be passed curtailing the liberty of speech or of thepress. In prosecutions for the publication of papers, investigating theconduct of officers, or men in public capacity, or when the matterpublished is proper for public information, the truth thereof may begiven in evidence. And in all indictments for libels, the jury shallhave the right to determine the law and the facts, under the directionof the court, as in other cases." ------------ "The FDA'protects' the big drug companies and are subsequently rewarded, andusing the government's police powers they attack those who threaten thebig drug companies. People think that the FDA is protecting them. It isn't. What the FDA is doing and what the public thinks it is doing are as different as night and day." Dr. Herbert Ley Former U.S. FDA Commissioner

July 30, 2007

iam scared because i belive we are in TROUBLE and big one, The FDA people have no morals or felings just big pokets and biger egos.

mary

-

Tony

oleander soup

Monday, July 30, 2007 1:50 PM

A trial in Texas may be vital to us all

A trial down in Texas may be vital to us allby Tony IsaacsEvents appear to be marching slowly but surely towards a trial in Texaswhich may have major implication for all of us regarding our freedom ofaccess to dietary natural health supplements. The conflict began asresult of an FDA complaint five years ago that seeks to set a precedentfor how much control the FDA has over all natural supplementcompanies. It pits Utopia Silver, a small natural supplement companyand maker of colloidal silver which I consult to, against the Goliathof the FDA and the World Pharma lords the FDA serves.Muchlike the Alamo defenders in days gone by, this small company and it'ssupporters of health freedom are pitted against a corrupt giantdetermined to impose it's will and stifle freedom - and, just like theAlamo and the struggles that followed, the outcome may effect thefreedom and future of millions.Five years ago, about the same time that the FDA began renewedtargeting of colloidal silver because of it's effectiveness as anatural anti-biotic and rising popularity - and not coincidentally as athreat to the profits of Big Pharma and mainstream medicine - the FDAsent an email to the Texas Department of State Health Services (TDSHS ) essentiallycomplaining that Utopia Silver w as making medical claims which, in theeyes of the FDA turned their supplements into drugs. The TDSHS thenbrought the complaint to the OfficerTexas Attorney General (TAG).It has since been determined that among the targeted objections are:having medical terms such as cancer, hepatitis, diabetes, etc., postedanywhere on the website; having any medical terms in a search engine,and the posting of testimonials from customers who had taken anycompany products and defeated or improved any medical condition.Such restrictions appear to be clear violation of the First Amendment (Freedom of Speech) of the Constitution of the United States of America,especially the prohibition against posting testimonials and speakingthe truth about how people believe that dietary supplements have helpedthem.If the FDA is to have their way, a person seeking a natural dietarysupplement for any medical condition would not be able to go to anywebsite which offered vitamins, minerals, natural supplements or anyother alternatives to mainstream medicine and be able to find that termin a search of the site or mentioned anywhere in the site. Neitherwould they be able to find testimonials from anyone who had used analternative to FDA approved drugs and medical procedures.NextWednesday there is a meeting between the parties in a Judges chambersin Austin, Texas as they attempt to comply with a judges request towork out an agreement. So far the Texas Attorney General's Office(TAG), which are commiss ioned officers of the FDA (which is likely aviolation of both the Texas and US Constitutions), appear to beobviously acting on behalf of the FDA, have not given any indication ofmaking a fair or reasonable settlement.Last spring, the Assistant Texas Attorney General in charge of thecase, Raul Noriega, first agreed and then reneged on an oral agreementthat would have settled the case. When asked why Noreiga's onlyresponse was that he was told by higher ups to proceed to trial despitethe prior agreement to settle.Last summer, TDSHS employees paid three visits to the Utopia Silveroffices and lab locations, and asked to make inspections. The firsttime, two TDSHS officers paid a visit. One identified himself as an"inspector" and the other as an "investigator". The owner of UtopiaSilver, Ben Taylor, asked to see credentials so he could make a copy. When they refused he turned them away.Later that day, they returned, accompanied by two Texas State Troopers,and said they had a warrant. When Taylor demanded to see it, they again refused,saying he could go to Austin if he wanted to see it and threatening toarrest Taylor if he did not comply. At that point, Taylor beganplacing a phone call to the local sheriff, and the TDSHS employees andState Troopers beat a hasty retreat. It was later determined that noproperly executed affidavit ever existed. The next day the TDSHS empoyees returned for a third time with aSheriff's Deputy right behind them. Taylor told them that since he wasexpecting the deputy to be there that morning to take statements aboutthe day before, he would talk to them after he spoke to the deputy. Hetold the two TDSHS men to wait outside until the deputy took statementsfrom four employees who had witnessed what had transpired th e previousday."In the middle of the first statement," said Taylor, "the investigatorcame in asked to speak to the deputy. The deputy followed him to thelobby and I followed right behind. The TDSHS man asked if I was goingto comply with the warrant for an inspection. I again told him that Iwould talk to him when I finished with the deputy""He then proceeded to say that since I was refusing his inspection,"Taylor continued, "would I sign a document stating that I refusedinspection, and I said no and they left. After that, we finishedgiving our statements to the Sheriff deputy and so far they have notbeen back."Mostrecently, they have continued to stonewall and refuse to answerquestions or otherwise attempt to make clarifications requested by BenTaylor in accordance with the presiding judge's request for both sidesto work together to try to work out an agreement. WhenUtopia Silver asked why they were being singled out for such actionsand nothing was happening to similar companies, Assistant AttorneyGeneral Noriega said that "someone" had decided to make Utopia Silver a test case. After he made the statement, he was interrupted by the TDSHS officer,who, according to Taylor "proceeded to hem and haw on that point,obviously not comfortable with that statement having been made by theAssistant Attorney General." While the Texas Attorney General's office may try to contend that thisis merely a state action "to insure the safety of the citizens of theState of Texas", the truth is that in Texas the state attorney gener alsare commissioned as officers of the FDA and there is no denying thatthe investigation into Utopia Silver began as a result of an FDAcomplaint.The outcome of the trial could have huge implications for thousands ofsimilar companies as well as for the many millions of U.S. citizens whochoose to use natural dietary supplements. Although not publicized until today, already many individuals andorganizations are aware of this FDA led outrage and are anxiouslywaiting to see how it unfolds. Among them is an associate of AaronRusso's who has indicated that they want to include the case in anupcoming documentary.Before all is said and done, there are likely to be many moreinterested parties join the fray in support of Utopia Silver and theissues at stake in the case. It could well be thatthe Texas Attorney General and those who are really behind the lawsuit may find that Utopia Silver has more friends and supporters than they have imagined possible.July 29, 2007(Note: After the hearing next week I intend to update this forum and t he world aboutwhat is happening down here in the Hill Country of Texas that mayaffect us all. Should the FDA persist in trying to usurp the USConstitution and our rights to access to safe and effectivealternatives to dangerous mainstream drugs and managed illness Ipromise that I will do my best to raise a hue and cry far and wide. And I will be calling upon my friends here in this group to help raise it.)The Texas ConstitutionArticle 1 - BILL OF RIGHTSSection 8 - FREEDOM OF SPEECH AND PRESS; LIBEL

"Everyperson shall be at liberty to speak, write or publish his opinions onany subject, being responsible for the abuse of that privilege; and nolaw shall ever be passed curtailing the liberty of speech or of thepress. In prosecutions for the publication of papers, investigating theconduct of officers, or men in public capacity, or when the matterpublished is proper for public information, the truth thereof may begiven in evidence. And in all indictments for libels, the jury shallhave the right to determine the law and the facts, under the directionof the court, as in other cases."------------ "The FDA'protects' the big drug companies and are subsequently rewarded, andusing the government's police powers they attack those who threaten thebig drug companies. People think that the FDA is protecting them.It isn't.What the FDA is doing and what the public thinks it is doing are as different as night and day." Dr. Herbert LeyFormer U.S. FDA Commissioner

July 30, 2007

Tony, please send me back a reply w/ Utopia Silver's address and telephone number and I will try to get some people w/ the Texas Health Freedom Coalition on this. I hope we can get one or two state senators in at the hearing. Dr. Goebel Tony wrote: A trial down in Texas may be vital to us allby Tony IsaacsEvents appear to be marching slowly but surely towards a trial in Texaswhich may have major implication for all of us regarding our freedom ofaccess to dietary natural health supplements. The conflict began asresult of an FDA complaint five years ago that seeks to set a precedentfor how much control the FDA has over all natural supplementcompanies. It pits Utopia Silver, a small natural supplement companyand maker of colloidal silver which I consult to, against the Goliathof the FDA and the World Pharma lords the FDA serves.Muchlike the Alamo defenders in days gone by, this

small company and it'ssupporters of health freedom are pitted against a corrupt giantdetermined to impose it's will and stifle freedom - and, just like theAlamo and the struggles that followed, the outcome may effect thefreedom and future of millions.Five years ago, about the same time that the FDA began renewedtargeting of colloidal silver because of it's effectiveness as anatural anti-biotic and rising popularity - and not coincidentally as athreat to the profits of Big Pharma and mainstream medicine - the FDAsent an email to the Texas Department of State Health Services (TDSHS ) essentiallycomplaining that Utopia Silver was making medical claims which, in theeyes of the FDA turned their supplements into drugs. The TDSHS thenbrought the complaint to the OfficerTexas Attorney General (TAG).It has since been determined that among the targeted objections are:having medical terms such as cancer, hepatitis, diabetes, etc., postedanywhere on the website; having any medical terms in a search engine,and the posting of testimonials from customers who had taken anycompany products and defeated or improved any medical condition.Such restrictions appear to be clear violation of the First Amendment (Freedom of Speech) of the Constitution of the United States of America,especially the prohibition against posting testimonials and speakingthe truth about how people believe that

dietary supplements have helpedthem.If the FDA is to have their way, a person seeking a natural dietarysupplement for any medical condition would not be able to go to anywebsite which offered vitamins, minerals, natural supplements or anyother alternatives to mainstream medicine and be able to find that termin a search of the site or mentioned anywhere in the site. Neitherwould they be able to find testimonials from anyone who had used analternative to FDA approved drugs and medical procedures.NextWednesday there is a meeting between the parties in a Judges chambersin Austin, Texas as they attempt to comply with a judges request towork out an agreement. So far the Texas Attorney General's Office(TAG), which are commissioned officers of the FDA (which is likely aviolation of both the Texas and US Constitutions),

appear to beobviously acting on behalf of the FDA, have not given any indication ofmaking a fair or reasonable settlement.Last spring, the Assistant Texas Attorney General in charge of thecase, Raul Noriega, first agreed and then reneged on an oral agreementthat would have settled the case. When asked why Noreiga's onlyresponse was that he was told by higher ups to proceed to trial despitethe prior agreement to settle.Last summer, TDSHS employees paid three visits to the Utopia Silveroffices and lab locations, and asked to make inspections. The firsttime, two TDSHS officers paid a visit. One identified himself as an"inspector" and the other as an "investigator". The owner of UtopiaSilver, Ben Taylor, asked to see credentials so he could make a copy. When they refused he turned them away.Later that day, they returned, accompanied by two Texas State Troopers,and said they had a warrant. When Taylor demanded to see it,

they again refused,saying he could go to Austin if he wanted to see it and threatening toarrest Taylor if he did not comply. At that point, Taylor beganplacing a phone call to the local sheriff, and the TDSHS employees andState Troopers beat a hasty retreat. It was later determined that noproperly executed affidavit ever existed. The next day the TDSHS empoyees returned for a third time with aSheriff's Deputy right behind them. Taylor told them that since he wasexpecting the deputy to be there that morning to take statements aboutthe day before, he would talk to them after he spoke to the deputy. Hetold the two TDSHS men to wait outside until the deputy took statementsfrom four employees who had witnessed what had transpired the previousday."In the middle

of the first statement," said Taylor, "the investigatorcame in asked to speak to the deputy. The deputy followed him to thelobby and I followed right behind. The TDSHS man asked if I was goingto comply with the warrant for an inspection. I again told him that Iwould talk to him when I finished with the deputy""He then proceeded to say that since I was refusing his inspection,"Taylor continued, "would I sign a document stating that I refusedinspection, and I said no and they left. After that, we finishedgiving our statements to the Sheriff deputy and so far they have notbeen back."Mostrecently, they have continued to stonewall and refuse to answerquestions or otherwise attempt to make clarifications requested by BenTaylor in accordance with the presiding judge's request for both sidesto work together to

try to work out an agreement. WhenUtopia Silver asked why they were being singled out for such actionsand nothing was happening to similar companies, Assistant AttorneyGeneral Noriega said that "someone" had decided to make Utopia Silver a test case. After he made the statement, he was interrupted by the TDSHS officer,who, according to Taylor "proceeded to hem and haw on that point,obviously not comfortable with that statement having been made by theAssistant Attorney General." While the Texas Attorney General's office may try to contend that thisis merely a state action "to insure the safety of the citizens of theState of Texas", the truth is that in Texas the state

attorney generalsare commissioned as officers of the FDA and there is no denying thatthe investigation into Utopia Silver began as a result of an FDAcomplaint.The outcome of the trial could have huge implications for thousands ofsimilar companies as well as for the many millions of U.S. citizens whochoose to use natural dietary supplements. Although not publicized until today, already many individuals andorganizations are aware of this FDA led outrage and are anxiouslywaiting to see how it unfolds. Among them is an associate of AaronRusso's who has indicated that they want to include the case in anupcoming documentary.Before all is said and done, there are likely to be many

moreinterested parties join the fray in support of Utopia Silver and theissues at stake in the case. It could well be thatthe Texas Attorney General and those who are really behind the lawsuit may find that Utopia Silver has more friends and supporters than they have imagined possible.July 29, 2007(Note: After the

hearing next week I intend to update this forum and the world aboutwhat is happening down here in the Hill Country of Texas that mayaffect us all. Should the FDA persist in trying to usurp the USConstitution and our rights to access to safe and effectivealternatives to dangerous mainstream drugs and managed illness Ipromise that I will do my best to raise a hue and cry far and wide. And I will be calling upon my friends here in this group to help raise it.)The Texas ConstitutionArticle 1 - BILL OF RIGHTSSection 8 - FREEDOM OF SPEECH AND PRESS; LIBEL "Everyperson shall be at liberty to speak, write or publish his opinions onany subject, being responsible for the abuse of that privilege; and nolaw shall ever be passed curtailing the liberty of speech or of thepress. In prosecutions for the publication of papers, investigating theconduct of officers, or men in public capacity, or when the matterpublished is proper for public information, the truth thereof may begiven in evidence. And in all indictments for libels, the jury shallhave the right to determine the law and the facts, under the directionof the court, as in other cases."------------"The FDA'protects' the big drug companies and are subsequently rewarded, andusing the government's police powers they attack those who threaten thebig drug companies. People think that the FDA is protecting them.It isn't.What the FDA is doing and what the public thinks it is doing are as different as night and day." Dr. Herbert LeyFormer U.S. FDA Commissioner

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