Herb Company sues FTC

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This is a lawsuit to keep an eye on.

 

Cyndi

 

 

 

Native Essence Herb Company Sues FTC TAOS, N.M.--(BUSINESS WIRE)--For the first time, the Federal TradeCommission is being sued over the use of history.A New Mexico herb company says the First Amendment gives it the right totell customers the historical use of herbs in treating serious diseases. TheFTC says this violates its guidelines.Now the issue is headed to court. Native Essence Herb Company, and itsowners Mark and Marianne Hershiser, has sued to strike down the FTC'sguidelines.The lawsuit was filed by Houston attorney Richard A. Jaffe, Esq., a leadinghealth care attorney and the author of "Galileo's Lawyer," an insider's lookinto the battles between the government and the complementary medicinefield."Herb sellers should be able to tell consumers that an herb has a longhistorical use to treat a disease," says Jaffe. "The FTC's prohibition ofthis kind of truthful information is unreasonable and unconstitutional."The lawsuit asks the federal court to declare the FTC's guidelines on"historical use claims" for herbal remedies a violation of the FirstAmendment.Company owner Hershiser wants to post this historical use information on hiswebsite, much of which is taken from federal government websites, and hewants the courts to allow him that right."This is a precedent-setting case," Jaffe says. "The issue has never beenlitigated; it not only affects the Hershisers, but all companies which sellherbal products."In April 2008, the FTC told the New Mexico herb company that its websitecontained false, misleading or unsubstantiated claims, including claims thatsome of the listed herbs have been used for hundreds or thousands of yearsby Native Americans and other cultures. The FTC received no consumercomplaints, yet it threatened to file an injunction action against thecompany.Native Essence removed that information about their products from theirwebsite. However, the company owners decided not to settle with the FTC, butfile suit to overturn the FTC's advertising guidelines and seek a judicialruling allowing sellers of herbal remedies to provide consumers withinformation found on government websites and other recognized legitimatesources.Gas prices getting you down? Search AOL Autos for fuel-efficient used cars.