FORM LETTER TO SEND TO CODEX DELEGATES WORL WIDE

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(Live outside the USA? Please forward this to friends living in the

USA and also send the new form letter to ALL CODEX DELEGATES world

wide (read on):

 

AMERICANS:

 

Yesterday I went to my local post office and sent the enclosed LEGAL

DEMAND LETTER (see below my comments) by certified mail with return

receipt requested to key FDA officials including Acting Commissioner

Crawford, and Dr.Barbara Schneeman, US Delegate to the Codex Commitee

on Nutrition and Foods for Special Dietary Uses. Sending it gave me a

very good feeling inside, a feeling of doing something very concrete

to protect myself.

 

YOU can ALSO have this same peace of mind!!

 

This letter is now available for YOU to send to the FDA by certified

mail as well. You can see it below my comments and download it from

http://www.iahf.com/index3.html (the CODEX EMERGENCY section at

http://www.iahf.com)

 

As you can see, I have put key FDA officials on notice that I'm

challenging their jurisdiction, and I'm threatening to sue them AS

INDIVIDUALS under Title 42 which allows us to sue government

officials over violations of our civil rights. I'm also raising

numerous other points of law in my demand letter which was reviewed

and improved on by Ralph Fucetola, III JD

http://www.vitaminlawyer.com

 

If Schneeman and her superiors ignore this demand letter, and do not

argue vociferously against finalization of the Codex vitamin standard

as I have demanded, and it results in any injury to myself or anyone

else who may find themselves deprived of their access to supplements

at some future time partly as a result of their action, I won't

hesitate to follow through with a lawsuit against all persons named

in the demand letter, and I predict that I would win. I'd use the

proceeds to hire a staff and to build IAHF a lot stronger to better

serve all of our needs.

 

I encourage all of you to follow suit. The more of us who do this the

better. Print the demand letter (see below) out from the website

where it will have all bolding intact. Have it signed by two

witnesses (doesn't have to be notarized), and send it by certified

mail with return receipt requested to the Commissioner's office. If

you like you may also send it to Schneeman c/o Wehr, but you don't

have to send to both addresses unless you want to because the

Commissioner's office must relay it.

 

Note that in the letter I tell them I am including the form letter

sent to all Codex Delegates world wide as an attachment, and that

this letter provides ample scientific evidence for not pushing a

vitamin standard through to completion at Codex. Note that I am

telling them that this letter to sent to all Delegates is totally

consistent with current US law, and note that I reference current US

vitamin laws in the introduction to my demand letter- informing

Schneeman that she has a legal obligation to uphold it.

(You must also include the form letter to all Codex Delegates- get it

at http://www.iahf.com/index3.html)

 

NOTE: Even if the FDA does what we want vis a vis this demand letter,

it does NOT get us out of the woods, but its ONE OF SEVERAL THINGS we

must do to protect our access to dietary supplements.

 

ALSO:

 

1. Go to http://www.iahf.com/index3.html and send the Form Letter to

ALL Codex Delegates. Please follow the simple instructions to do

this. Unfortunately, the programmer who attempted to write a program

to make this letter sendable to all delegates with one click was not

successful, so we have a few simple steps to follow but it can still

be done quickly and this too is essential. This form letter cites

numerous scientific reasons why it would not be justified to finalize

a vitamin standard at Codex, and it puts the UN on notice that if

they ignore our concerns, they'll have zero scientific credability

and it will become widely known that they have a eugenics agenda.

 

2. Go to http://www.stoptheftaa.org ,study this site carefully and do

not vote for anyone who favors so called " free trade. " (see

congressional scorecard on the site.) The biggest harmonization

threat posed to US supplement laws is the pending Free Trade Area of

the Americas which would " HARM-onize " (make the same) all laws in our

hemisphere. The architects of the FTAA were the same people who

created the EU dictatorship which is attempting to shove the

draconian EU Food Supplement Directive down the throats of vitamin

consumers there.

 

3. Please donate to the Alliance for Natural Health's lawsuit against

the EU Food Supplement Directive at http://www.alliance-natural-

health.org As goes the EU, so goes the world. If Codex pushes a

vitamin standard through to completion on November 1, it would still

have to be ratified the following June in Rome and if ANH can get

into court prior to that as they expect to, we might give them pause

and prevail upon them not to rush to completion but to deliberate

longer.

 

4. Please DONATE to IAHF 556 Boundary Bay Rd. Point Roberts, WA 98281

USA-via paypal at http://www.iahf.com (Donations still needed to get

one more person to the Codex meeting in Bonn, and for travel to the

ACAM emergency anti Codex meeting.)

 

5) FOWARD WIDELY!! ENCOURAGE FRIENDS TO ALSO TAKE ACTION and to SIGN

UP at http://www.iahf.com for this e-letter!!

 

HERE is the DEMAND LETTER IAHF SENT TO FDA---- (While you could copy

it from this, its better to copy it from

http://www.iahf.com/index3.html where all bolding is in place, and

where you can also copy the letter to all Codex delegates so as to

include it as an attachment when you mail it.)

 

 

 

10/18/04

John C. Hammell, President

International Advocates for Health Freedom

556 Boundary Bay Rd.

Point Roberts, WA 98281 USA

 

 

Acting Commissioner of the FDA

Lester M. Crawford, D.V.M., Ph.D

& All Deputy Commissioners

U. S. Food and Drug Administration

5600 Fishers Lane, Rockville MD 20857-0001

 

To:

H.Michael Wehr, PhD

Codex Program Coordinator

 

US FDA, CFSAN

5100 Paint Branch Pkwy

Room 1B-003, HFS- 550

College Park, MD 20740

 

L.Robert Lake, JD

C/o Acting Commissioner Crawford

 

Also to: Barbara O.Schneeman, CFSAN, FDA, US Delegate to the Codex

Committee on Nutrition and Foods for Special Dietary Uses c/o Acting

Commissioner Crawford and c/o H.Michael Wehr, PhD, Codex Program

Coordinator

 

CERTIFIED DEMAND FOR PROOF OF JURISDICTION - DEMAND TO STRENUOUSLY

OPPOSE FINALIZATION OF THE STANDARD FOR VITAMINS AND MINERALS AT THE

CODEX COMMITTEE ON NUTRITION AND FOOD FOR SPECIAL DIETARY USES IN

BONN GERMANY, NOVEMBER 1-5 2004 [FDA Docket: 04-022N]

 

This certified letter to you is to establish a legal foundation for

litigation against you for violation of my rights in case you act

under color of law and in violation of rights protected by law, by

either voting in favor of finalizing the standard for vitamins and

minerals at the Codex Committee on Nutrition and Foods for Special

Dietary Uses Meeting from November 1-5 in Bonn, Germany, or by not

strenuously objecting to finalization of said vitamin standard as

would be consistent with current US law. (Dietary Supplement Health

and Education Act of 1994, and also FDA Modernization Act of 1997

Public Law No. 105-115, 111 Stat. 2296 See section 803 ©, Paragraph

c-5 saying " Paragraphs (1) through (4) shall not apply with respect

to dietary supplements. " )

 

Should you fail to respond to this legal demand for proof of

jurisdiction, and also ignore the demands made in this letter, the

litigation against you as private citizens will be based on the

following points of law:

 

 

 

(p.2 of 4)

1. The United States Government does not have the duty of

protecting or regulating the health of the citizens of the 50 united

States. It does have the obligation of not illegally burdening the

rights of citizens, Article Ten, Amendments to the Constitution of

the united States: " The powers not delegated to the United States by

the Constitution, nor prohibited by it to the States, are reserved to

the States respectively, or to the people. "

 

2. Herbal supplementation goes back thousands of years, and has

been used by natural health practitioners since the first man and

woman walked on the earth. The right of the individual to use herbal

supplementation and vitamins/minerals has been protected by Anglo-

American law since at least the Herbalists Charter of Henry VIII,

which is part of the Common Law of the united States.

 

3. The Supreme Court of the United States has ruled that common

businesses or occupations that have been followed in every village

for thousands of years, are occupations by right.

 

4. Citizens are the sovereign of this nation.

 

5. The sovereign citizens of this nation have outlined the

duties of government in documents known as Constitutions.

 

6. The United States Government is limited by the tenth

Amendment to the Constitution to the duties specifically listed as

belonging to it. This does not allow the United States Government to

prohibit vitamin or herbal supplementation, or to enter into any

agreement with a foreign power or foreign nation that would lead to

the regulation or prohibition of any dietary supplement product in

the sovereign States of America.

 

Following are concise, legal proofs of the points above:

 

There is no mention anywhere in the Constitution for the United

States that the federal government has the duty of protecting the

health of the citizens of the 50 united States. The United States

Supreme Court has repeatedly ruled through this nation's history that

this principle is correct (Caha v. United States, 152 US 211, S. Ct.

Rep. Vol.14, 513, 514; Keller v. United States, 299 S. Ct. Rep 471,

472. Its duty is to protect the fifty sovereign states against

invasion, and to make sure that interstate commerce is fair, safe,

and equal between companies to carry goods between states.

 

Ancient books, such as the Bible, show herbal remedies being used

thousands of years ago.

 

The United States Supreme Court ruled that common businesses are a

right in Butcher's Union v. Crescent City, 111 US 746, 751 and

Allgeyer v. Louisiana, 165 US 578, 579.

 

The people are the sovereigns of this nation. The first three words

of the Constitution for the United States show that the people have

instituted this type of government for the United States of America.

They assigned duties for the National Government, and other duties

for the State Governments.

 

" There is no such thing as a power of inherent Sovereignty in the

government of the United States. In this country sovereignty

resides in the People , and Congress can exercise no power

 

 

(p3 of 4)

which they have not, by their Constitution, entrusted to it. All

else is withheld. " Julliard v. Greenman, 110 US 421.

 

" Under our form of government, the legislature is NOT supreme. It is

only one of the organs of that ABSOLUTE SOVEREIGNTY which resides in

the whole body of the PEOPLE , like other bodies of the government,

it can only exercise such powers as have been delegated to it, and

when it steps beyond that boundary, its acts are….utterly void. "

Billings v. Hall, 7 CA 1.

 

" …sovereignty itself remains with the PEOPLE , by whom and for whom,

all government exists and act. " Yick Wo v. Hopkins, 118 US 356.

 

This certified letter to you concerns negotiations to establish a

world wide Codex Alimentarius Commission standard for vitamins and

minerals which would attempt to violate my sovereignty, violate my

right to follow a common occupation, and deny to me usage of those

harmless products used for thousands of years.

 

You are advised of the following Federal Law: 18 USC – Criminal Code,

Section 241: " If two or more persons conspire to injure, oppress,

threaten or intimidate any citizen in the exercise of any RIGHT or

privilege secured to him by the Constitution or laws of the United

States, or because of him having so exercised the same…. They shall

be fined not more than $10,000 or imprisoned not more than ten years,

or both, and if death results, they shall be subject to imprisonment

for any term of years or for life.

 

18 USC – Criminal Code, Section 242: " Whoever , under color of any

law, statute, ordinance, regulation or custom willfully subjects any

inhabitant of any State, or Territory to the deprivation of any

RIGHTS, privileges or immunities secured by the Constitution or laws

of the United States….. "

 

Not only could your present action make you liable under the above

statutes, consider Title 42 Section 1983 of the Civil Rights – Civil

action for deprivation of rights: " Every person who, under color of

any statute, ordinance, regulation, custom or usage, of any State or

Territory, or the District of Columbia, subjects, or causes to be

subjected, any citizen of the United States or other person within

the jurisdiction thereof to the deprivation of any rights, privileges

or immunities secured by the Constitution and laws, shall be liable

to the party injured in an action at law, suit in equity, or other

proper proceedings for REDRESS…

 

In so far as your actions result in impositions of legal restrictions

on the free availability of truthful information about dietary

supplements and other health care information, your actions violate

the First Amendment to the Constitution, and are contrary to the

April 29, 2002 holding of the Supreme Court of the united States in

the case of Thompson v Western States Medical Center:

 

 

" If the First Amendment means anything, it means that regulating

speech must be a last - not first - resort. "

 

" We have previously rejected the notion that the Government has an

interest in preventing the dissemination of truthful commercial

information in order to prevent members of the public from making bad

decisions with the information. "

 

 

 

(p.4 of 4)

 

" Even if the Government did argue that it had an interest in

preventing misleading advertisements, this interest could be

satisfied by the far less restrictive alternative of requiring . . .

a warning that . . . risks were unknown. "

 

Federal statutory law forbids the " harmonization " of united States

laws with those of other countries where such " harmonization " would

restrict the access of citizens to Dietary Supplements protected by

the Dietary Health and Education Act of 1994.

 

The political position of the united States must be that other

nations shall harmonize their restrictive health choice laws to our

liberties, not that we may be at risk of restrictions on our liberty

which is protected by our Constitution and laws, and you must make

this position abundantly clear at the CCNFSDU meeting in Bonn from

November 1-5, 2004 while opposing the vitamin standard, and while

demanding that work on this standard cease immediately for the

betterment of the public health as abundantly outlined in the

attached form letter sent to delegates of all countries present at

the CCNFSDU.

 

I strongly support the enforcement of these laws that are designed to

protect my fundamental human right, under the Universal Declaration

of Rights, Declaration of Helsinki and other enactments, to freely

choose, with informed consent, those measures, including Dietary

Supplementation, I determine to be of benefit to me [see: AMA Code

of Ethics, Opinion 3.04]

 

I call up on you to discontinue your conspiracy against the sovereign

citizens of these united fifty States. You are conspiring with

people without and within the executive branch to deprive the

sovereigns of this great nation of vitamin and mineral and other

dietary supplement products that have been used safely for decades.

We believe this to be treason against the sovereigns of this nation.

This ongoing conspiracy is totally illegal and no results of it can

be enforced. You will be held responsible through litigation for any

damages to any citizen of the united fifty States, and may be sued as

private citizens should you unwisely chose to ignore this demand.

..

 

 

 

 

 

 

John C.

Hammell

 

 

 

 

 

Witness to mailing Witness to

mailing

 

 

____________________________

 

For Health Freedom,

John C. Hammell, President

International Advocates for Health Freedom

556 Boundary Bay Road

Point Roberts, WA 98281-8702 USA

http://www.iahf.com

jham

800-333-2553 N.America

360-945-0352 World