Native Essence Herb Company Sues FTC

[Guest guest]

Unfortunately

the WARNING boxes on natural supplement labels are not satisfying the FTC and

the FDA. Nor are they satisfied by the health disclaimers that natural health

websites post about seeing your healthcare professional for serious illness,

etc. They have determined that " you and I " are not smart enough to decide

what is best for OUR health and well-being. Only Big Pharma knows best

and if they can't get you to take their drugs then they will take away any

natural means that is available.

 

Whether

you agree with supplementation/herbs/food-grade vitamins or not, every person

in America who believes in natural remedies for health and well-being should

get behind this company and post their disgust and outright rage with the FTC.

It's getting bad, folks, and we need to tell them to " BACK-OFF! "

 

Talking

about the word " cure " . It seems that pharmaceutical companies can use

this word which makes me laugh when we see how many people are maimed or even

killed using pharmaceutical drugs. Prime-time TV is full of drug commercials

and the " go ask your doctor " if this is right for you mantra. They

have no " proof " that these chemicals work (clinical trials are a

joke) and yet when sued or brought to trial every MD will back the drugs! (My

daughter was a paralegal for one of the lawyers that fought against the drugs

Phen-fen and Vioxx and they were amazed at how MD’s would get on the

stand and blatantly lie!) I don't tend to be a conspiracy buff, but all fingers

point toward a conspiracy against anything that will keep you and me healthy,

without harming the body. We need to be watching all of this with the eyes of a

hawk and we need to be VERBAL about it. They are putting chemicals into

our water, our food, our air and are trying to take away anything that is “natural”

to the body – soon there will be no such thing as an heirloom seed.

And WE are allowing it to happen. By the way, the wonderful chemical

companies are playing a huge part in this – how many years now have they

duped us into believing that plastics are safe??

 

I

have a friend who used to be a practicing naturopath in Australia. When

the Australian government decided that only docs could prescribe and give out supplementation,

he said that, literally, overnight the health food stores shelves were bare and

the MD's became " experts " in natural health. I pray this doesn't

happen in America but the dark clouds are becoming more formed and are looming

over-head and yet, for the most part, not many seem to care.

 

We

should never be afraid of knowledge. Knowledge empowers us and should not

stress us but encourage us toward action.

 

 

Native

Essence Herb Company Sues FTC

 

 

TAOS, N.M.--(BUSINESS

WIRE)--For the first time, the Federal Trade Commission is being sued over the

use of history.

 

A New Mexico herb company says

the First Amendment gives it the right to tell customers the historical use of

herbs in treating serious diseases. The FTC says this violates its guidelines.

 

Now the issue is headed to

court. Native Essence Herb Company, and its owners Mark and Marianne Hershiser,

has sued to strike down the FTC's guidelines.

 

The lawsuit was filed by

Houston attorney Richard A. Jaffe, Esq., a leading health care attorney and the

author of " Galileo's Lawyer, " an insider's look into the battles

between the government and the complementary medicine field.

 

" Herb sellers should be

able to tell consumers that an herb has a long historical use to treat a

disease, " says Jaffe. " The FTC's prohibition of this 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 First Amendment.

 

Company owner Hershiser wants

to post this historical use information on his website, much of which is taken

from federal government websites, and he wants the courts to allow him that

right.

 

" This

is a precedent-setting case, " Jaffe says. " The issue has never been litigated;

it not only affects the Hershisers, but all companies which sell herbal

products. "

 

In April 2008, the FTC told

the New Mexico herb company that its website contained false, misleading or

unsubstantiated claims, including claims that some of the listed herbs have

been used for hundreds or thousands of years by Native Americans and other cultures.

The FTC received no consumer complaints, yet it threatened to file an

injunction action against the company.

 

Native Essence removed that

information about their products from their website. However, the company

owners decided not to settle with the FTC, but file suit to overturn the FTC's

advertising guidelines and seek a judicial ruling allowing sellers of herbal

remedies to provide consumers with information found on government websites and

other recognized legitimate sources.

 

 

Be

Well,

Loretta

 

www.oawhealth.com

Sign-up for our FREE Advanced Health & Wellness Newsletter

 

 

 

[Guest guest]

Dr. Lanphier, How do we help? Is there a website similar to numbers usa (immigration website) where you can go and fill out a prewritten letter to your congressmen and the ftc and the fda very easily. It will make it easy for people to fight instead of complicated. Let us know if that is the case. I know of another company right now fighting the ftc.

Thanks, Robyn--- On Sat, 6/28/08, Dr. Loretta Lanphier <drlanphier wrote:

Dr. Loretta Lanphier <drlanphier Native Essence Herb Company Sues FTColeander soup Date: Saturday, June 28, 2008, 2:25 PM

 

 

 

Unfortunately the WARNING boxes on natural supplement labels are not satisfying the FTC and the FDA. Nor are they satisfied by the health disclaimers that natural health websites post about seeing your healthcare professional for serious illness, etc. They have determined that "you and I" are not smart enough to decide what is best for OUR health and well-being. Only Big Pharma knows best and if they can't get you to take their drugs then they will take away any natural means that is available.

 

Whether you agree with supplementation/ herbs/food- grade vitamins or not, every person in America who believes in natural remedies for health and well-being should get behind this company and post their disgust and outright rage with the FTC. It's getting bad, folks, and we need to tell them to "BACK-OFF!"

 

Talking about the word "cure". It seems that pharmaceutical companies can use this word which makes me laugh when we see how many people are maimed or even killed using pharmaceutical drugs. Prime-time TV is full of drug commercials and the "go ask your doctor" if this is right for you mantra. They have no "proof" that these chemicals work (clinical trials are a joke) and yet when sued or brought to trial every MD will back the drugs! (My daughter was a paralegal for one of the lawyers that fought against the drugs Phen-fen and Vioxx and they were amazed at how MD’s would get on the stand and blatantly lie!) I don't tend to be a conspiracy buff, but all fingers point toward a conspiracy against anything that will keep you and me healthy, without harming the body. We need to be watching all of this with the eyes of a hawk and we need to be VERBAL

about it. They are putting chemicals into our water, our food, our air and are trying to take away anything that is “natural” to the body – soon there will be no such thing as an heirloom seed. And WE are allowing it to happen. By the way, the wonderful chemical companies are playing a huge part in this – how many years now have they duped us into believing that plastics are safe??

 

I have a friend who used to be a practicing naturopath in Australia. When the Australian government decided that only docs could prescribe and give out supplementation, he said that, literally, overnight the health food stores shelves were bare and the MD's became "experts" in natural health. I pray this doesn't happen in America but the dark clouds are becoming more formed and are looming over-head and yet, for the most part, not many seem to care.

 

We should never be afraid of knowledge. Knowledge empowers us and should not stress us but encourage us toward action.

 

 

Native Essence Herb Company Sues FTC

 

 

TAOS, N.M.--(BUSINESS WIRE)--For the first time, the Federal Trade Commission is being sued over the use of history.

 

A New Mexico herb company says the First Amendment gives it the right to tell customers the historical use of herbs in treating serious diseases. The FTC says this violates its guidelines.

 

Now the issue is headed to court. Native Essence Herb Company, and its owners Mark and Marianne Hershiser, has sued to strike down the FTC's guidelines.

 

The lawsuit was filed by Houston attorney Richard A. Jaffe, Esq., a leading health care attorney and the author of "Galileo's Lawyer," an insider's look into the battles between the government and the complementary medicine field.

 

"Herb sellers should be able to tell consumers that an herb has a long historical use to treat a disease," says Jaffe. "The FTC's prohibition of this 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 First Amendment.

 

Company owner Hershiser wants to post this historical use information on his website, much of which is taken from federal government websites, and he wants the courts to allow him that right.

 

"This is a precedent-setting case," Jaffe says. "The issue has never been litigated; it not only affects the Hershisers, but all companies which sell herbal products."

 

In April 2008, the FTC told the New Mexico herb company that its website contained false, misleading or unsubstantiated claims, including claims that some of the listed herbs have been used for hundreds or thousands of years by Native Americans and other cultures. The FTC received no consumer complaints, yet it threatened to file an injunction action against the company.

 

Native Essence removed that information about their products from their website. However, the company owners decided not to settle with the FTC, but file suit to overturn the FTC's advertising guidelines and seek a judicial ruling allowing sellers of herbal remedies to provide consumers with information found on government websites and other recognized legitimate sources.

 

 

Be Well,

Loretta

 

www.oawhealth. com Sign-up for our FREE Advanced Health & Wellness Newsletter

 

 

[Guest guest]

The FTC site does not really have a place for comments like

this. I would suggest calling Native Essence Herb and ask them how you

can help them with their fight. Possibly they could encourage their lawyers to

set up an internet site where people could comment and then it be sent to the FTC

and FDA.

Native Essence Herb Co.

4 Tune Drive unit B

El Prado, NM 87529

800-533-5511

575-758-7793

575-758-7993 fax

Mailing address

Native

Essence Herb Co.

PO Box 189

Carson, NM 87517

Be Well

Loretta

 

 

 

 

 

 

oleander soup

oleander soup On

Behalf Of robyn howell

Sunday, June 29, 2008 9:45

AM

oleander soup

Re: Native

Essence Herb Company Sues FTC

 

 

 

 

 

Dr. Lanphier, How

do we help? Is there a website similar to numbers usa (immigration website)

where you can go and fill out a prewritten letter to your congressmen and the

ftc and the fda very easily. It will make it easy for people to fight instead

of complicated. Let us know if that is the case. I know of another company

right now fighting the ftc.

 

 

 

 

Thanks, Robyn

 

 

 

 

 

 

 

 

 

 

 

[Guest guest]

You are right on the mark. I might point out that the FDA may not be

satisfied, but they have no constitutional grounds for to not be - and

it is telling that they have no such labeling and disclaimer problem

when it comes to cereals and snacks and other food items which are

made by industry giants like General Mills - an inequity the Supreme

Court noted when it ruled against them in allowing first amendment

protection to extend to commercial freedom of speech in a case

involving vitamins and minerals. Which has not stopped them from

continuing to try to apply unconstitutional laws, rules, codes and

interpretations to suppress natural alternatives that threaten the

profits of their true masters.

 

The problem with the FDA (and FTC) when it comes to natural

supplements is but a microcosm of a much larger problem - our country

has to a very great extent ceased to be an organic federal republic

(the organic United States of America) where, as intended by our

founders in the Declaration of Independencs and secured by the

Constitution, the individual reigns supreme with God given unalienable

rights and a weak federal government serves primarily to protect our

lives, property and liberty.

 

Instead, we now have a corporate UNTIED STATES OF AMERICA, which

dictates from the top down with unconstitutional infringements on our

property and our freedoms for the benefit of the big monied interests

it really serves.

 

If you really want to see my magnum opus opinion on this subject, take

a look at:

 

http://curezone.com/forums/fm.asp?i=1202673#i

 

in which I quoted some of my past articles, gave further opinion and

borrowed (stole?) from a couple of forum members here.

 

 

In oleander soup , " Dr. Loretta Lanphier "

<drlanphier wrote:

>

>

>

> Unfortunately the WARNING boxes on natural supplement labels are not

> satisfying the FTC and the FDA. Nor are they satisfied by the health

> disclaimers that natural health websites post about seeing your

healthcare

> professional for serious illness, etc. They have determined that

" you and I "

> are not smart enough to decide what is best for OUR health and

well-being.

> Only Big Pharma knows best and if they can't get you to take their drugs

> then they will take away any natural means that is available.

>

>

>

> Whether you agree with supplementation/herbs/food-grade vitamins or not,

> every person in America who believes in natural remedies for health and

> well-being should get behind this company and post their disgust and

> outright rage with the FTC. It's getting bad, folks, and we need to

tell

> them to " BACK-OFF! "

>

>

>

> Talking about the word " cure " . It seems that pharmaceutical

companies can

> use this word which makes me laugh when we see how many people are

maimed or

> even killed using pharmaceutical drugs. Prime-time TV is full of drug

> commercials and the " go ask your doctor " if this is right for you

mantra.

> They have no " proof " that these chemicals work (clinical trials are

a joke)

> and yet when sued or brought to trial every MD will back the drugs! (My

> daughter was a paralegal for one of the lawyers that fought against the

> drugs Phen-fen and Vioxx and they were amazed at how MD's would get

on the

> stand and blatantly lie!) I don't tend to be a conspiracy buff, but all

> fingers point toward a conspiracy against anything that will keep

you and me

> healthy, without harming the body. We need to be watching all of

this with

> the eyes of a hawk and we need to be VERBAL about it. They are putting

> chemicals into our water, our food, our air and are trying to take away

> anything that is " natural " to the body - soon there will be no such

thing as

> an heirloom seed. And WE are allowing it to happen. By the way, the

> wonderful chemical companies are playing a huge part in this - how many

> years now have they duped us into believing that plastics are safe??

>

>

>

> I have a friend who used to be a practicing naturopath in Australia.

When

> the Australian government decided that only docs could prescribe and

give

> out supplementation, he said that, literally, overnight the health food

> stores shelves were bare and the MD's became " experts " in natural

health. I

> pray this doesn't happen in America but the dark clouds are becoming

more

> formed and are looming over-head and yet, for the most part, not

many seem

> to care.

>

>

>

> We should never be afraid of knowledge. Knowledge empowers us and

should

> not stress us but encourage us toward action.

>

>

>

>

>

> Native Essence Herb Company Sues FTC

>

>

>

>

>

> TAOS, N.M.--(BUSINESS WIRE)--For the first time, the Federal Trade

> Commission is being sued over the use of history.

>

>

>

> A New Mexico herb company says the First Amendment gives it the right to

> tell customers the historical use of herbs in treating serious

diseases. The

> FTC says this violates its guidelines.

>

>

>

> Now the issue is headed to court. Native Essence Herb Company, and its

> owners Mark and Marianne Hershiser, has sued to strike down the FTC's

> guidelines.

>

>

>

> The lawsuit was filed by Houston attorney Richard A. Jaffe, Esq., a

leading

> health care attorney and the author of " Galileo's Lawyer, " an

insider's look

> into the battles between the government and the complementary medicine

> field.

>

>

>

> " Herb sellers should be able to tell consumers that an herb has a long

> historical use to treat a disease, " says Jaffe. " The FTC's

prohibition of

> this 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 First

> Amendment.

>

>

>

> Company owner Hershiser wants to post this historical use

information on his

> website, much of which is taken from federal government websites, and he

> wants the courts to allow him that right.

>

>

>

> " This is a precedent-setting case, " Jaffe says. " The issue has never

been

> litigated; it not only affects the Hershisers, but all companies

which sell

> herbal products. "

>

>

>

> In April 2008, the FTC told the New Mexico herb company that its website

> contained false, misleading or unsubstantiated claims, including

claims that

> some of the listed herbs have been used for hundreds or thousands of

years

> by Native Americans and other cultures. The FTC received no consumer

> complaints, yet it threatened to file an injunction action against the

> company.

>

>

>

> Native Essence removed that information about their products from their

> website. However, the company owners decided not to settle with the

FTC, but

> file suit to overturn the FTC's advertising guidelines and seek a

judicial

> ruling allowing sellers of herbal remedies to provide consumers with

> information found on government websites and other recognized legitimate

> sources.

>

>

>

>

>

> Be Well,

>

> Loretta

>

> <http://www.oasisadvancedwellness.com/> www.oawhealth.com

> Sign-up for our FREE <http://www.oasisadvancedwellness.com/newsletter/>

> Advanced Health & Wellness Newsletter

>