Utopia Silver's Fight for Health Freedom

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Note: The photo will be visible in the email you receive but it will be archived forever without the picture in the forum. I sure wish would update their forums to support graphics.Utopia Silver's Fight for Health Freedom

A CureZone Special Report by Tony Isaacs

 

For

the past five years the Utopia Silver Supplement Company, has been

waging a battle for health freedom against the giants of the State of

Texas and the FDA - one which may have major implications for all of us

regarding the freedom of access to natural health supplements.

(Pictured to the left

is Utopia Silver owner Ben Taylor, catching up on the latest news and

sports while dining with the author at the famous Laurel Tree

restaurant near Utopia, Texas)

Much like the Alamo

defenders in days gone by, this small Texas company and its supporters

of health freedom are pitted against a corrupt giant determined to

impose it's will and stifle freedom - and, just like the Alamo and the

struggles that followed, the outcome may effect the freedom and future

of millions.

The conflict began as

result of an FDA complaint five years ago that seeks to set a precedent

for how much control the FDA has over all natural supplement companies

and specifically the manufacture and sale of colloidal silver

supplements.

 

While the Texas Attorney General's office may try to contend that this

is merely a state action "to insure the safety of the citizens of the

State of Texas", the truth is that in Texas the state attorney generals

are commissioned as officers of the FDA and there is no denying that

the investigation into Utopia Silver began as a result of an FDA

complaint. Therefore, this is really a Federal action by proxy and it

has pitted Utopia Silver Supplements, a small supplement company and

maker of colloidal silver which I consult to, against the Goliath of

the FDA and the World Pharma lords the FDA serves.

 

The persecution of Utopia Silver began five years or so ago, about the

same time that the FDA began renewed targeting of colloidal silver

because of it's effectiveness as a natural anti-biotic and rising

popularity - and not coincidentally as a threat to the profits of Big

Pharma and mainstream medicine - the FDA sent an email to the Texas

Department of State Health Services (TDSHS ) essentially complaining

that Utopia Silver was making medical claims which, in the eyes of the

FDA turned their supplements into drugs. The TDSHS then brought the

`complaint' to the Office of the Texas Attorney General (TAG).

 

It has since been determined that among the targeted objections are:

having `disease' terms such as cancer, hepatitis, diabetes, etc.,

posted anywhere on the website; having any `disease' terms in a search

engine, and the posting of testimonials from customers who had used

Utopia Silver products and defeated or improved any `disease' 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 supposed prohibition against posting

testimonials and speaking the truth about how people believe that

dietary supplements have helped them. If the FDA is to have their way,

they will stifle a supplement company's constitutionally protected

freedom of speech to the extent that a person seeking a natural dietary

supplement for any medical condition would not be able to go to any

website which offered vitamins, minerals, natural supplements or any

other alternatives to mainstream medicine and be able to find that term

in a search of the site or mentioned anywhere in the site. Neither

would they be able to find testimonials/customer opinion from anyone

who had used an alternative to FDA approved drugs and medical

procedures.

 

It is no secret that the FDA has targeted colloidal silver, which is a

safe, effective, natural and inexpensive pathogen destroyer - four

common traits of dietary supplements that represent competition to the

approved drugs of Big Pharma and which frequently come under FDA

attack. It is worth noting that that the FDA at one time had approved

34 different prescribed and OTC medications containing silver, but

withdrew approval at about the same time antibiotics came on the market

and superior methods of making colloidal silver commercially and at

home were devised.

 

The state hearings and likely trial are purportedly about licensing and

inspections, but the FDA complaint was centered around the publication

of customer testimonials which the FDA considers to be health claims

that enable them to label Colloidal Silver and other Utopia Silver

dietary supplements as drugs, and that too is part of the legal

proceedings.

 

Although the State of Texas maintains that they are acting alone,

Utopia Silver has obtained copies of individual certificates which show

that the state health and AG employees are also "Commissioned Officers"

of the FDA - in apparent conflict with the separation of state and

federal powers. It is Utopia Silver's contention that the actions to

restrict them are unconstitutional restraints on the freedom of

commercial speech (as borne out by previous Supreme Court decisions)

and further contends that there is no constitutional jurisdiction for

the state agencies, who are actually for-profit corporations (and they

are listed as such by Dun and Bradstreet) disguised as constitutional

entities.

 

Utopia Silver believes, as do many others including legal scholars,

that much of the country's court system and agencies operate outside

the Constitution as corporate entities, having no real jurisdiction

until defendents unwittingly submit to the jurisdiction by entering

into a "contract" with the courts and agencies through such measures as

appearing before a court, entering a motion, applying for a license,

etc. Such scholars and observers point to the yellow fringed admiratly

flags flying in most of our courts as clear symbols that the courts are

not constitutional courts but rather administrative corporate courts

operating under the "color of law".

 

In the case against Utopia Silver, Taylor contends that there is no

constitutionally mandated requirement for them to submit to what

amounts to a commercial contract with the STATE OF TEXAS, a corporation

acting under the color of law but not under the state or federal

constitutions, and not in accordance with the God-given unalienable

rights clearly declared by our forefathers when this country was

founded.

 

So far the Texas Attorney General's Office (TAG), has given no

indication of making a fair or reasonable settlement - although in the

Spring of 2007, the Assistant Texas Attorney General in charge of the

case, Raul Noriega, first agreed and then reneged on an oral agreement

that would have settled the case. When asked why, Noriega's response

was that he was told by higher ups to proceed to trial despite the

prior agreement to settle.

 

Last summer, TDSHS employees paid three separate visits to the Utopia

Silver offices and demanded with a bogus warrant to make inspections.

The first time, two TDSHS officers paid a visit. One identified himself

as an "inspector" and the other as an "investigator". The owner of

Utopia Silver, Ben Taylor, asked to see credentials so he could make

copies. When they refused he ordered them to leave his offices.

 

The next day they returned, accompanied by two Texas State Troopers,

and said they had a warrant. When Taylor demanded to see a supporting

affidavit, they refused, saying he could go to Austin if he wanted to

see it and threatening to arrest Taylor if he did not comply. At that

point, Taylor began placing a phone call to the local sheriff, and the

TDSHS employees and State Troopers beat a hasty retreat. It was later

determined that no properly executed affidavit ever existed.

 

Two days later the TDSHS employees returned for a third time, just

ahead of a Sheriff's Deputy. Taylor told them that since he was

expecting the deputy to be there that morning to take statements about

their previous visits, he would talk to them after he spoke to the

deputy. He told the two TDSHS/FDA `officers' to wait outside until the

deputy took statements from four employees who had witnessed what had

transpired the previous days.

 

"In the middle of the first statement," said Taylor, "the investigator

came in asked to speak to the deputy. The deputy followed him to the

lobby and I followed right behind. The TDSHS/FDA officer asked if I was

going to comply with the warrant for an inspection. I again told him

that I would 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 refused

inspection, and I said no and they meekly left. After that, we finished

giving our statements to the Sheriff's deputy and so far they have not

been back."

 

Since then, they continued to stonewall and refused to answer questions

or otherwise attempt to make clarifications requested by Ben Taylor in

accordance with the presiding judge's request for both sides to work

together to try to work out an agreement. When Utopia Silver asked why

they were being singled out for such actions and nothing was happening

to similar companies, Assistant Attorney General Noriega said that it

had been 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 the Assistant

Attorney General."

 

While the Texas Attorney General's office may try to contend that this

is merely a state action "to insure the safety of the citizens of the

State of Texas", the truth is that in Texas the state attorney generals

are commissioned as officers of the FDA, something Taylor discovered

during his defense of the case, and there is no denying that the

investigation into Utopia Silver began as a result of an FDA complaint.

Therefore, it appears clear that the entire case is really a Federal

action by proxy.

 

At a subsequent meeting before a judge in Austin, the judge threatened

to set a trial date and tried to first intimidate and then coerce Ben

Taylor to agree to a trial. Mr. Taylor refused to agree, since in doing

so he would be in effect entering into a contract to agree to the

court's jurisdiction. At one point a deputy was summoned with the clear

implication that Mr. Taylor might be arrested if he failed to agree.

Taylor, after various other tactics of intimidation by the judge,

stated that, "The court might have the power to force me into a trial,

but I will never agree to any a trial date and will attend only "in

propria persona" (in one's own proper person) by "special appearance"

in order to defend my God-given Rights." (Note: an appearance may be

either general or special; the former is a simple unqualified or

unrestricted submission to the jurisdiction of the court where the

defendant waives defects of service, the latter is for the purpose of

objecting to the sufficiency of service or the jurisdiction of the

court over a defendant without submitting to such jurisdiction).

 

The judge later commented in his chambers to Mr. Taylor, "This system

operates on fear, you have no fear and that's a problem for us."

 

Instead of setting a trial, a hearing was set before a new judge to

determine a date for interrogatories and discovery as well as

inspections and sanctions - all of which are slippery grounds and

another step towards a trial. At the subsequent hearing, Taylor again

stated his objections to the jurisdiction and a new hearing was ordered

to determine jurisdiction. When the new hearing was held and both sides

presented their arguments, the judge rendered no immediate verdict and

said she would take it under advisement and render a subsequent

decision.

 

As expected, when the judge made her decision she either dismissed or

ignored all arguments by Taylor and co-defendant Adask, however she

failed to do so pursuant to your Texas Rules of Civil Procedure, first

sending an email of her ruling and then sending a letter of the ruling,

without it being properly entered into the record as required. Some

observers believe that such failure was yet another in a string of

ploys intended to trap Taylor, Adask and other defendants into

unwittingly submitting to the court's jurisdiction. Instead of

accepting the improper notice, Taylor sent his own notice of

insufficient service to the court along with a demand to cease and

desist the fraudulent actions against them.

 

Taylor's notice was sent on November 30th of last year - and since it

was filed, a silence has descended upon the case. As Taylor reports,

"We haven't heard anything from the Texas Attorney General or the

courts since late November of last year (about 230 days). At that time,

the "judge" issued (by email initially) a court order denying my and Al

Adask's (Anti-Shyster publisher and Texas State Supreme Court

Libertarian Party candidate) special appearance." (As noted previously,

a "special appearance" is one in which is made without submitting to

the jurisdiction of the court).

 

Many who have followed the case feel that the FDA and their state

servants bit off much more than they realized when they decided to take

on Taylor and Utopia Silver. Those who know Taylor will tell you that

he is a super patriot who deeply believes in freedom and liberty; one

who has never backed down from a fight for what he believes is right

and one who is determined to carry this fight to the very end no matter

what the personal cost. Instead of finding a small company and a man

they could bully, they have instead been fought to a standstill and

have found themselves facing not only an opponent who refused to

knuckle under, but also some very thorny issues they do not wish to

face - such as the FDA commissioning state officers, the FDA and other

such agencies' true constitutional powers, freedom of commercial

speech, the issue of God-given unalienable rights and the entire

corporate "color of law" administrative system of courts and agencies.

 

This is the notice sent to the court by Ben Taylor:

RETURN OF PURPORTED COURT ORDER FOR INSUFFICIENT PROCESS AND DEMAND THAT FRAUDULENT ACTIONS CEASE, attached below.

 

C.M.R.R. 7003 0500 0000 9039 8675, dated November 30, 2007

 

Reference: Cause No. D-1-GV-04-000268 (GV 400268)

 

IN THE DISTRICT COURT

OF TRAVIS COUNTY

201ST JUDICIAL DISTRICT

 

THE STATE OF TEXAS, et. al.

Plaintifs,

v.

UTOPIA SILVER, INC., et. al.

Defendants & Alleged Defendants

 

RETURN OF PURPORTED COURT ORDER FOR INSUFFICIENT PROCESS

AND DEMAND THAT FRAUDULENT ACTIONS CEASE

 

NOTICE TO THE COURT:

I,

Ben Taylor, in my proper person (in propria persona) as a Man with

certain God-given unalienable and non-negotiable Rights and by right of

Special Visitation, hereby return the purported ORDER DENYING SPECIAL

APPEARANCES, which was placed in a containment designated as Post

Office Box 444, Utopia, a geographical location within the boundaries

of The State of Texas on or about November 28, 2007 and addressed to a

non-existent "Ben Taylor, pro se", as insufficient process pursuant to

your Texas Rules of Civil Procedure, Part II, Section 1, Rule 15 &

Rule 16, Writs and Process, to wit:

 

TEXAS RULES OF CIVIL PROCEDURE

PART II - RULES OF PRACTICE IN DISTRICT AND COUNTY COURTS

SECTION 1. GENERAL RULES

 

RULE 15. WRITS AND PROCESS

The style of all writs and process shall be "The State of Texas;" and

unless otherwise specially provided by law or these rules every such

writ and process shall be directed to any sheriff or any constable

within the State of Texas, shall be made returnable on the Monday next

after expiration of twenty days from the date of service thereof, and

shall be dated and attested by the clerk with the seal of the court

impressed thereon; and the date of issuance shall be noted thereon.

 

RULE 16. SHALL ENDORSE ALL PROCESS

Every officer or authorized person shall endorse on all process and

precepts coming to his hand the day and hour on which he received them,

the manner in which he executed them, and the time and place the

process was served and shall sign the returns officially.

 

Further, I demand that this court, Plaintiff's, and Plaintiff's

attorneys immediately cease and desist with all of their fraudulent

actions and attempts to entice, trick and otherwise force me into a

jurisdiction that has no dominion or authority over me and my business,

whether in the presence of my proper person or through the United

States Postal Service, via electronic mail, or by any other means of

communication.

Without Prejudice,

and with a Reservation

of All God-given unalienable Rights,

Within The organic State of Texas,

The United States of America

_______________________

Ben Taylor, a Man

c/o P.O. Box 444

Utopia [78884]

Within The organic State of Texas,

The United States of America

As Taylor reports, "This

Notice seems to have short-circuited the Plaintiff's intention to set

another court hearing date for Motions for a court ordered

interrogatories and depositions under oath, as well as a restraining

order to prevent my selling of colloidal silver (which they say is a

drug because of customer testimonials) and silver generators (which

they call a medical device).

 

"Also filed by us into evidence was a number of other things,

including, but not limited to, The Organic Laws of The United States of

America, The Common Law (specifically The Herbalist Charter), The Food,

Drug and Cosmetic Act of 1933, which limits the FDA's

jurisdiction/authority to Washington, DC and the territories (supported

by the 18th and 21st Amendments) except in the regulating (organizing

for efficient flow) of interstate commerce (transportation across State

lines - there is no FDA authority to control the sale and manufacturing

of anything that I can find.), the case of Lopez v. United States, Dun

& Bradstreet documents showing that the Texas Courts and government

`agencies' are "corporations for profit", the United States Code 28

Sec. 3002 showing that the "United States" is a federal corporation

(which is a fictitious rather than an organic entity- our God-given

Rights are recognized only by the organic United States of America)and

numerous other Supreme cases that establish that God-given Rights

cannot be statutorily converted into privileges."

 

Has Taylor and health freedom triumphed over a system that is corrupt

and unconstitutional? Time may tell otherwise, but so far the silence

has been deafening, and, should the state choose to take further

action, Taylor promised that he and his co-defendants will then "go on

the offensive by filing suit against key officials (in their individual

capacities) who have conspired to violate our Constitutionally secured

Rights. Public servants/government officials lose their "official

immunity" if they overstep their authority as granted (and limited) by

the Organic Laws of the USA."

-

(Author's Note: Ben Taylor signed on

as a CureZone sponsor last year. You can find his Utopia Silver

Supplement Company in the sponsors box at the bottom of every CureZone

page, and he has a special discount code for CureZone members - LR001 - which affords an automatic 15% discount on any product not on sale at the time.)