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Hi All, & Hi Richard,

 

Richard, may I have your permission to cross-post this to the CHA

& VBMA Lists? The topic of adequate specification and labelling of

herbal formulas is ongoing there also.

 

I have argued that the labels of all CHM formulas [indeed, all

medicines and health supplements] should display the % of all raw

ingredients used. I did not include " fillers (starch, etc) in my original

note, but I include it here.

 

Richard replied:

> Hi Phil Many would tell us that CHM cannot or should not post

> percentages of ingredients - to which I also disagree. After

> working closely with Prof. Dr. Wu, Boping especially on several

> 'one size fits most' templated formulations (such as Gan Su Pian

> (any type of cold/flu), Chang Ji Re Pian (IBS/IBD), Yang Gan Xi

> Feng Pian (yang rising, yin def syndromes)......it is pure nonsense

> to hide. I understand the economic rationale to keep formulations

> secret but any CH herbalist worth their salt doesn't worry about

> that and can easily figure out percentages. In many of the better

> CM herb books we will find formulations and their percentages and

> then the better books list the modification potentials.

 

Richard, I hope that most herbalists, especially the teachers and

policy-makers on these lists, will note your comments and ACT to

ensure proper labelling!

 

IMO, the label on ALL medicines and supplements should state

clearly the % of EVERY raw ingredient in the medicine, preferably

on a " dry matter " basis. Some colleagues argue that specific

labelling is not necessary because " experienced herbalists " can

work out the percentage of ingredients for themselves. Others say

that specific labelling may be dangerous because it may

encourage patients to self-prescribe and get their medications in

Chinatown or from WWW.

 

IMO, those arguments are simply NOT good enough. Failure to

label medicines & supplements adequately just gives ammunition

to the enemies of TCM, esp the FDA and the EU Medicines'

Boards. Our use of inadequately specified medicines is further

" proof " to them that we practise unethically and unscientifically by

not knowing precisely what we are administering to our patients.

 

Richard also wrote:

> As to what the FDA is up-to with their recent presentation of their

> final promulgation of administrative code ban on ephedrine

> alkaloids as diestary supplements ...THIS IS the 'end run' game

> plan to go after the removal of ALL herbs from the market place. A

> high ranking official at the FDA told AOMNC directly (in no

> uncertain terms) that all acupuncturists utilziing herbs to treat

> illnesses are using ILLEGAL DRUGS contrary to the US Federal Food

> & Drug Act's definition of 'drug'. And he is correct as it stands.

 

> The only reason they are not coming after acupuncturists NOW has to

> do with limited funding. But make NO MISTAKE that is within their

> future plans. Federal law trumps state law. It makes no difference

> what some states have said in their laws regarding scopes of

> practice. When [the FDA] get around to it ...we are already

> defeated UNLESS ... That is why nationally and internationally we

> MUST call for and demand legislative exemptions by an Act of

> Congress (in the US).

 

> So what is the profession doing besides sitting on it's thumbs and

> twiddling? Not very much. Since this is the status quo and sad

> state of affairs. I am already working on filing an Administrative

> challenge AGAINST the FDA's rule and if I have to do it 'pro se'

> ...so be it. Richard

 

Although THIS particular battle is within the USA, we in the EU and

other non-oriental states can only applaud your efforts. The

Medicines' Boards outside of USA will note very carefully what

happens in USA [especially if the FDA can be defeated in Court].

 

What frustrates the hell out of me is the relative sacrcity of high-

quality scientific papers to confirm the clinical benefits of herbal

medicine. In that regard, you might consider the following tactics in

your fight with FDA:

 

1. Document (at least with some specific examples) the iatrogenic

effects of some " currently accepted " allopathic medicines and

therapeutic and surgical procedures. Take some specific examples

from the following list:

 

(a) risky drugs (cytotoxic chemotherapy, longterm use of steroids,

NSAIDs, sedatives, etc)

 

(b) risky diagnostic methods (certain biopsies, invasive

myelography, etc),

 

© cytotoxic radiotherapy;

 

(d) risky surgical procedures, expecially those for which there are

not very sound data to support their use in terms of clinical

success and prolonged survival times, etc,

 

2. Argue for a " Level Playing-field " and the elimination of blatant

discrimination against TCM.

 

If FDA allows allopathic doctors to use very risky drugs, diagnostic

methods, radiotherapy, or inadequately-supported surgical

procedures, they MUST also allow properly trained OMDs, NDs,

herbalists, acupuncturists etc to use THEIR professional

judgement on the most appropriate remedies to use in their

patients.

 

3. Argue that most if not all the " documented " adverse effects of

CHMs / Chinese supplements were because of OTC (non-

professionally prescribed) use, and that the effects in most cases

involved INTERACTION with other (allopathic) drugs in patients with

already compromised LV, KI or HT function.

 

Also, argue that car accidents and abuse of alcohol kill more

people every year than CHM. Will the FDA be logical and ban the

use of cars and alcohol in USA?

 

4. Contact Tim Bolen <jurimed2, or find his

Newsletter by searching Google for the phrase " Millions of Health

Freedom Fighters " .

 

Some may find Mr. Bolen's methods distasteful because of his

(IMO) unnecessarily personal insults and attacks (in public) on his

perceived " enemies " . However, he has some great contacts and is

having some success in tackling " Quackbusters " in Court.

 

I wish you every success in this battle. If there you need any

specific literature research to help your case, let me know. I have

access to several professional abstracts databases and will do

what I can to help you.

 

Best regards,

 

Email: <

 

WORK : Teagasc Research Management, Sandymount Ave., Dublin 4, Ireland

Mobile: 353-; [in the Republic: 0]

 

HOME : 1 Esker Lawns, Lucan, Dublin, Ireland

Tel : 353-; [in the Republic: 0]

WWW : http://homepage.eircom.net/~progers/searchap.htm

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I'm chiming in a little late on this thread, but why the percentage of

ingredients. Why not in mgs???? Virtually all supplements are already list

ingredients in mgs. I believe it will be a better idea to conform our standards

to what is already out there. Less confusion.

IF you insist we label our stuff. Go for mgs. Please.

 

Chris

 

 

In a message dated 2/17/2004 1:25:38 AM Eastern Standard Time,

writes:

I have argued that the labels of all CHM formulas [indeed, all

medicines and health supplements] should display the % of all raw

ingredients used. I did not include " fillers (starch, etc) in my original

note, but I include it here.

 

 

 

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This is a critical paragraph with importance that seems to be overlooked.

Question,,,,,,, Do we treat illness, or treat imbalances and

symptoms???????

In talking to a homeopathic manufacture the other day, there is a clear

line that his company must follow to be within the law.

They treat the symptoms of " ________ " . They don't treat any illness.

 

I will suggest that according to TCM diagnosis, we don't treat illness

either. IF we are very clear about this distinction, we will be within the law.

Start treating disease, and we are using drugs. Very bad situation to be in.

 

Another question is,,, can the herbs be considered a part of the diet

according to the Chinese???

Many of the " herbs " are plants that we would naturally find in a wide and

varied diet.

 

The foods we eat affect how the meridians balance themselves within our

bodies. So do the concentrated food called herbs. What is the legal

difference? Only the desire of treating disease.

 

I believe we must understand what the law states, and see how we fit

under the law. This would take the impetus away from the FDA to stop the

illegal

drug pushing Acupuncturists.

The next step, is to guarantee our rights to practice with specific

legislation.

 

If the FDA see us as Druggists, we stand a chance in hell of getting our

agenda through. Using food preparations and concentrations of food

preparations, to rebalance meridians, is going to be the simplest safest path

for our

right to practice.

 

Chris

 

 

In a message dated 2/19/2004 7:46:01 AM Eastern Standard Time,

writes:

A high ranking official at the FDA told AOMNC directly (in no

uncertain terms) that all acupuncturists utilziing herbs to treat

illnesses are using ILLEGAL DRUGS contrary to the US FDA's

definition of 'drug'. And he is correct as it stands.

 

 

 

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Hi All,

 

Richard Freiberg [ http://www.aomnc.com ] is a very experienced

practitioner of TCM. He is looking for allies in a campaign to get the

FDA to approach TCM fairly and without prejudice.

 

I have Richard's permission to post an edited version of his note on

labelling of herbal medicines and his belief that the FDA is entering

the " end-game " in clamping down heavily on CHM (and other non-

mainstream therapies).

 

Here are some of his points (and my replies) from the TCM List.

 

I had written: I have argued that the labels of all CHM formulas

[indeed, all medicines and health supplements] should display the

% of all raw ingredients used. I did not include " fillers (starch, etc)

in my original note, but I include it here.

 

Richard replied: Hi Phil, Many would tell us that CHM cannot or

should not post percentages of ingredients. Like you, I disagree

with that view. After working closely with Prof. Dr. Wu, Boping

especially on several 'one size fits most' templated formulations

(such as Gan Su Pian (any type of cold/flu), Chang Ji Re Pian

(IBS/IBD), Yang Gan Xi Feng Pian (yang rising, yin def

syndromes). It is pure nonsense to hide the percentages of herbal

ingredients. I understand the economic reasons to keep

formulations secret but any CH herbalist worth their salt doesn't

worry about that and can easily figure out percentages. In many of

the better CM herb books we will find formulations and their

percentages and then the better books list the modification

potentials.

 

[Phil replied]: Richard, I hope that most herbalists, especially the

teachers and policy-makers on these lists, will note your

comments and ACT to ensure proper labelling!

 

IMO, the label on ALL medicines and supplements should state

clearly the % of EVERY raw ingredient in the medicine, preferably

on a " dry matter " basis. Better still, as remarked by Chris and

others, the specification should include the daily doseof the formula

(in grams (g)), PLUS the daily dose (in mg dry metter) of every raw

herb or ingredient in a formula, PLUS the amounts of binder/filler

per standard dose.

 

Some colleagues argue that specific labelling is not necessary

because " experienced herbalists " can work out the percentage of

ingredients for themselves. Others say that specific labelling may

be dangerous because it may encourage patients to self-prescribe

and get their medications in Chinatown or from WWW.

 

IMO, those arguments are simply NOT good enough. Failure to

label medicines & supplements adequately just gives ammunition

to the enemies of TCM, esp the FDA and the EU Medicines'

Boards. Our use of inadequately specified medicines is further

" proof " to them that we practise unethically and unscientifically by

not knowing precisely what we are administering to our patients.

 

[Richard again]: As to what the FDA is up-to with their recent

presentation of their final promulgation of administrative code ban

on ephedrine alkaloids as diestary supplements ...THIS IS the 'end

run' game plan to go after the removal of ALL herbs from the market

place.

 

A high ranking official at the FDA told AOMNC directly (in no

uncertain terms) that all acupuncturists utilziing herbs to treat

illnesses are using ILLEGAL DRUGS contrary to the US FDA's

definition of 'drug'. And he is correct as it stands.

 

The only reason that the FDA is not coming after acupuncturists

NOW has to do with limited funding. But make NO MISTAKE that

is within their future plans. Federal law trumps state law. It makes

no difference what some states have said in their laws regarding

scopes of practice. When [the FDA] get around to it ...we are

already defeated UNLESS ...

 

That is why nationally and internationally we MUST call for and

demand legislative exemptions by an Act of Congress (in the US).

 

Richard then goes on to give a WAKE-UP call to he whole TCM

profession in the USA; that wake-up call also aplies to EU

professionals, because I suspect that the EU has similar plans to

crackdown on herbs, homeopathics and other non-mainstream

therapies.

 

[He wrote]: So what is the profession doing besides sitting on it's

thumbs and twiddling? Not very much. Since this is the status quo

and sad state of affairs. I am already working on filing an

Administrative challenge AGAINST the FDA's rule and if I have to

do it 'pro se' ...so be it. Richard

 

[Phil again]: Although THIS particular battle is within the USA, we

in the EU and other non-oriental states can only applaud your

efforts. The Medicines' Boards outside of USA will note very

carefully what happens in USA [especially if the FDA can be

defeated in Court].

 

What frustrates the hell out of me is the relative scarcity of high-

quality scientific papers to confirm the clinical benefits of herbal

medicine. In that regard, you might consider the following tactics in

your fight with FDA:

 

1. Document (at least with some specific examples) the iatrogenic

effects of some " currently accepted " allopathic medicines and

therapeutic and surgical procedures. Take some specific examples

from the following list:

 

(a) risky drugs (cytotoxic chemotherapy, longterm use of steroids,

NSAIDs, sedatives, etc)

 

(b) risky diagnostic methods (certain biopsies, invasive

myelography, etc),

 

© cytotoxic radiotherapy;

 

(d) risky surgical procedures, expecially those for which there are

not very sound data to support their use in terms of clinical

success and prolonged survival times, etc,

 

2. Argue for a " Level Playing-field " and the elimination of blatant

discrimination against TCM.

 

If FDA allows allopathic doctors to use very risky drugs, diagnostic

methods, radiotherapy, or inadequately-supported surgical

procedures, they MUST also allow properly trained OMDs, NDs,

herbalists, acupuncturists etc to use THEIR professional

judgement on the most appropriate remedies to use in their

patients.

 

3. Argue that most if not all the " documented " adverse effects of

CHMs / Chinese supplements were because of OTC (non-

professionally prescribed) use, and that the effects in most cases

involved INTERACTION with other (allopathic) drugs in patients with

already compromised LV, KI or HT function.

 

Also, argue that car accidents and abuse of alcohol kill more

people every year than CHM. Will the FDA be logical and ban the

use of cars and alcohol in USA?

 

4. Contact Tim Bolen <jurimed2, or find his

Newsletter by searching Google for the phrase " Millions of Health

Freedom Fighters " .

 

Some may find Mr. Bolen's methods distasteful because of his

(IMO) unnecessarily personal insults and attacks (in public) on his

perceived " enemies " . However, he has some great contacts and is

having some success in tackling " Quackbusters " in Court.

 

I wish you every success in this battle. If there you need any

specific literature research to help your case, let me know. I have

access to several professional abstracts databases and will do

what I can to help you.

 

Colleagues, I urge you all to heed Richard's WAKE-UP call. I know

that many of you are already active in the political area, but I feel

that many also have their " heads in the sand " and expect that the

FDA will stop hassling herbal medicine when it bans a few more

herbs. Unfortunately an ostrich with its head in the sand leaves its

butt in the air, an easy target for a steel-capped boot!

 

US colleagues may make their voices heard by joining AOMNC [

http://www.aomnc.com ], by lobbying their political representatives,

and by cooperating with those, like Richard, who may need moral

support, research papers, literature searches, etc in preparation for

more direct dialogue with the FDA.

 

What are EU colleagues doing re the EU Medicines Boards? I

suspect that most are (as in my case) acting like ostriches also.

I'm an old-timer now and I dislike most committee work and

political matters. But can I encourage some of the younger

members on the lists to become actively involved in the political

issues? If you do not do so (and quickly), you may find yourselves

retraining to join a different profession in the future. The TCM that

WE value will be so emasculated, straight-jacketed and hog-tied in

red-tape that it will be gone in a few decades if we do not act now.

 

 

 

Best regards,

 

Email: <

 

WORK : Teagasc Research Management, Sandymount Ave., Dublin 4, Ireland

Mobile: 353-; [in the Republic: 0]

 

HOME : 1 Esker Lawns, Lucan, Dublin, Ireland

Tel : 353-; [in the Republic: 0]

WWW : http://homepage.eircom.net/~progers/searchap.htm

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