Strategy on Protecting Herbal Medicines

[Guest guest]

3/27/04

 

TCM Community

Colleagues and Friends

 

Let's stop listening to 'word spin' games.

 

The FDA statements are clearly ambiguous as has been stated and clarified by

Dr. John Chen and confirmed by others.

 

Each one of us needs to think about the issues logically and decide for

ourselves and not blindly listen or follow what others are preaching........no

matter who they are. That caveat goes for all.

 

Regarding strategies on protecting ALL of oriental medicine (also the use of

acupuncture).....and especially materia medica......there are MANY ways to be

proactive. All of the ways as has recently been mentioned contain some

viability. The question is which ones may bring the most fruits? Also....can we

do

them all simultaneously? The answer to that is bsolutely YES!

 

Trying to negotiate with one's suppressive and monopolistic competitor is one

way and there are CERTAINLY many rocks and pitfalls along that pathway. To

put blind trust in a biased suppressive system-controller is foolish to say the

least. If you have no choice....oh well...then you have to bite the bullet.

But when you have a choice and don't opt to seek it out and find out its

potential....don't blame anyone else but ourselves in the case the negotiations

fail.

 

Some are offering strong positional statements that the FDAs present rule is

the 'greatest event' (since white bread). Many of us don;t buy into this and

differ greatly with that potentially dangerous position adn activity. Don't be

lulled to sleep by the thought that someone is really handling your problems

unless you see decisive activities. Whether the courts will resolve the issues

properly is not the question. The courts must at least follow 'due process'.

Without legal options... 'due process' often is nowhere to be found and we get

violated in the process.

 

While requesting FDA clarification is one strategy which may not bring any

desired results........there are other ways of insuring that the potential of

receiving THE desired results are put into formal motion.

 

The FDA does NOT make or interpret law. They follow it.

 

As solutions go.....legislation although ideal in an ideal world.....will

definitely be a very long and very expensive proposition and most likely will

NOT

bear the fruit the profession needs and needs NOW.

 

Lobbying legislators is costly, takes a long time with uncertainty abounding.

Actually that uncertainly is built in plus the opposition has hundreds of

millions of dollars to block legislation compared to what little our colleagues

have monetarily as far as 'war chests' go.

 

The primary venue which has the greatest potential of fast and decisive

results and is compatible with the profession's needs is in FACT in the legal

domain (both the Executive and/or the Judicial branches of government) the first

of

which would be a PROPER and REAL Administrative Law challenge.

 

This type of Administrative Petition challenge has legal procedures written

into federal law (Federal Administrative Procedures Act) and IS the first

pathway that one follows to resolve these type of disputes and questions. It's

done

almost everyday. The FDAs rule would be tolled (stopped immediately), and a

Federal Administrative Law Judge would be assigned to hear the case and the

process would move forward generally following the Rules of Civil Procedure.

 

Practitioners should certainly write and speak to Congressional members about

these issues.....and at the same time they can ALSO contribute funds to

support a legal challenge.

 

If you wish to cover ALL bases to insure a win situation for the TCM

profession - contact me off list. We have been in discussions with some in the

herb

world who are seriously considering this REAL legal option.

 

Your confirmed interest will send a supportive message to them if that is

what you wish.

 

Richard A. Freiberg, OMD, NMD

Founder/President AOMNC

www.aomnc.com

 

PS - While you are contacting your legislators don't forget to tell them that

you and your patients as constituents wish them (no - demand of them) to

support and therefore co-sponsor the Federal Acupuncture Bill. For the first

time

in at least the last ten years (AOMNC which is the primary supportive

organization moving this forward) the Bill now has 42 co-sponsors with many more

to

come.

 

What a day it will be.....when EVERY acupuncturist in the United Stated will

be able to stand proud that they have been finally accpeted as THE

professional 'STATUTORY PROVIDER' for acupuncture in all of the United

States.....for all

federal employees including medicare recipients.

 

The passage of this Bill will send a message to every healthcare

reimbursement carrier in the United States similarly to the recently filed

federal

anti-trust racketeering lawsuit filed on 2/24/04.

 

WHO will stand up for you, your profession and your patients if you don't do

it YOURSELF?

 

 

 

[Guest guest]

see....all good things come to those who hang in there.

Go get em.

 

i am in the process of working with some reliable herb company/distributors

trying to convince them that what certain organizations (we know who they are)

have done is not only absolutely nothing but may in fact harm the profession.

So we will try to get the REAL DEAL together and file a lawsuit against the

FDA. Me oh my......another project that I need to get involved with. I often

wonder where the hell is the leadership of TCM? Their head must be in the sand

like an ostrich and with that you know whats sticking up in the air!!!!!

 

 

In a message dated 3/29/2004 9:59:44 PM Eastern Standard Time, nfc

writes:

rich,

 

got the injunction today

 

 

 

[Guest guest]

rich,

 

got the injunction today

 

 

-

<acudoc11

<Chinese Medicine >

Saturday, March 27, 2004 9:42 PM

Re: Strategy on Protecting Herbal Medicines

 

 

3/27/04

 

TCM Community

Colleagues and Friends

 

Let's stop listening to 'word spin' games.

 

The FDA statements are clearly ambiguous as has been stated and clarified by

Dr. John Chen and confirmed by others.

 

Each one of us needs to think about the issues logically and decide for

ourselves and not blindly listen or follow what others are

preaching........no

matter who they are. That caveat goes for all.

 

Regarding strategies on protecting ALL of oriental medicine (also the use of

acupuncture).....and especially materia medica......there are MANY ways to

be

proactive. All of the ways as has recently been mentioned contain some

viability. The question is which ones may bring the most fruits? Also....can

we do

them all simultaneously? The answer to that is bsolutely YES!

 

Trying to negotiate with one's suppressive and monopolistic competitor is

one

way and there are CERTAINLY many rocks and pitfalls along that pathway. To

put blind trust in a biased suppressive system-controller is foolish to say

the

least. If you have no choice....oh well...then you have to bite the bullet.

But when you have a choice and don't opt to seek it out and find out its

potential....don't blame anyone else but ourselves in the case the

negotiations fail.

 

Some are offering strong positional statements that the FDAs present rule is

the 'greatest event' (since white bread). Many of us don;t buy into this and

differ greatly with that potentially dangerous position adn activity. Don't

be

lulled to sleep by the thought that someone is really handling your problems

unless you see decisive activities. Whether the courts will resolve the

issues

properly is not the question. The courts must at least follow 'due

process'.

Without legal options... 'due process' often is nowhere to be found and we

get

violated in the process.

 

While requesting FDA clarification is one strategy which may not bring any

desired results........there are other ways of insuring that the potential

of

receiving THE desired results are put into formal motion.

 

The FDA does NOT make or interpret law. They follow it.

 

As solutions go.....legislation although ideal in an ideal world.....will

definitely be a very long and very expensive proposition and most likely

will NOT

bear the fruit the profession needs and needs NOW.

 

Lobbying legislators is costly, takes a long time with uncertainty

abounding.

Actually that uncertainly is built in plus the opposition has hundreds of

millions of dollars to block legislation compared to what little our

colleagues

have monetarily as far as 'war chests' go.

 

The primary venue which has the greatest potential of fast and decisive

results and is compatible with the profession's needs is in FACT in the

legal

domain (both the Executive and/or the Judicial branches of government) the

first of

which would be a PROPER and REAL Administrative Law challenge.

 

This type of Administrative Petition challenge has legal procedures written

into federal law (Federal Administrative Procedures Act) and IS the first

pathway that one follows to resolve these type of disputes and questions.

It's done

almost everyday. The FDAs rule would be tolled (stopped immediately), and a

Federal Administrative Law Judge would be assigned to hear the case and the

process would move forward generally following the Rules of Civil Procedure.

 

Practitioners should certainly write and speak to Congressional members

about

these issues.....and at the same time they can ALSO contribute funds to

support a legal challenge.

 

If you wish to cover ALL bases to insure a win situation for the TCM

profession - contact me off list. We have been in discussions with some in

the herb

world who are seriously considering this REAL legal option.

 

Your confirmed interest will send a supportive message to them if that is

what you wish.

 

Richard A. Freiberg, OMD, NMD

Founder/President AOMNC

www.aomnc.com

 

PS - While you are contacting your legislators don't forget to tell them

that

you and your patients as constituents wish them (no - demand of them) to

support and therefore co-sponsor the Federal Acupuncture Bill. For the first

time

in at least the last ten years (AOMNC which is the primary supportive

organization moving this forward) the Bill now has 42 co-sponsors with many

more to

come.

 

What a day it will be.....when EVERY acupuncturist in the United Stated will

be able to stand proud that they have been finally accpeted as THE

professional 'STATUTORY PROVIDER' for acupuncture in all of the United

States.....for all

federal employees including medicare recipients.

 

The passage of this Bill will send a message to every healthcare

reimbursement carrier in the United States similarly to the recently filed

federal

anti-trust racketeering lawsuit filed on 2/24/04.

 

WHO will stand up for you, your profession and your patients if you don't do

it YOURSELF?