At one point we almost lost—it’s still touch and go—but there is some good news to report.
Senate Majority Leader Harry Reid (D–NV) attempted a procedural maneuver last week—a unanimous consent agreement to bring the Food Safety Modernization Act (S. 510) to the Senate floor with Leahy’s original bill (S. 3767) and Sen. Diane Feinstein’s BPA amendment attached for consideration. ANH supporters will appreciate the irony of this. We were fighting tooth and nail against the Leahy bill, a dagger aimed at natural food and supplement producers, but have supported the Feinstein amendment aimed to get BPA out of water bottles. The choice, however, was clear. It was much more important to stop Leahy than to win on Feinstein.
Sen. Tom Coburn (R–OK) objected to Reid’s proposed unanimous consent agreement, raising concerns relating to the financing of the bill. The Food Safety Bill is stalled at this point, although it is always possible that Coburn and Reid will work out their disagreement behind the scenes, setting the stage to bring it to the Senate floor.
Meanwhile, Leahy’s bill still exists on its own, since the effort to attach it without changes to the Food Safety Bill failed. But there is some good news to report. Thanks to all the messages opposing the bill that have poured in—that is, thanks to your efforts the Judiciary Committee amended it. Click here to send our new Action Alert.
The new language now fines or jails for up to ten years “any person who knowingly [adulterates or misbrands food or supplements] with conscious or reckless disregard of a risk of death or serious bodily injury.” This is a big improvement! If interpreted correctly by the FDA, it means that a producer cannot be threatened with a long jail term simply for citing leading university scientific research in its advertising.
The amended language is an important victory. Let’s give Senator Leahy credit for making the change. We spoke to the senator’s office this week, and there is no doubt that he considers himself a supporter of natural health, as demonstrated by his opposition to GMO and his writing the organic farm bill. We wish we could now support his bill, but we still can’t.
Why not? The language, even as amended, leaves wiggle room—it does not require that any actual harm or death occur. It only speaks of a vague “conscious or reckless disregard of a risk of death or serious bodily injury.” It would be too easy for the FDA to claim anything it wants to claim about what this bill is really saying. The FDA likes to intimidate. A ten-year jail term is a powerful weapon of intimidation if misused, and we think it is likely to be misused.
The real problem with attaching long jail sentences to the terms “adulteration” and “misbranding,” especially the latter, is that these terms have been so distorted by the FDA.
To our ears, “adulterated” means that it doesn’t meet good manufacturing practices, that the food itself is somehow tainted or injurious to health, or contains an ingredient that presents a significant or unreasonable risk of illness. And “misbranded” suggests deliberate and harmful misstatements about a product.
But as interpreted by the FDA, a food or supplement may be “adulterated” if some vague FDA rule is deemed by the FDA not to have been followed. “Misbranded” can mean that the producer makes a completely true statement about the product but without FDA permission. A cherry producer who cites peer-reviewed scientific research from prestigious universities on the health benefits of cherries would, in FDA-speak, have engaged in “false” and actionable “misbranding” which suddenly turns the cherries into drugs. Producers, of course, have the right to take cherries through the new drug approval process!
Until Congress fixes these interpretations of “adulteration” and “misbranding,” extreme care needs to be taken in legislating long jail terms connected to them. In the case of Leahy’s bill, more amending is needed. For such draconian jail terms to apply, the bill should require both Leahy’s new language (“conscious or reckless disregard of a risk of death or serious bodily injury”) and the actual subsequent occurrence of death or serious bodily injury.
And there is another problem with the Leahy bill that the recent amendment doesn’t change. The Leahy bill, if passed, will be attached to the Senate Food Safety Bill. It will then go into conference to be melded with the House Food Safety Bill. The House bill also has long new jail terms, but applies them to any so-called adulteration or misbranding without requiring “conscious or reckless disregard of a risk of death or serious bodily injury.” It would be the easiest thing in the world to meld the two bills by dropping the language that Senator Leahy has just added to his bill.
Keep this in mind: the Leahy bill almost certainly came into existence because new long prison terms were intentionally kept out of the Senate Food Safety Bill. Who is it that wants them back in so badly that the Leahy bill had to be created at the last moment? Although it’s a speculation, this may trace back to Congressman Waxman, the chair of the House Commerce Committee, which has jurisdiction over food safety. If there are jail terms in the Senate bill, Waxman would be expected to fight hard to remove the new qualifiers in order to get his version of the bill adopted—the version that would give the FDA a huge new club with which to threaten and intimidate natural health producers.
Do others agree with us that there are risks to passing the amended Leahy bill? Yes. Sen. Orrin Hatch (R–UT), a champion of natural health, has issued a statement for the record on the bill: “I believe this bill could have potential negative ramifications on the food and dietary supplement industries. One of those concerns would be the over-criminalization of some violations that could affect the affordability and accessibility of certain food and dietary products.”
We are very pleased that, thanks to your actions, the Leahy bill has been amended and much improved. We also recognize that the odds of it passing have now improved—but it is still a bad bill, even amended. We must keep the pressure on to defeat it. We have changed our Action Alert to reflect the change in the bill.
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Even if you wrote to your senators last week, please do so again. We have a new sample letter explaining why the amended bill is still a bad law. And if you have not yet written your senators, please take a moment and do so today! |
I am very pleased that, thanks to your actions, the Leahy bill has been amended and much improved. We also recognize that the odds of it passing have now improved—but it is still a bad bill, even amended. We must keep the pressure on to defeat it. We have changed our Action Alert to reflect the change in the bill.
The language of this bill leaves open the probability that the FDA will misuse it’s power over natural food producers and supplement manufacturers – both of which would be disasterous and an assault to our freedom and well being.
I hope you will carefully read and pay attention to the above. The problems in the language will cause so many problems for natural farming and for supplement users, whose freedom is at stake.
Harry Reid is one of the reasons I no longer consider myself a Democrat. Bought and paid for.
What a shame people like him prove our system does not represent the people – the people like me that is – not a corporation and not powerful – just hardworking and honest…but no longer trusting.
I can only imagine why he would sponsor and push such a travesty of good for people.
You say: Please take action now.
Even if you wrote to your senators last week, please do so again. We have a new sample letter explaining why the amended bill is still a bad law. And if you have not yet written your senators, please take a moment and do so today!
But when I “take action” it says “you have already taken action on this item” and doesn’t send it.
Our apologies, that issue has been corrected.
Get a bill put together that truly supports supplements and vitamins that have been rigorously tested for their efficacy and purity. Don’t throw the baby out with the bath water. Keep politics/power and corporate gain out of it. Serve the people; serve humanity.
This was created with loopholes and will have to be redone.Since I was a child in the 1950,s I have watched and studied politics, the Republicans were famous for loophole legislation then and as a result lost many states mostly better educated who did not like private interests legislating the means to obviate and overide protective legislated law for private profit at the expense of the people.
Dear Senator,
Please vote NO on the Leahy bill. It is not worded properly yet.
Peter
Although I recognize movement in the right direction, I still have concerns with the wording in the Leahy bill concerning determination of adulteration and misbranding. I admire the FDA’s so-called attempt to protect us but wish wholeheartedly that they were as vigilant with pharmaceutical companies as they seem to be with natural health producers. I have been witness to a number of pharmaceuticals that have received approval by the FDA that have resulted in serious side effects for the users. Perhaps we should legislate jail terms for pharmaceutical companies who produce drugs approved by the FDA that cause serious health risks to the people who take THEM! That seems like a good idea. Also researchers who are identified as skewing research results in favor of their drug and not reporting ill effects equally should have to serve jail terms. Having the FDA regulate supplements doesn’t provide me with any peace of mind. As far as I can see they haven’t done a particularly stellar job overseeing the pharmaceutical industry. Let’s stop being ridiculous and allow American citizens access to the supplements that seem to work for them without terrorizing the producers!
You idiots put Leahy’s horrible bill (S. 3767) with Feinstein’s good bill and made a real mess of things. NO! NO! NO! We will vote you out if you don’t go against this!
Please vote against the Leahy bill that could possibly affect Americans choices to use supplements of vitamins, minerals, antioxidents etc. This takes away our freedom to be in charge of our own individual health by not being able to afford supplements that have been used for many years without harm.
Thank you for all you do. Some times I am afraid that the legislation coming out of Washington are going to go through even though they are bad bills.
I still ask that you vote against passage of the S510/S3767 hybrid bill should it come to the floor for a vote. While I appreciate this attempt by Sen. Leahy to fix some of the language re penalties, it still has loopholes for the FDA to manipulate, and they have not been noted forever for fairness nor for even following judgments against them. Rogues, pure and simple, and rogues on the tax-payer dollar plus whatever they can import for their corporate buddies whose hands are all over these 2 bills, as are those of the Codex tribe, and anyone in bed with them should be chained to a pole for the rest of their lives, as they are a dangerous bunch and willing to destroy farming and food and healthcare anywhere it exists. They, too, like Pharma and the agencies of government that are supposed to be providing oversight to their dangerous actions, are pure trouble, a legal drug cartel operating in the very same ways as our illegal drug cartels, which need to be broken up and eliminated and imprisoned for as long as it takes to change their (?)minds.
With the US on the rails in so many ways right now, it might be tempting to sideline food safety and healthcare freedom as somewhere down the line of priorities. Unfortunately, with a public that is hungry and unhealthy, we may find ourselves fighting wars within our own borders, an event that any sane person should want to avoid entirely. Someone with guts in the Senate needs to stand before the rest of you and explain that with both food safety and true healthcare (not the mirage in the recently passed bill which merely determines which cartels will be paid for non-healthcare) exactly on the fence between dropping dead and revival to true food safety and true healthcare, much anxiety among the population exists, and for reasons with merit. We know now we cannot trust the corporate actors to deliver, and we have had too much evidence to the contrary from government to believe we can trust it either. If there is not resolution here, I think we can count on electiion-bloodletting next month, and upheaval until there is evidence of the greatly needed changes. Personally, I’d like to see YOU standing before the Senate explaining this to the rest of you.
Bottom line: Withhold S. 510 and 3767 at the very least. If you personally believe this is not important compared to involvement in 2 simultaneous wars of choice and the national economy and the Greatest Depression, than surely there should be no problem in holding off these bills until next year or never.
Thanks.
I’m tired of all these weasel-word games! Why can’t we/they just reiterate the truth: FOODS ARE NOT DRUGS, and be done with it? Seems to me all this word-manipulation is just making it harder and harder for American consumers (like me) to submit intelligent input. In other words, it seems to me it’s less about giving the FDA “more clout” (bad enough) than it is about keeping the average consumer (of average intelligence) in the dark! It is very difficult for me to sort it all out, as I have been brain-damaged by chemotherapy. (The chemo could have been avoided had I known more about natural cancer cures–and there are some out there!)
Unless I see some plain, straightforward language, how can I weigh in on issues that matter to me?
Please be careful not to limit our ability to buy natural medicines, herbs and supplements. It is very important, especially to those people who can’t afford prescription medications. These things do work and we need access to them. And we need information about them. But the information must not be so harsh that it becomes impossible to make and sell these products.
Well, at least Senator Leahy has a little bit of common sense. The problem the Senator does not see, is that someone in the FDA has to be fired. Who in the FDA is trying to pull all this crap. They need to be fired, or at the very least demoted to a statis that does not enable them to pull this kind of idotic political power non-sense. The power hungry people in the FDA HAVE TO GO! Doesn’t anyone in our government have the guts to get rid of anyone anymore?
THE BILL SOUNDS A LITTLE BETTER, BUT, AND IT’S A BIG BUT,WILL THE FDA HAVE TO PUNISH BIG PHARMA, THE MAJORITY OF THEIR DRUGS HAVE SIDE EFFECTS OF DEATH, STROKES, HEART ATTACKS, BLINDNESS, TOO MANY TO WRITE DOWN HERE. EVERY ONE OF THE DRUGS THE FDA HAS APPROVED, ARE IN VIOLATION OF THE DELANEY ACT.
IF THIS LAW WILL EFFECT THE BIG DRUG COMPANIES IN THEIR SPREADING OF POISON THEN I AM FOR IT’
The FDA cannot be trusted to do the right things about this bill, or seemingly anything for that matter. I guess this horrible place is still filled with worthless people who were appointed to their jobs there during the criminal Bush administration. As for Coburn, he is on the three worst Republicans in Congress and you sure can’t trust that devil or any Republican, at this time.
I tried to send an Action Alert letter to my senators, but could never find a Send Message or other message to do so. Where is it?
At the bottom of the post there’s box and a hyperlink “please take action now”.
I tried to send an Action Alert letter to my senators, but could never find a Send Message or other message to do so. Where is it?
I tried to send an Action Alert letter to my senators, but could never find a Send Message or other message to do so. Where is it?
I tried to send an Action Alert letter to my senators, but could never find a Send Message or other message to do so. Where is it?
I tried to send an Action Alert letter to my senators, but could never find a Send Message or other message to do so. Where is it?
I tried to send an Action Alert letter to my senators, but could never find a Send Message or other message to do so. Where is it?
I tried to send an Action Alert letter to my senators, but could never find a Send Message or other message to do so. Where is it?
Please oppose Leahy’s bill. It is written poorly and gives the FDA too much room to misinterpret the intent and to threaten and intimidate natural health producers. thank you
Is the pharmaceutical industry trying to change this country into a totalitarian state? The answer is probably yes. Poor things, they are not making enough money… they want it all.
no deal
We all want to defeat this bill. It must be done.
I believe the Leahy Bill could have potential negative ramifications on the food and dietary supplement industries. One of those concerns would be the over-criminalization of some violations that could affect the affordability and accessibility of certain food and dietary products.
Our economy is in a mess. Our health care is in a mess. Corporate executives control Washington. Why don’t we all try to rise above the level of an eight year old and see if a little common sense can resolve a few of our problems? Making cherries, walnuts, almonds and other natural foods a drug, needing FDA approval, doesn’t reach the eight year old level but we certainly should have some politicians able to reach such lofty heights.
Though some improvement has been made to the original Leahy bill, it still does not go far enough.
Please drop these draconian punishment measures that go far and beyond all sense of fairness and reason. Avoid contributing vague misdirected intentions such as adulteration and misbranding which of course opens up a big club for the FDA to wield against the food supplement industry.
Please vote against this bill.
Please remove the sevear penilties that are in Senitor Leahy bill. Limit the FDA ability to classify foods as drugs
the only draconian safety bills that should be passed should aim strictly towards the bio-tech food industry. As they seem to be the ones with agenda’s of food control of the world. I think no one entity should ever have this control, especially since it would poise them to be in sink with any other entity that is about eugenics(population control with out population consent) and big pharma that would love to have a whole new set of health conditions come upon the population that they can then sell their bogus wares to.
PLEASE DO NOT PASS THIS FLAWED BILL.
Please vote No on the food safety issues as passage will constitute an unjustified and unwarranted extension of the FDA’s powers.
What is immoderate about my request???
What ever has to be done to defeat this bill it must be done.this is a great intrusion on my rights to keep myself and my family healthy.We sent people to Washington to help us not to hurt us! So, I say again this kind of interference must be defeated! for all the very small problems with the subject of health products it is paled by comparison to putting the power of unjust laws on the people of the United States. Defeat this bill once and for all and stop trying to interfere on the “The right to chose…”.
Very good patient and logical explanation, friends! Well done. I concur completely. But something needs to be done to dramatize this matter, something like a Michael Moore interview or maybe Robin Williams–someone who has a keen sense of satire and ridicule. Think hard who you might contact to DRAMATIZE the issue. Info sent like this is certainlyelpful, but in view of the immediacy needed, we need some celebrity to speak up. I hope you have been having Dr. Gary Null inivolved!
SATIRISTS OF THE WORLD UNITE! YOU HAVE NOTHING TO LOSE BUT YOUR CHENEYS!
Jon in Maine
clear and precise labeling is needed. The FDA has been bought by the big companies that produce medication without clear labels or clear tests. I think it should be dissolved. And a real Department of Health set up. With people that have a real concern for peoples health. Enough not to get bought out.
Please vote against the Leahy bill. We need our vitamins and minerals from nature to survive against the big Pharma demands to take them away from us so we will be sicker and have to depend on their drugs only.
I am a health care practioner. I don’t want this BILL to even PASS or be debated! In our current health food products, we make no claims! I work on commission, if I don’t sell I dn’t eat. No Thank-You. Plus all people who are into feeling better and looking better will get on these products. We are numero Uno in this supplement industry. We are a networking company. Many of these modern day MLM’s fall short, even many successful ones based on SALES ONLY!!! They could care less if you FAIL or use their product. Many of them FALL SHORT of my PROFESSIONAL EXPECTATIONS…The cream rises to the top and we are in this GAME for the long haul. I am a trainer. I know NUTRITION. However, I am not a total expert. I still have professional friends I turn to. Many are in my business now because of OUR QUALITY, un-surpassed. Also, I don’t support SENATE BILL 510. and I don’t support SENATE BILL 3002. John McCain can forget it! John McCain knows not a damn thing of what he is discussing in his current language of bill 3002. He is embarassing himself and this nutrition business as a whole. He should be ASHAMED of himself to generate that kind of unprofessional child like behavior. He needs to retire from the SENATE immediatly. Eventually, I will run for CONGRESS when I relocate. Thank-you.
How can the government support academic research on the benefits of whole foods (the Five a Day Program) and condem sellers of whole foods for claiming health effects of consuming whole foods? Why are only drugs considered capable of “preventing, treating, or curing disease” (the wording of the DSHEA act), when abundant research has shown that certain foods, namely high fat, high sugar processed foods, can cause disease? And the 100,000 people who die a year from prescribed medications are ignored, or seen as “friendly fire” deaths, but the manufacturers of nutritional supplements are seen as culpable for the extremely rare (fewer than 5 deaths per year) possibly associated with supplements. No jail terms are posed for the manufacturers of prescription medications.
The power of Big Pharma greed should not be allowed to corrupt our constitutional rights to freedom of information and speech about nutrtion and nutritional supplements. We, the people of the United States, should be allowed to knowledgably choose our diet and nutritional supplements. We are not born to serve the corporate needs/wishes of Big Pharma.
no food safety bill. it is loaded with junk. please let the people speak. marie
we all want to defeat this bill. it must be done. Marilyn Schwart
I did as the message on this site requested: (Even if you wrote to your senators last week, please do so again. We have a new sample letter explaining why the amended bill is still a bad law. And if you have not yet written your senators, please take a moment and do so today!) However, I was informed that I had already sent this alert. I do not believe I had sent this particular one.
Sincerely,
Joanne Miller
Please vote against the Leahy Bill. I dont want or need anyone telling me what & how to eat. I’m capable of making those decisions myself.
Thank you,
Debbie STarks
It is DISGUSTING what these idiots in congress want — who did they SELL themselves out to? Why, BIG PHARMA. ODDLY enough, BIG PHARMA, can make ALL sorts of claims, put drugs on the market, which incidentally WE, the ignorants fund by “supporting” causes, then they MAKE ALL THE PROFIT, the drugs are RUSHED through the FDA approval, MANY DIE while on these drugs, due to complications or other crap, but hey, THAT’S OK! IF taken to court, there is a CAP on the DAMAGES, by the the BIG pharma has made enough to cover the expenses, and LOTS more in profit, and the cycle starts ALL over again! Talk about DOUBLE STANDARD! As I have mentioned before, those that run this country are the BIGGEST WHORES and will SELL themselves out to the HIGHEST BIDDER — A L W A Y S!!!
And we want to trust the FDA to impose it’s rules/regulations on the ORGANIC or SUSTAINABLE FARMER? P L E A S E!!!!
Don’t support these bills (S. 3767) (S.510) that’s nothing more than and attack of small independent farmers who grow natural products and natural supplments.
(S. 3767) (S.510)
We the People need REPRESENTATIVES who will not be beholden to Big-Agra, Big-Biz, Big-Pharma, Big-Anything…all of the above tend to poison and cost The People of this country dearly, literally and figuratively. We the People end-up flipping the bill for all the damage it causes. We the People want REPRESENTATIVES that hold OUR interests above ALL others. That IS what you were “elected” to do.
The Food “safety” Bills do Not serve our best interests. We the People know that these Bills were written for Big-(insert corporation here..) or even more nefarious reasons.
You all would be smart to realize that there are more of US everyday who are finally waking-up and are starting to watch how “our” representatives “serve” US.
I Wish US all, peace and prosperity, in-spite of “our” so-called representatives in “our” gov’t..
Dear Senator,
Please keep my access to natural food supplements possible. Refind the meanings of ”misbranding’ and ‘adulteration’ and remove the long prison terms in the legislation. Heaven know that we have enough criminals in jail and we can not support anymore of jailed persons. The punishment does not fits the crime when there is no had evidence that injursy has happened.
Gee folks, won’t you get real and stop screwing up our freedoms to purchase and ‘treat’ ourselves in the way that each of us may prefer. It seems that our Congress is doing us more harm than good these days and the pattern continues with S510/S3767.
In all of my days on this earth I have never seen so many citizens watching every move that Congress makes… and mostly with alarm. Please view this with fairness and not prejudicial … God only knows that pharmaceutical companies have killed off enough folks with their remedies.
Does it occur to anyone that this is really no business of the Congress in the first place? There is nothing here that could not or should not be handled by the States. People, Congress was never authorized to be poling their noses into every phase of our lives, quite the contrary. Since they put through the first bill with “interstate commerce” as an excuse, things continue to get worse. Toe in the door theory: they start small with something no one will object to, then multiply and grow like germs. The FDA itself is an unconstitutional entity. How much good taxpayer money could be saved if we did away with them? As far as protecting our health they are useless and regarding our freedom they are much worse.
Senator Leahy , I have grown sick and tired of the FDA intervention on things that were good for me, like Armour Thyroid which it was banned in favor of synthetic Synthroid. This “health” bill appears to be another step a curtailing my freedom to choose how to treat my body. Please, stop those attempts of giving Big Pharma fodder for killing us slowly with side effects and exhorbitant bills. You well know that drugs were manufactured from natural resources and for every sickness there is a natural way to treat it or, at leas to enhance drug effectiveness and protect from side effects.
It is time to get up and do the work. Vote against all these bills s.510/s.3767 We want the FDA out. They only looking to get us sick one way or the other by putting chemicals in our water, allowing the big companies to sell products with labels that do not disclose the real ingredients in them. Using corn syrup, generically modify products without our knowledge, using poison vaccinations for every body in the glove, etc. Are this people from the Earth or are extra terrestrials?
We the people are getting fed up of all what is going on. As some body mentioned, what in the world is doing our Congress in the White House? Instead of helping us they are using us and abusing us with our very hard working money. What about our taxes? Taxes every where. on tolls, on homes, on income tax, on state regulations, on things we buy, on things we sell. No wonder many companies move out to other countries and then they sell this inferior products to us.
This country is in chaos. What about BP? Oil spilled all over the Mexican Golf, this is not stopped there are many other oil spills in many areas of the oceans that we do not know. What about our constitution? It has been secretly change. What else can we take?
Please do not risk criminalizing the production and sale of healthy foods and supplements that a significant portion of our population depend on for their health by the 10 year jail sentence attached to the easily misinterpreted words “misbranding” and “adulterated”. Also, be sure to require that this only apply in the case of widespread or serious illness or death.
It would be inconsistent with regard for the health of Americans to punish those who manufacture and sell health supplements which are far safer than our pharmaceuticals, which, for all of their value, have been documented to kill over a hundred thousand Americans a year, with no legal penalties attached.
I am ashamed to be from a state where my Senator (Leahy D-VT) co-wrote and co-sponsored S3767. Some people give him the benefit of the doubt and say that he doesn’t truly understand the consequences of this bill. I say horse manure. He has lost my vote forever and I am informing all of my friends and acquaintances what Leahy is trying to ram through the Senate. Leahy’s website touts him as a friend of the organic farmer. He can’t have it both ways. It’s pitiful that he has succumbed to big money influence. Senator Coburn of OK is the only true patriot amongst the rake and file of the US Senate. I would like to see a website set up for him so that people can donate money to him. He deserves to be rewarded for his patriotism.
We must get rid of these Fake Bills
These bills grant the FDA way too much power!!! Too ambiguous language! Don’t support them, PLEASE!
What part of smaller Government do you people not understand?? that means less intrusion into our affairs.. If you want to make meaningful legislation that will save and change lives, do away with drinking… oh wait, we know how that went it has been tried..
Leave our supplements ALONE!!! For one this is America we are supposed to be free to make our own choices, many people in this country make a living off of supplements, do we really want to shut them down and have even more people on unemployment?
EVERYTHING government trys to control ends up corrupt and failing,Instead of restricting companies and putting them out of business, why dont you focus your efforts on actually trying to help this country and take it in the right direction
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