Help Preserve 1st Amendment Rigths of the Companies you Buy From sign now

Did you know...

* The FDA prohibits food and dietary companies from telling you how nutrients in their products can prevent or treat disease?
* A company must spend tens of thousands of dollars and wait a year or more for FDA approval of a sentence of truth about how a nutrient affects a disease?
* The FDA and the FTC routinely violate our First Amendment rights by shifting the First Amendment burden of proof from the government (where the Constitution places it) to those it accuses of deceptive advertising?

Only with your help can we put an end to the abuse and restore constitutional government. By signing our online petition you will help us fight this battle to protect our First Amendment rights against government suppression.

With your help we aim to present Congress with over 1 million signatures by January 1, 2006.


Full Message to those that Cherish Freedom:

Did you know that the Food and Drug Administration prohibits food and dietary supplement companies from telling consumers how nutrients in their products can prevent or treat disease? No person or entity that sells nutrients can lawfully tell you the therapeutic effects of those products unless FDA approves each statement; that prior restraint is imposed even if the statement is true. To tell you one sentence of truth about how a nutrient affects a disease, a company must spend tens of thousands of dollars and wait for a year or more until FDA approves it (and FDA approves precious few). Not many companies can afford those rates or those odds. The effect is a mass suppression of health information in grocery stores, health food stores, and in the media. Those with the greatest financial interest in telling you the effects of the most basic substances we consume every day cannot legally tell you. For example, it is illegal for those who sell prune juice to tell consumers that their products relieve chronic constipation yet who on earth would question the truth of that statement? A company that did tell you that effect could have its product enjoined from sale and seized and its corporate officers prosecuted with potential prison terms.

Did you know that the Federal Trade Commission shifts the First Amendment burden of proof from the government (where the Constitution places it) to those it accuses of deceptive advertising? The FTC routinely charges parties with deceptive advertising not based on scientific proof it possesses that the statement it challenges is false but, instead, based on its own supposition that the statement is false. FTC takes the position that those who advertise cannot do so legally unless they possess documentary proof to a near certain degree and before they commence advertising that each health benefit statement they wish to make is true. When FTC charges a party with deceptive health benefit advertising, it presumes the party guilty of the charge unless the party can present scientific studies establishing its statements true to a near conclusive degree. So if the statement is in fact true, if the documentation is deemed insufficient, the party accused is found guilty. Under our First Amendment that burden shifting is entirely impermissible.

Our Constitution makes government prove by a preponderance of the evidence that a claim is false before it restricts speech. The Constitution does not allow the burden it places on the government to be shifted. It does not permit FTC to make each of us prove to a near conclusive degree that the health benefit statement we wish to make in the commercial market is true to a near conclusive degree before we may lawfully make it. Indeed, virtually no proposition in science, none for any food or dietary supplement and none for any drug, is provable to that degree. Science is evolutionary; skepticism is commonplace and necessary; and almost every association known between a nutrient and a disease is more likely than not, but rarely, if ever, established conclusively. Indeed, at its whim FTC can conclude that every nutrient-disease association has not been proven adequately. There is always an opposing scientific view, so the proof demand FTC imposes on companies is in effect a massive prior rest raint on truthful speech.

Our Constitution was designed to disarm the federal government of this kind of power over speech and press. Our forebears meant to protect a marketplace of ideas and information in which truth and falsity would vie and each citizen, not the government, would be sovereign in deciding what was worth trusting. Government intervention into that market was to be restricted to instances of actual fraud where consumers suffered injury. The FDA and the FTC routinely violate our First Amendment rights. Instead of trying to control the content of what is communicated and to keep all statements of nutrient-disease association out of the market, those agencies of the government should be in the business of prosecuting fraud that causes harm when and if they possess proof that statements are in fact false. Only with your help can we put an end to the abuse and restore constitutional government. That is why we so very much need your signature on the attached petition to Congress.

Join us in this fight to protect our great constitutional legacy from government agencies that would encroach upon our freedoms. Without eternal vigilance, without your help, the forces that oppose freedom will win out. Please help us fight this battle to protect our First Amendment rights against government suppression. Please sign the attached petition and encourage as many of your friends as possible to do the same. We aim to present Congress with over 1 million signatures by January 1, 2006. With your help we can achieve that goal.

Thank you.

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Patsy ConleyBy:
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U.S. Congress

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