The court case stated the FDA violated the first amendment of freedom of speech when censoring truthful scientifically backed claims about how selenium can help reduce the risk of cancer. We see a lot of advertising where the train runs away with some products and their advertising where there is no scientific backed information and that is a different story. Many doctors today recommend many different natural supplements in their practices too.
This case focused on one supplement only – selenium. In humans, selenium is a trace element nutrient found naturally on earth and trace elements in our bodies. No word yet if the case will be appealed. BD
In this court case, ALLIANCE FOR NATURAL HEALTH, et al. vs. KATHLEEN SEBELIUS, et al., the judge ruled that the FDA violated the First Amendment rights of the plaintiffs by restricting their free speech about the anti-cancer benefits of their selenium supplements.
As explained by health freedom attorney Jonathan Emord who argued the case before the Court:
"The decision... reaffirms that FDA is subject to the strictures of the First Amendment in its evaluation of health claims and it faults FDA for failing to follow that standard, holding its suppression of the selenium-cancer risk reduction claims unconstitutional.""The Court concludes that the FDA... has not provided any empirical evidence, such as 'studies' or 'anecdotal evidence,' that consumers would be misled by... plaintiffs' claims were they accompanied by qualifications. Moreover, the explanation the FDA offers to demonstrate that plaintiffs' claims are misleading – that the claims leave out pertinent information – is not support for banning the claims entirely..."
FDA defeated in federal court over censorship of truthful health claims
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