Senator Byron Dorgan:

Amendment to Allow Importation of Rx Drugs from Canada to US Could Help Kill S.1082!!

IAHF List: Please read Byron Richard's latest update from Capital Hill on S.1082 and utilize his latest form letter which pertains to the NEW situation we have now! A floor battle erupted today between Senators Durgan and Hatch over an amendment Durgan wants included in the bill which would help people on fixed incomes get more affordable Rx drugs from Canada and other countries. The supposed "safety concerns" expressed by Hatch during this floor battle were PHONY just as the entire bill is! The Rx drugs people are buying off the web from Canada are the EXACT SAME products people get in American pharmacies. Hatch is a true WHORE.

Durgan has the votes behind him to make his amendment stick- and Bush has vowed to VETO the bill if the Durgan amendment is included, so we MUST support the Durgan amendment- and Byron's new form letter (below) helps us DO this!! We MUST keep the pressure on! I'd also like to add a couple more news items: today I received an email from one of Senator Harkin's Iowa constituents in which one of Harkin's aides had responded to him by email stating that S.1082 "poses no threat to DSHEA". That is FALSE as Byron correctly states below.

I quoted the exact language of the bill back to Harkin's aide showing him where the terms FOODS and FOOD Additives are listed. Never trust ANY congressional aide, they ALL LIE, and they DON'T read the bills! Shaklee vitamin company is ALSO misleading its distributors on this issue. I was forwarded a false statement from their legal counsel which I easily refuted, again, she hadn't even read the bill- the statement Shaklee's legal counsel is circulating on S.1082 is a direct regurgitation of the false statements being disseminated on the issue by Harkin's staff who haven't read the bill. 

S1082 Update – Tuesday’s Activity

Fight Erupts on Senate floor:

Senators Bribed by Big Pharma vs. Senators not Bought Off


By Byron Richards, CCN

May 2, 2007


As the Senate continues to debate the Big Pharma-friendly sweeping reform of the FDA a new problem for Big Pharma’s prize Senators has erupted and quickly turned into confrontation on the floor of the Senate.  At stake is at least 10 billion dollars per year in exorbitant Big Pharma profits.  In one corner is Big Pharma-puppet Orrin Hatch (R-UT), representing the Kennedy/Enzi drug cartel.  In the other corner is a majority of Senators lead by Byron Dorgan (D-ND).


At issue is an amendment that Dorgan has added to S1082, one that is vehemently opposed by the authors of the bill and by the White House.  Dorgan’s amendment calls for Americans to be able to purchase prescription drugs from other countries.  This would bring to an end the Big Pharma price-fixing scam that has Americans paying at least twice as much for the same drugs.  Hatch unsuccessfully pleaded with Dorgan (while attacking him) to withdraw the amendment.  Bush is threatening to veto the entire bill if the Dorgan amendment is part of the legislation.


The Safety Scam


The Kennedy/Enzi/Hatch/Clinton drug-cartel Senators are now in a real jam.  Dorgan has the votes to make his amendment stick.  Hatch and company have argued unconvincingly that the Dorgan amendment would expose Americans to adulterated drug imports.  This is just another fake safety argument that holds no water and is being made solely to protect the excessive profits of Big Pharma (as is the entire bill).


It should now be crystal clear to the American public that those behind this legislation have been completely purchased by the Big Pharma lobby.  It is a complete joke that they are trying to pawn off this legislation as “safety legislation.”  This legislation is designed to protect Big Pharma profits for the next 50 years, and include new FDA regulatory powers that can be used to stamp out Big Pharma competition – including dietary supplements.   Let your Senators know that you support the Dorgan amendment.


A Vote is Likely on Thursday


Word from the hill is that all amendments and changes to this legislation will be finalized by Thursday and a vote will take place.  In addition to the Dorgan amendment several other amendments are expected to come up – one very good and one very bad.  The good amendment will be proposed by Senator Grassley (R-IA) and will seek to create an independent office within the FDA to monitor the safety of drugs already on the market (this would be another big blow to this legislation).  The bad amendment will come from the vitamin-hating Dick Durbin (D-IL) who will try to place food safety legislation into this drug safety bill.  Not only is his amendment completely irrelevant to this legislation, he will, as always, figure some way to attack dietary supplements.  I’ll keep you posted.


We must also get our amendment, THE PEOPLE’S AMMENDMENT, into this legislation (see action letter at following this article).  


The People are Now Being Heard


We have word that the offices of Hatch, Harkin, Enzi, Kennedy, and many other Senators are being flooded by your concerns regarding what this bill can do to undermine health freedom and your access to dietary supplements.  Their offices are seeking to tell those who get through that we are confused and that the legislation is not about dietary supplements.


Don’t buy this for a second.  We are not confused.  The language in the bill is crystal clear.  It is a sneaky and devious wording buried in the bill.  The Senate drug cartel hoped we wouldn’t notice.  On pages 106-107 it states:

“The purpose of the Foundation is to advance the mission of the Food and Drug Administration to modernize medical, veterinary, food, food ingredient, and cosmetic product development, accelerate innovation, and enhance product safety….The Foundation shall [take] into consideration the Critical Path reports and priorities published by the Food and Drug Administration, identify unmet needs in the development, manufacture, and evaluation of the safety and effectiveness, including post approval, of devices, including diagnostics, biologics, and drugs, and the safety of food, food ingredients, and cosmetics.”


This language has been evaluated by Jonathan Emord, our nation’s leading attorney that defends health freedom, the man who has beaten the FDA in court more than any other lawyer.  He states that this language gives the FDA, through this foundation, broad new regulatory power that it currently does not possess, including the authority to attack any dietary supplement (which are food ingredients).  A simple amendment to correct this problem has been prepared by Emord and is in the action letter that follows.  WE ARE BEING HEARD.  KEEP SENDING IN YOUR MESSAGES.  There are two days to go.  We can win this!


(Place links to my two recent articles)


Anti S.1082 Food and Drug Revitalization Act

May 2, 2007
The Honorable (Senator First and Last Name)
Dear Senator Last Name;
The issue of drug safety and access to drugs at a fair price is of the utmost importance to myself and all Americans.  In general, I am opposed to Senate bill S1082: Food and Drug Administration Revitalization Act, as it does not go far enough to protect myself and my family from the dangers of drugs.  As one of the 150 million Americans that rely on dietary supplements to keep myself and my family well, I am especially concerned that this legislation broadens FDA regulatory power to harass functional foods and dietary supplements – which has nothing whatsoever to do with drug safety.
It is vital that the terms “food” and “food ingredients” be removed from this legislation.  There must be no confusing the safety of drugs and the safety of food and food ingredients – which are governed by different laws.   This bill authorizes, on pages 106-107, the creation of a new regulatory category that enables the FDA and the Reagan-Udall Foundation for the FDA to attack dietary supplements and functional foods.  This problem in the wording can be corrected with this simple amendment – so as to be sure this legislation is about drugs and drug safety only.


Amendment to Bill S1082


Purpose of the amendment:

The bill, S1082: The Food and Drug Administration Revitalization Act, is hereby amended to eliminate any reference to the terms food or food ingredients, such that food and food ingredients will not be subject to any jurisdiction or control by the Regan-Udall Foundation for the Food and Drug Administration.  


Intent of amendment: 

To eliminate from the bill any possibility that food or food ingredients would be treated like drugs either for safety review purposes or for assessment of their efficacy.  It is a fundamental tenet of food and drug law that foods and food ingredients are presumed to be safe and have to be established to be adulterated only if they present a significant or unreasonable risk of illness or injury


I am in favor of the Dorgan amendment that enables Americans to get a fair price on prescription medication.


I am in favor of any Grassley amendment that offers an independent office within the FDA to monitor the safety of drugs already on the market.


I am opposed to the amendment being prepared by Durbin, as food safety is a completely different issue and must be kept out of drug safety legislation so that there can be no confusion between drug safety and food safety laws – which are quite different.