IAHF Webmaster: Breaking News, Whats New, What To Do, CODEX, USA, ALL COUNTRIES
(Live outside the USA? Please forward this to friends living in the USA and also send the new form letter to ALL CODEX DELEGATES world wide (read on):
Yesterday I went to my local post office and sent the enclosed LEGAL DEMAND LETTER (see below my comments) by certified mail with return receipt requested to key FDA officials including Acting Commissioner Crawford, and Dr.Barbara Schneeman, US Delegate to the Codex Commitee on Nutrition and Foods for Special Dietary Uses. Sending it gave me a very good feeling inside, a feeling of doing something very concrete to protect myself.
YOU can ALSO have this same peace of mind!!
This letter is now available for YOU to send to the FDA by certified mail as well. You can see it below my comments and download it from http://www.iahf.com/index3.html (the CODEX EMERGENCY section at http://www.iahf.com)
As you can see, I have put key FDA officials on notice that I'm challenging their jurisdiction, and I'm threatening to sue them AS INDIVIDUALS under Title 42 which allows us to sue government officials over violations of our civil rights. I'm also raising numerous other points of law in my demand letter which was reviewed and improved on by Ralph Fucetola, III JD http://www.vitaminlawyer.com
If Schneeman and her superiors ignore this demand letter, and do not argue vociferously against finalization of the Codex vitamin standard as I have demanded, and it results in any injury to myself or anyone else who may find themselves deprived of their access to supplements at some future time partly as a result of their action, I won't hesitate to follow through with a lawsuit against all persons named in the demand letter, and I predict that I would win. I'd use the proceeds to hire a staff and to build IAHF a lot stronger to better serve all of our needs.
I encourage all of you to follow suit. The more of us who do this the better. Print the demand letter (see below) out from the website where it will have all bolding intact. Have it signed by two witnesses (doesn't have to be notarized), and send it by certified mail with return receipt requested to the Commissioner's office. If you like you may also send it to Schneeman c/o Wehr, but you don't have to send to both addresses unless you want to because the Commissioner's office must relay it.
Note that in the letter I tell them I am including the form letter sent to all Codex Delegates world wide as an attachment, and that this letter provides ample scientific evidence for not pushing a vitamin standard through to completion at Codex. Note that I am telling them that this letter to sent to all Delegates is totally consistent with current US law, and note that I reference current US vitamin laws in the introduction to my demand letter- informing Schneeman that she has a legal obligation to uphold it.
(You must also include the form letter to all Codex Delegates- get it at http://www.iahf.com/index3.html)
NOTE: Even if the FDA does what we want vis a vis this demand letter, it does NOT get us out of the woods, but its ONE OF SEVERAL THINGS we must do to protect our access to dietary supplements.
1. Go to http://www.iahf.com/index3.html and send the Form Letter to ALL Codex Delegates. Please follow the simple instructions to do this. Unfortunately, the programmer who attempted to write a program to make this letter sendable to all delegates with one click was not successful, so we have a few simple steps to follow but it can still be done quickly and this too is essential. This form letter cites numerous scientific reasons why it would not be justified to finalize a vitamin standard at Codex, and it puts the UN on notice that if they ignore our concerns, they'll have zero scientific credability and it will become widely known that they have a eugenics agenda.
2. Go to http://www.stoptheftaa.org ,study this site carefully and do not vote for anyone who favors so called "free trade." (see congressional scorecard on the site.) The biggest harmonization threat posed to US supplement laws is the pending Free Trade Area of the Americas which would "HARM-onize" (make the same) all laws in our hemisphere. The architects of the FTAA were the same people who created the EU dictatorship which is attempting to shove the draconian EU Food Supplement Directive down the throats of vitamin consumers there.
3. Please donate to the Alliance for Natural Health's lawsuit against the EU Food Supplement Directive at http://www.alliance-natural-health.org As goes the EU, so goes the world. If Codex pushes a vitamin standard through to completion on November 1, it would still have to be ratified the following June in Rome and if ANH can get into court prior to that as they expect to, we might give them pause and prevail upon them not to rush to completion but to deliberate longer.
4. Please DONATE to IAHF 556 Boundary Bay Rd. Point Roberts, WA 98281 USA-via paypal at http://www.iahf.com (Donations still needed to get one more person to the Codex meeting in Bonn, and for travel to the ACAM emergency anti Codex meeting.)
5) FOWARD WIDELY!! ENCOURAGE FRIENDS TO ALSO TAKE ACTION and to SIGN UP at http://www.iahf.com for this e-letter!!
HERE is the DEMAND LETTER IAHF SENT TO FDA---- (While you could copy it from this, its better to copy it from http://www.iahf.com/index3.html where all bolding is in place, and where you can also copy the letter to all Codex delegates so as to include it as an attachment when you mail it.)
John C. Hammell, President
International Advocates for Health Freedom
556 Boundary Bay Rd.
Point Roberts, WA 98281 USA
To: Acting Commissioner of the FDA
Lester M. Crawford, D.V.M., Ph.D
& All Deputy Commissioners
U. S. Food and Drug Administration
5600 Fishers Lane, Rockville MD 20857-0001
H.Michael Wehr, PhD
Codex Program Coordinator
US FDA, CFSAN
5100 Paint Branch Pkwy
Room 1B-003, HFS- 550
College Park, MD 20740
To: L.Robert Lake, JD
C/o Acting Commissioner Crawford
Also to: Barbara O.Schneeman, CFSAN, FDA, US Delegate to the Codex Committee on Nutrition and Foods for Special Dietary Uses c/o Acting Commissioner Crawford and c/o H.Michael Wehr, PhD, Codex Program Coordinator
CERTIFIED DEMAND FOR PROOF OF JURISDICTION - DEMAND TO STRENUOUSLY OPPOSE FINALIZATION OF THE STANDARD FOR VITAMINS AND MINERALS AT THE CODEX COMMITTEE ON NUTRITION AND FOOD FOR SPECIAL DIETARY USES IN BONN GERMANY, NOVEMBER 1-5 2004 [FDA Docket: 04-022N]
This certified letter to you is to establish a legal foundation for litigation against you for violation of my rights in case you act under color of law and in violation of rights protected by law, by either voting in favor of finalizing the standard for vitamins and minerals at the Codex Committee on Nutrition and Foods for Special Dietary Uses Meeting from November 1-5 in Bonn, Germany, or by not strenuously objecting to finalization of said vitamin standard as would be consistent with current US law. (Dietary Supplement Health and Education Act of 1994, and also FDA Modernization Act of 1997 Public Law No. 105-115, 111 Stat. 2296 See section 803 (c), Paragraph c-5 saying "Paragraphs (1) through (4) shall not apply with respect to dietary supplements.")
Should you fail to respond to this legal demand for proof of jurisdiction, and also ignore the demands made in this letter, the litigation against you as private citizens will be based on the following points of law:
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1. The United States Government does not have the duty of protecting or regulating the health of the citizens of the 50 united States. It does have the obligation of not illegally burdening the rights of citizens, Article Ten, Amendments to the Constitution of the united States: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
2. Herbal supplementation goes back thousands of years, and has been used by natural health practitioners since the first man and woman walked on the earth. The right of the individual to use herbal supplementation and vitamins/minerals has been protected by Anglo-American law since at least the Herbalists Charter of Henry VIII, which is part of the Common Law of the united States.
3. The Supreme Court of the United States has ruled that common businesses or occupations that have been followed in every village for thousands of years, are occupations by right.
4. Citizens are the sovereign of this nation.
5. The sovereign citizens of this nation have outlined the duties of government in documents known as Constitutions.
6. The United States Government is limited by the tenth Amendment to the Constitution to the duties specifically listed as belonging to it. This does not allow the United States Government to prohibit vitamin or herbal supplementation, or to enter into any agreement with a foreign power or foreign nation that would lead to the regulation or prohibition of any dietary supplement product in the sovereign States of America.
Following are concise, legal proofs of the points above:
There is no mention anywhere in the Constitution for the United States that the federal government has the duty of protecting the health of the citizens of the 50 united States. The United States Supreme Court has repeatedly ruled through this nation's history that this principle is correct (Caha v. United States, 152 US 211, S. Ct. Rep. Vol.14, 513, 514; Keller v. United States, 299 S. Ct. Rep 471, 472. Its duty is to protect the fifty sovereign states against invasion, and to make sure that interstate commerce is fair, safe, and equal between companies to carry goods between states.
Ancient books, such as the Bible, show herbal remedies being used thousands of years ago.
The United States Supreme Court ruled that common businesses are a right in Butcher's Union v. Crescent City, 111 US 746, 751 and Allgeyer v. Louisiana, 165 US 578, 579.
The people are the sovereigns of this nation. The first three words of the Constitution for the United States show that the people have instituted this type of government for the United States of America. They assigned duties for the National Government, and other duties for the State Governments.
"There is no such thing as a power of inherent Sovereignty in the government of the United States. In this country sovereignty resides in the People , and Congress can exercise no power
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which they have not, by their Constitution, entrusted to it. All else is withheld." Julliard v. Greenman, 110 US 421.
"Under our form of government, the legislature is NOT supreme. It is only one of the organs of that ABSOLUTE SOVEREIGNTY which resides in the whole body of the PEOPLE , like other bodies of the government, it can only exercise such powers as have been delegated to it, and when it steps beyond that boundary, its acts are
.utterly void." Billings v. Hall, 7 CA 1.
sovereignty itself remains with the PEOPLE , by whom and for whom, all government exists and act." Yick Wo v. Hopkins, 118 US 356.
This certified letter to you concerns negotiations to establish a world wide Codex Alimentarius Commission standard for vitamins and minerals which would attempt to violate my sovereignty, violate my right to follow a common occupation, and deny to me usage of those harmless products used for thousands of years.
You are advised of the following Federal Law: 18 USC & Criminal Code, Section 241: "If two or more persons conspire to injure, oppress, threaten or intimidate any citizen in the exercise of any RIGHT or privilege secured to him by the Constitution or laws of the United States, or because of him having so exercised the same
. They shall be fined not more than $10,000 or imprisoned not more than ten years, or both, and if death results, they shall be subject to imprisonment for any term of years or for life.
18 USC & Criminal Code, Section 242: "Whoever , under color of any law, statute, ordinance, regulation or custom willfully subjects any inhabitant of any State, or Territory to the deprivation of any RIGHTS, privileges or immunities secured by the Constitution or laws of the United States
Not only could your present action make you liable under the above statutes, consider Title 42 Section 1983 of the Civil Rights & Civil action for deprivation of rights: "Every person who, under color of any statute, ordinance, regulation, custom or usage, of any State or Territory, or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceedings for REDRESS
In so far as your actions result in impositions of legal restrictions on the free availability of truthful information about dietary supplements and other health care information, your actions violate the First Amendment to the Constitution, and are contrary to the April 29, 2002 holding of the Supreme Court of the united States in the case of Thompson v Western States Medical Center:
"If the First Amendment means anything, it means that regulating speech must be a last - not first - resort."
"We have previously rejected the notion that the Government has an interest in preventing the dissemination of truthful commercial information in order to prevent members of the public from making bad decisions with the information."
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"Even if the Government did argue that it had an interest in preventing misleading advertisements, this interest could be satisfied by the far less restrictive alternative of requiring . . . a warning that . . . risks were unknown."
Federal statutory law forbids the "harmonization" of united States laws with those of other countries where such "harmonization" would restrict the access of citizens to Dietary Supplements protected by the Dietary Health and Education Act of 1994.
The political position of the united States must be that other nations shall harmonize their restrictive health choice laws to our liberties, not that we may be at risk of restrictions on our liberty which is protected by our Constitution and laws, and you must make this position abundantly clear at the CCNFSDU meeting in Bonn from November 1-5, 2004 while opposing the vitamin standard, and while demanding that work on this standard cease immediately for the betterment of the public health as abundantly outlined in the attached form letter sent to delegates of all countries present at the CCNFSDU.
I strongly support the enforcement of these laws that are designed to protect my fundamental human right, under the Universal Declaration of Rights, Declaration of Helsinki and other enactments, to freely choose, with informed consent, those measures, including Dietary Supplementation, I determine to be of benefit to me [see: AMA Code of Ethics, Opinion 3.04]
I call up on you to discontinue your conspiracy against the sovereign citizens of these united fifty States. You are conspiring with people without and within the executive branch to deprive the sovereigns of this great nation of vitamin and mineral and other dietary supplement products that have been used safely for decades. We believe this to be treason against the sovereigns of this nation. This ongoing conspiracy is totally illegal and no results of it can be enforced. You will be held responsible through litigation for any damages to any citizen of the united fifty States, and may be sued as private citizens should you unwisely chose to ignore this demand.
John C. Hammell
Witness to mailing Witness to mailing