This is awesome news indeed.
Court Slaps FDA and FTC for Unjustified Attacks
By Dr. Mercola
Did you know it's currently illegal for a food or supplement producer to tell you about their products' scientifically proven health benefits?
As unbelievable as it sounds, a person can be thrown in jail for telling you the walnuts they grow may slow down the growth of prostate tumors, or cherries ease symptoms of arthritis and gout, even though this is truthful, accurate and helpful information for a consumer to know.
This is why a case that was recently heard before U.S. District Court Judge Vanessa L. Bryant could turn out to be a landmark event, as she ruled that the "FDA went too far" in censoring health claims related to green tea and cancer.
FDA Wording Too Strong, "Effectively Negates" Qualified Health Claims
The U.S. Food and Drug Administration (FDA) allows food and supplement manufacturers to use a qualified health claim (QHC) when "there is emerging evidence for a relationship between a food, food component, or dietary supplement and reduced risk of a disease or health-related condition."i
However, because the evidence is still emerging, the FDA requires "qualifying language" to be included with the claim "to indicate that the evidence supporting the claim is limited." In the case of Fleminger, Inc., which sells green tea and filed a health claim petition in 2004 to highlight green tea's anti-cancer properties, the FDA suggested that this disclaimer be added to the health claim:
"FDA concludes that it is highly unlikely that green tea reduces the risk" of breast cancer or prostate cancer.
Obviously, this essentially contradicts the health claim. So, in 2010 (after a petition to review the FDA's disclaimer was denied), the FDA threatened to seize Fleminger's products if they did not use the exact disclaimer above. Eventually the FDA sent a revised claim, which still negated the point of the health claim:
"Green tea may reduce the risk of breast or prostate cancer. FDA does not agree that green tea may reduce the risk because there is very little scientific evidence for the claim."
This is a major win for natural food and supplement producers alike, as the FDA is being required to revise the disclaimer so as not to negate the health claim being made. At this point, Fleminger took the case to court, where Judge Bryant ruled:
"The FDA's language "effectively negates the substance–disease relationship claim altogether….There are less burdensome ways in which the FDA could indicate in a short, succinct and accurate disclaimer that it has not approved the claim without nullifying the claim altogether."
[read the rest of the article at the link posted above.]