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| Federal Trade Commission Continues to Bully Natural Health Ministry – Case goes to court April 21st |
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Months later, in August 2008, the FDA joined in the attack, claiming that Daniel Chapter One nutritional supplements and herbs are all “drugs” according to federal government definition. They physically removed several cans of Apple Pectin, bottles of CoQ10 and 7 Herb Formula from Daniel Chapter One shelves. The American consumer has rights to information, choice, safety, and redress (right to be heard). Presented to Congress as the “Consumer Bill of Rights” by President Kennedy in March of 1968, these rights are the backbone of wellbeing for individual consumers and for success of the American market economy. In terms of free-flowing information, the FTC mandates that consumers may only receive health information from producers and sellers that the FTC has determined is proven by the “science” it selects. No historical knowledge, consumer experience, or traditional practice satisfies FTC demands. The FTC recognizes only expensive double-blind “studies” as support for health claims. Daniel Chapter One and their lawyers are challenging this policy as violating Daniel Chapter One’s rights under the U.S. Constitution. By depriving consumer choice and the right to hear seller’s knowledge about health aspects of their products, the “one-size-fits-all” FTC health information standard deprives consumer access to alternative health approaches. If the FTC had enforced this standard against Daniel Chapter One over the last thirty years, hundreds of people who provide testimony that Daniel Chapter One products improved or even saved their lives may not have survived. With regard to safety, the FTC standard forces individual consumers to use highly toxic chemical products whose benefit, according to its “science” outweigh their toxicity. The FTC sets this standard despite the fact that regulators acknowledge they routinely reverse approvals for many of these dangerous products. The FTC, with no staff scientists or science capability, relies on old selective science. From both old and new science, including genetics, the truth is that biochemical individuality makes one person’s potential poison another’s possible cure. The Constitution allows individuals to make potentially risky choices for themselves. The FTC does not. Instead, the FTC makes highly risky choices for consumers who have no way to object. Government and Business fight the consumer rights battle between themselves. Consumers have no voice. Most businesses sign an agreement to say only what the FTC permits because their overriding goal is to sell products. Daniel Chapter One's goal is to help people honestly and the help of consumers will be crucial to take this historic stand. To date, Daniel Chapter One has spent thousands of dollars to establish their rights and innocence. Just one month from the first scheduled hearing, the FTC sought to dismiss the hearing with a charge of “guilty,” seeking a new “Charge and Order” much like the original. Attorneys for Daniel Chapter One argue that the FTC is violating religious freedom and have no jurisdiction over a non-profit ministry. The FTC Administrative Law Judge has decided upon an evidentiary hearing for jurisdiction on April 21, 2009. The burden is now on the FTC to prove they have authority over Daniel Chapter One. A challenge to jurisdiction questions the court's very power to hear the case. The FTC Act gives the Commission authority over "persons, partnerships, or corporations," and defines "corporation" to include "any company or association, incorporated or unincorporated, without shares of capital or capital stock or certificates of interest, except partnerships, which is organized to carry on business for its own profit or that of its members." In order to properly, with due consideration, resolve the issue, a hearing will be held for the limited purpose of determining whether Daniel Chapter One is a corporation within the meaning of 15 U.S.c. § 44 and applicable case law. After this hearing a ruling on jurisdiction will be issued. The case will then either proceed immediately thereafter or be dismissed for lack of jurisdiction. The case must be dismissed if Daniel Chapter One is found to be a non-profit ministry. The Daniel Chapter One legal team has 12 proposed witnesses willing to testify that they are indeed a ministry. If Daniel Chapter One loses on jurisdiction, the next hearing commences April 23. The FTC lawyers hope to block all Daniel Chapter One witnesses from further proceedings, including, five prominent scientists and doctors familiar with natural healing, who are prepared to testify that Daniel Chapter One had substantive evidence for information they share regarding their products. If the FTC has its way with Daniel Chapter One, consumers will be denied useful information, blocked from possibly life-saving choices, forced to use dangerous products and have nowhere to complain about their treatment. This outcome stems from well intentioned regulators attempting a Herculean job – making people's decisions for them – with minuscule resources. It is time to bring the government back into line with the Constitution and the Consumer Bill of Rights. Daniel Chapter One’s hearing for jurisdiction is open to the public and will be held on April 21, 2009. Hearing will commence at 9:30am in room 532 of the Federal Trade Commission Building located at 600 Pennsylvania Avenue, NW Washington, DC 20580. |
Portsmouth, RI, April 17, 2009: Daniel Chapter One, a national Christian radio program and natural healing ministry is heading to court against the Federal Trade Commission (FTC) in a fight to uphold its rights under the United States Constitution. The battle ensued when the FTC demanded Daniel Chapter One immediately desist from providing the public with information on natural alternatives for sickness, especially cancer. If successful, the Federal Trade Commission attack on Daniel Chapter One will limit consumers’ rights to health care choices and freedoms.