3,561,596 members
12,429,752 petition signatures
$19,571,785,510 diverted from Big Pharma
The FDA Says You Have No Right to Freedom of Food
The Food Safety Modernization Act is an obvious attempt to intrude on the freedoms of US citizens by restricting the food supply which in turn will restrict access to healthy food, giving control over this basic necessity of survival to the FDA. The FDA is not interested in protecting our food or health, only in controlling it and funneling profit to the large agriculture and pharmaceutical corporations of the US. They are so determined to succeed in this effort that they have said in defense of their tyrannical actions that there is no fundamental right for a person to choose their foods or freedom of contract for it. The FDA stated this in response to a lawsuit filed by the Farm-to-Consumer Legal Defense Fund, the FTCLDF is a 501(c)(4) organization which means that it exists to promote the social welfare of its members and community. The lawsuit was filed against the FDA for their ban on raw milk which according to the FTCLDF is a violation of the constitution and outside of FDA’s statutory authority.
The FDA has been raiding farms selling raw milk and other dairy products with excessive frequency and force, causing the operators of these farms to suffer damages to their business.
The following is are links to articles we posted earlier this year about FDA raids on these small farms:
http://healthfreedoms.org/?s=fda+raid&x=0&y=0
The FTCLDF’s case against the FDA began in February 2010 and over the course of the year has been held up by motions to dismiss the case coming from the FDA and the US Department of Health and Human Services. Whether the case actually makes it to trial or not is yet to be seen, but what has been said by the FDA in their defense has already served to expose their dangerous views.
~ Health Freedoms
You thought you had the right to choose what you eat? The FDA says you don’t. They claim that there is no fundamental right to choose your food or freedom to contract for it. Responding to a Farm-to-Consumer Legal Defense Fund lawsuit, the FDA clearly states that you do not have the freedom of choice in your diet.
Farm-to-Consumer Legal Defense Fund (FTCLDF) Lawsuit Against the Food and Drug Administration (FDA)
The FTCLDF is a 501(c)(4) organization, which means that it exists to promote the social welfare of its members and community. They define their reason for being in one sentence:
Sustainable farming and direct farm-to-consumer transactions further the common good and general welfare of all Americans.
Their Mission Statement says, in whole:
The Farm-to-Consumer Legal Defense Fund is a 501 (c) (4) non-profit organization made up of farmers and consumers joining together and pooling resources to:
- Protect the constitutional right of the nation’s family farms to provide processed and unprocessed farm foods directly to consumers through any legal means.
- Protect the constitutional right of consumers to obtain unprocessed and processed farm foods directly from family farms.
- Protect the nation’s family farms from harassment by federal, state, and local government interference with food production and on-farm food processing.
On behalf of its members and for all family farms in the US, the FTCLDF filed a lawsuit against the FDA, claiming “that the federal regulations (21 CFR 1240.61 and 21 CFR 131.110) banning raw milk for human consumption in interstate commerce are unconstitutional and outside of FDA’s statutory authority as applied to FTCLDF’s members and the named individual plaintiffs in the suit.”
The FDA responded by claiming a number of things, including the absurd idea that the FTCLDF has no standing to file the case! That is, they’re claiming that the organization that represents the people who have been harmed by the FDA’s actions does not actually represent them. They claim that no harm has been shown, in spite of the fact that the FDA’s actions have prevented farmers from producing and selling raw milk and their customers have lost the ability to obtain it.
The FDA’s Response and Claims
The FDA makes several statements in response to the lawsuit. The implications for personal freedoms are frightening.
No Fundamental Right to Raw Milk
The FDA claims that “…plaintiffs’ assertion of a new ‘fundamental right’ under substantive due process to produce, obtain, and consume unpasteurized milk lacks any support in law.” This implies that no rights exist unless they have been specifically granted. This concept runs completely counter to the basic concepts of the nation. The Declaration of Independence states:
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed.
A basic notion in the founding of the nation is that rights do not have to be delineated. The rights identified in the Declaration of Independence clearly stated that they are merely “among” the obvious rights of people. How could anyone suggest that obtaining one’s food of choice is not an inherent right?
FDA Has the Right to Set the Rules for How They May Be Controlled
The FDA claims that, before filing a lawsuit, the FTCLDF should have filed a petition with the FDA. In other words, they’re claiming that they have the right to set the rules by which they may be accessed and controlled. If the FDA has such a right, then it is unaccountable to the people.
No Historical Tradition of Access to Food of Choice
The FDA states that “there is no ‘deeply rooted’ historical tradition of unfettered access to food of all kinds.” This implies that one does not have the right to a vegetable garden containing one’s choice of foods, or that choosing organic over petroleum-based fertilizer is not a right, or that one has no right to choose to eat a vegetarian diet.
“There is No Generalized Right to Bodily and Physical Health.”
This title quotes the title of a section of the FDA’s response to the lawsuit. If that doesn’t terrify you, then nothing can. The FDA is, literally, claiming that they have the right to take a person’s health if it suits them. The section uses specious logic, claiming that there is no right to bodily and physical health because, according to them, there is no right to food choice, which is a claim that only the FDA could make.
It’s interesting that the FDA is implicitly acknowledging that there is a connection between food and health, though they deny that one has a right to either freedom of food or pursuance of bodily and physical health.
“There is No Fundamental Right to Freedom of Contract.”
Another section of the FDA’s response is the above title claiming that individuals do not have the right to engage in contracts as they choose. This flies in the face of the basic right implied in the Constitution and strengthened by the 5th and 14th amendments. Limitations have been placed when contractual rights conflict with personal rights.
However, the inherent right to freedom of contract has not been abrogated, in spite of the FDA’s claims. Their reference to it as “anachronistic” says more about the FDA’s attitude towards the people than it does about the intent of the law.
“FDA’s Regulations Rationally Advance the Agency’s Public Health Mission.”
This statement by the FDA—again, the title of a section of its response—is made without a shred of documentation in support. It is nothing more than a self-congratulatory statement of opinion, one that a large section of the American public does not accept. Indeed, the illogic and arrogance of the FDA’s entire response to the FTCLDF lawsuit tends to deny their claim to rationality.
The FDA’s Logic
The logic the FDA is using seems to be: If it isn’t specifically named in the Constitution, then there is no such right. The absurdity of that logic is revealed by suggesting that you don’t have the right to breathe because it wasn’t specifically granted by the Constitution.
What could be more basic to life and the right to live than the right to eat as we wish and obtain the food we wish to eat? We have the right to free speech and assembly. In light of that, how can the FDA claim that we don’t, by definition, have the right to eat what we choose?
Could the Founding Fathers have possibly envisioned a government that would infringe on an individual’s right to choice in food?
Nonetheless, we need to understand that, in one sense, the FDA is right. Unless we act to stop their intrusions into our rights, then their claims will, effectively, become law. They’ve almost accomplished it now. Consider that the FDA’s claim that you have no right to choose what you eat isn’t front page news. The battle is almost lost already. It’s time…no, it’s past time to take action.
“But I Don’t Believe in Raw Milk”
Some readers may believe that pasteurized milk is better. That’s your right. However, does that give the FDA the right to enforce pasteurized milk on everyone? At what point will the FDA be infringing on your rights to food and health?
Many people have found that switching to raw milk has improved, and even cured, serious health problems. In light of the fact that the FDA has stated that you have no right to health, at what point will something you require be made illegal or difficult to obtain? Do you find that taking Vitamin C helps prevent colds? Are you aware that the FDA is planning to infringe on your right to take it? What about Vitamin D? Many people are finding that it improves their health, yet the FDA disagrees and wants to regulate it.
Do you want the right to eat organic food? That may be abridged, too, as the FDA is grabbing the right to define what organic means. What about genetically modified foods? Studies are showing that they cause tremendous harm, yet the FDA doesn’t even want you to know when foods have been created through GM processes.
The list can go on. If you’ve found that a certain food provides a particular health benefit, but someone has made a health claim for it, did you know that you can be denied access to it—simply because of that health claim?
This is not about raw milk. This is about your right to pursue health and the food of your choice. Whatever your views on any particular food, it should be self-evident that each person should have the right to obtain it. The FDA’s intrusions on our lives are egregious, fundamentally evil, and outrageous.
We, the People, can stop this encroachment of our rights—but only if you speak out, starting now!
Heidi Stevenson
Sources:
http://www.farmtoconsumer.org/
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Whatever happened to “Lift, Liberty and Pursuit of Happiness? The FDA is trying to take away some of our most basic rights. We should have the right to choose healthy foods, supplements and our own way of living to the best of our ability and knowledge. Our society is getting more unhealthy by the day with all the drugs prescribed to people. Prescription drugs kill enough people every year to equal a jet load of people going down every day. Imagine what would happen if we were crashing a jumbo jet every day!!!!!!!
The Tenth Amendment (X) to the US Constitution 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.”
How did a regulatory agency get the power from the people of the United States to act against the will of the people and to deny the entire population of the country the right to eat any chosen food?
Does this rise to the level of denying the people (the entire US population collectively) their right to life, liberty and the pursuit of happiness? Food is essential for life and to be denied the right to enjoy foods of one’s choosing is to abridge our rights to liberty and to pursue happiness. The power to choose our foods was not given to the government. It is a basic human right reserved to the people.
YOU dont have the right to deny the people safe food. What is wrong with you people? Government gone wild? When the people revolt, your in for major headaches and they WILL revolt at the rate your making horrid decisions. HEALTH FREEDOM!!! PERIOD!!!
The revolution is building at a fantastic speed!!!In due time this will be over and we’ll have our freedom!!
It just really ticks me off that they can even think this. We have the right to choose for ourselves. The FDA is so corrupt how can we trust them with our food or health. Look at all the harmful drugs they approve so that they can have money in their pockets. We have a GOD GIVEN RIGHT to choose for ourselves. They are trying to play GOD with our lives…wrong wrong wrong. The good guy will always win in the end.
It would appear from the above article that the USA is no longer a democracy but rather a dictatorship.Such a shame, people have a right to eat the food of their choice for better health.
Wouldn’t the FDA do better to enforce something of true danger? Why are they spending so much time trying to control us and force us to eat what they think we should? There are genuine dangers out there and instead we have this. Huh?
Well, we seem to be getting closer to “Soylent Green” http://en.wikipedia.org/wiki/Soylent_Green and it looks like the FDA is setting up the government assumptions/positions/regulations which will lead to its total control of our individual food choice and access. The assumptions in the FDA response are unrelated to us citizens and our needs and wants and our health and wellness.
WOW! Nicely done! I want a picture like this to print onto a magnetic bumper sticker for my car !!! Finally, some good straight work!! Now, we are getting the picture.
Look at what’s happening in the world. Freedom of information and Freedom of the press is under attack by OUR government. While the US is crying foul over the spilled diplomatic cables, our own House & Senate are getting ready to chop MORE of your food freedoms. For over a year, the “food safety bill” has made its’ way through both the House & Senate with very dagaging wording to health Freedom and giving the FDA more power, & money from the Senate for the Senate for this bill, a strictly illegal move that was ignored by the House. At any point, the inflamatory wording portion of this bill could have been changed. Also ignored for over a year was the voice of 6 million people. Evidently, that’s not the price for Freedom. It goes back to the Senate next week to be voted on with the budget, tax cuts, and unemployment benifits. That’s what that government thinks the price of your Freedom is worth.
What does this mean for you? This means that the FDA has more power & you have less Freedom of choice when it comes to food alternatives & supplimetns; not to mention GMO’s. What can you do about it? Go to http://www.healthfreedomusa.org/ to see for yourself what this is all about and make a stand. Let’s see what the cost of Freedom is. The more people that so NO, the better OUR choices are.
I’m taking a stand and actions speak louder than words. Are you willing to put your mouse finger where your mouth is? I challenge the people of the US. Do you want to keep your Freedoms or have them taken away? It’s as simpls as clicking “send”. Is that too much to ask for the price of Freedom? So, 6 million isn’t enough. They want numbers, lets show them what we REALY want!
Is there a way we can just abolish the FDA and start from scratch? Surely, The American Republic has more power than this gestapo clan.
So is there a petition to sign?
Contact your senators TODAY and let them know you oppose the BIGGEST threat to health freedoms to date; the S.510 Food Safety Modernization Act that died in congress is alive again, now being disguised as HR 3082 and hidden in the “Full-Year Continuing Appropriations Act, 2011″ which is a spending bill.
Take action! Call your senators now regarding this bill and continue to make calls and partake in petitions to make your voice heard!
Call the U.S. Capitol Switchboard (202)224-3121 to contact your state representative or visit http://www.house.gov
People need to stop them now they are already way to big for there britches..they are already doing it to us while we sit back and protest with our little votes…they are going forward with whatever they want to put out there to us…. stand up now oh we might win and the bears or something will be protected….mean while they are poisoning us all in the name of $$$$$…Money is the root of all evil…. its at the top $$$ company and politicians…I’m sure this won’t be published and i hope I don’t get in trouble for it….watch the movie FOOD INC… thats just a small fraction of whats really going on…STAND UP AMERICANS
We need to swarm TOGETHER regarding the sanctity of our food and water—as well as our rights as human beings. We can’t live without food and clean water.
Water should not be a commodity to be sold and restricted to those who have money—defining only the rich as those who will live.
No law—maritime (concerning profit and control of commodities) or civil (that which effects people), should dictate to us what we can grow for food, and who we can sell or give it to.
There is something terribly, ominously wrong when large corporations— agricultural, pharmaceutical, insurance, medical etc., and national and world food laws that are allowed to have complete power over our health and our lives by controlling all seed, food growing, production, distribution, all water, and all natural medicinals and supplements. There should not be any patent allowed on life. No one—big corporations, wealthy individuals, government, etc. should ever be permitted to patent seeds, plants, or any bio system. And perhaps science research would be less dangerous—actually more beneficial to the planet if it were required to be a responsible institution not related to profit.
I was taking pharmaceuticals (Fosomax) for osteoporosis about six years ago (I am now almost 65). In March 2009, I began drinking clean, delicious “raw” milk from a small-herd (40 cows), lovely, extremely clean local dairy farm. In July of that year and in the succeeding year, my specialist in bone health sat back in his chair and three times exclaimed, “I am astounded at the rebound of your bone mass!” He said that “no longer do you (I)have osteoporosis, but you cannot even say that you have osteopenia.” He advised me to keep “doing what you are (I am) doing,” i.e. keep drinking raw milk. The pharmaceuticals never did for me what the unpasteurized, un-homogenized milk did. Also, it’s more delicious and I can see how happy the Jersey cows are!
I would defend to my death my right to keep my access to this wonderful, healthful white nectar. And if for no other reason than not to be a party (via milk consumption) to the living misery factory-farm animals are forced to endure in filthy, inhumane conditions, I am committed to supporting the small, sustainable (and therefore much more hygenic) family farms of this nation . . if indeed we are still a nation of individuals and not just a pack of consumers being force-fed by corporations.
I hate america. Land of the free? indeed.
Sadly no. At least so far. The FDA is a child of HHS; HHS is a child of the eugenic Rockefeller clan. The Rockefeller clan et al in many respects owns the federal government.
This appears to be the mission of the FDA — to control our right to anything that has to do with health — in effect to determine our levels of health. Why? I think population control is at the root of it.
The US government is a corporation. The United States is not the same thing as the US government. The FDA does not work for the people of the United States they work for the US government.
So yes the FDA is a dictatorship that wears the clothes of a democratic regulatory and enforcement body. But make no mistake they do not represent nor do they work for the people of the United States. The only control the people have is through the judicial system but the judges do not work for the people of the United States either. They work for the US government which is not a democratic organization — though they maintain the appearance of one.
When the FDA comes knocking or enters your property to take away your food, shoot for the head…