FDA defeated in federal court over censorship of truthful health claims

This is an opinion piece and should be labeled as such. The summary reflects that this is an opinion piece. Just look at the first sentence:

Health freedom has just been handed a significant victory

Whatever the merits in this case, people have been using words that are not literally false to mislead since the invention of language.

Interesting case

Here is the conclusion:

Plaintiffs' motion for summary judgment is granted in part and denied in part, and defendants' cross-motion for summary judgment is denied. This case is remanded to the FDA for the purpose of 1) drafting one or more disclaimers to accompany plaintiffs' certain cancers, anticarcinogenic, and prostate claims, or, alternatively, setting forth empirical evidence that any disclaimer would fail to correct the claims' purported misleadingness; 2) determining an appropriate disclaimer to accompany plaintiffs' lung and respiratory tract claim in light of the SU.VI.MAX study; and 3) reevaluating plaintiffs' colon and digestive tract claim and drafting one or more disclaimers.

The Court denies plaintiffs' motion to the extent it seeks an order enjoining the FDA from precluding plaintiffs from placing their proposed health claims on dietary supplement labeling. (Pls.' Mot. at 43.) It is not for this Court to pass judgment on the validity of plaintiffs' proposed qualifying language in the first instance, see Pearson I, 164 F.3d at 659, nor can the Court rule out the possibility that "the government could demonstrate with empirical evidence that disclaimers . . . would bewilder consumers and fail to correct for deceptiveness." Id. at 659-60. To that end, the Court remands the claims at issue to the Agency for further review and action consistent with this Memorandum Opinion. Although the Court is limited in its ability to mandate that the Agency act by a specific date, see Consumer Fed'n of Am. and Pub. Citizen v. United States Dep't of Health and Human Servs., 83 F.3d 1497, 1506-07 (D.C. Cir. 1996), the Court expects that the FDA will act with reasonable speed in reviewing the proposed claims and drafting disclaimer language. See Whitaker, 248 F. Supp. 2d at 17 n.20.

Here is a link to the courts decision.

The end of suppressing free speech and education...the beginning of GOZO.