Chopping Down the Cherry Tree


Big Pharma Passes the Buck

Drug manufacturers could be protected from side-effect lawsuits.

Synthetic drug treachery has plummeted to a new ethical low with a disturbing development that may grant Big Pharma eternal immunity from consumer lawsuits. This most recent affront to justice involves a birth-control drug with side effects believed to have caused the deaths of 40 women, along with thousands of additional heart attacks and strokes. About 3,000 women subsequently united in a class-action lawsuit against the birth-control drug manufacturer. As the lawsuit takes shape in an Ohio federal court, this drug maker has taken a position that is a staggering example of Big Pharma’s bottomless greed and nonexistent morality.

Thanks to a legal concept called pre-emption, approved by the US Supreme Court earlier this year, the birth control manufacturer has a strong defense against the lawsuit: Since the FDA approved the drug, the pharmaceutical manufacturer that created the drug claims it should not be held liable for any of the deaths, heart attacks, strokes or other maimings the drug may have caused. Shockingly, legal experts believe this defense might be bulletproof—setting up a distressing potential precedent where Big Pharma may never be held accountable for the dangerous synthetic drugs it unleashes on an unsuspecting public.

Dangerous Deceit

How did this travesty happen in the first place? The estrogen used in birth-control drugs, when delivered at levels that are too high, carries the risk of provoking blood clots—which in turn cause strokes and heart attacks. The birth-control drug named in the lawsuit, which comes in the form of a patch, was marketed as a way to deliver less estrogen than a pill while still remaining effective. The FDA approved this patch in 2001.

The truth came out years later: An independent organization found that the patch in question delivered more estrogen—not less— than its pill counterparts. The patch’s manufacturer was well aware of the dangers associated with high estrogen levels. Unfazed, they not only submitted the drug to the FDA for approval, but deceptively labeled it as having a much lower level of estrogen than was actually the case. After four years on the market and thousands of serious adverse events reported—including deaths—the FDA finally issued a formal warning about the birth-control patch.

Drug Déjà Vu

Does this scenario sound ominously familiar? It is, to quote Yogi Berra, déjà vu all over again: A dangerous drug is released to the public, thousands of people are injured or killed as a result of taking it and then the FDA issues its warning—far too late for those who have been devastated by horrible side effects. Despite its now-legendary drug approval failures— and despite its thinning resources—the FDA has inexplicably decided to continue focusing a great deal of its regulatory energy on the one arena that’s promoting health without dangerous side effects: nutritional supplements.

So how do you feel about Big Pharma’s refusal to take responsib - ility for its dangerous medications? Has your confidence in the FDA’s drug-approval process faltered? Speak your mind and make your voice heard! Tell your elected officials that you want the FDA to leave nutritional supplements alone and instead focus its regulatory resources on Big Pharma! Rage against the preemption that may enable Big Pharma to release dangerous drugs without fear of repercussions!

In addition, patronize independent natural health food stores and purchase safe, natural nutritional supplements from companies that have no pharmaceutical industry ties. Finally, join the Nutritional Health Alliance (NHA) health freedom advocacy group. For the sake of health freedom, join the NHA today!



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In 1994, Congress passed the Dietary Supplement Health and Education Act (DSHEA). The passage of DSHEA witnessed the biggest victory for consumers in the history of Congress. More letters were written to Congress than on any other piece of legislation in the history of our country. The voice of the people spoke louder on dietary supplements than even on the Vietnam war. This historic legislation assured the public’s right to safe and high quality dietary supplements. The people expressed their overwhelming desire to take care of themselves, by accessing dietary supplements to prevent the onset of chronic disease and reduce the risk of ill health. The American public spoke for health and wellness choices. President Bill Clinton, in signing the bill, said, “The passage of this legislation...speaks to the diligence with which an unofficial army of nutritionally conscious people worked democratically to change the laws in an area deeply important to them.”
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