[MPWG] Info on recent FDA Herbal activity

marguerite uhlmann-bower 3moonsisters at gmail.com
Thu Nov 13 14:29:36 CST 2008


See attached and if unable to open I've copied and pasted below.
A New York Times writer / friend just sent to me today.

Sincerely
Marguerite

*

FDA Running Extortion Racket: Natural Supplement Companies Threatened with
Arrest if They Don't Pay Up
*

Tuesday, October 21, 2008 by: *Mike Adams
*

NaturalNews has interviewed executives from three different companies who
have been targeted for extortion by U.S. Food and Drug Administration
employees. At their request, the names of those companies are being kept
confidential until legal action being taken against them is resolved.
Interviews have been recorded, with permission, with two of those companies
and will be released to the public at a later date. Documents proving this
FDA extortion racket are included here.
*

How the FDA extorts money from nutritional supplement companies
*

The FDA extortion racket works like this: FDA employees use keyword-scanning
software to scan the web pages of natural health product and supplement
companies, searching for terms like *cancer, cures, treatment, remedies* and
other "forbidden" words. FDA employees then review the discovered pages to
determine if they contain any words that might inform consumers of the
health benefits of the nutritional products. FDA employees also look for
links that might point web users to scientific articles from peer-reviewed
medical journals that further explain the health benefits of specific foods,
supplements or nutrients.

When offending words or links are found by the FDA, their extortion team
goes into full swing. First, they contact the company and warn them to
remove all information and links from their websites. This is the most
important step from the FDA's standpoint, because by doing this, they can
keep the health-conscious public in a state of nutritional ignorance about
the scientifically supported healing properties of natural supplements.
Cherry products, for example, cannot link to scientific articles explaining
the simple biological fact that cherries ease inflammation in human beings.
Such links are considered "drug claims" by the FDA.

NaturalNews has even learned that companies are now being targeted for
simply posting customer testimonials, even when those testimonials make
absolutely no health claims. *FDA and FTC agents are now threatening the
owners of such companies with imprisonment* if they do not immediately
remove all customer testimonials from their websites and marketing
materials.

If the company being targeted for extortion refuses to fully comply with the
FDA's requests to remove all educational information from their website, *the
FDA then escalates the extortion tactics by threatening the company
principals with arrest and seizure unless they agree to pay hundreds of
thousands of dollars to top FDA contractors* and sign a "consent decree"
where the company "admits" to committing various crimes (see below). This
consent decree is a blatant violation of the Constitutional rights of U.S.
citizens, of course, and it violates numerous sections of the Bill of Rights
(Amendments #1 and #5, at the very least).

The FDA employees or contractors receiving the extorted money, it is
claimed, are being paid to "review web pages" to make sure they don't
contain anything that might inform consumers about the scientifically
validated benefits of the health products being sold. FDA extortion
agreements specify that FDA employees should be paid the rate of $100 per
hour, with no limit on the number of hours they may bill the company for.
The extortion agreement also requires companies to pay for all the
following:

• $100 per hour for the travel time of FDA employees.
• Hotel rooms for FDA employees.
• Storage fees for all products seized by the FDA.

The same agreement also requires the company to comply with FDA demands by
never placing any links or "illegal" information on its website, where
"illegal" means anything that offers an accurate description of the health
benefits offered by natural health products.
*

The Consent Decree
*

Part of the FDA's strategy for oppression and control is to force targeted
companies to sign a "consent decree" where they admit to crimes they never
committed. NaturalNews obtained a copy of a public court document the
FruitFast company was forced to sign due to FDA threats and extortion
tactics.

You can view this document yourself at:
http://www.NaturalNews.com/investigatio . . .

This document requires the FruitFast company to admit to crimes it did not
commit; namely:

Violating the Act, by introducing or delivering for introduction, or causing
to be introduced or delivered for introduction, into interstate commerce
articles of drug that are misbranded within the meaning of 21 U.S.C. §§
352(f)(1).

What "drugs" did the FruitFast company introduce that were "misbranded?" *
Cherries,* it turns out. Cherry juice concentrate was being sold with the
accurate statement that it helped eliminate gout (which it does). This,
according to the FDA, was enough to magically transform cherry juice into an
"unapproved drug" and cause it to be "misbranded."

It also requires targeted companies to contractually agree that they have:

. . . removed all claims from Defendants' product labels, labeling,
promotional materials, websites owned or controlled by Defendants, and in
any other media that cause that product to be a drug and/or contain
unapproved or unauthorized health claims within the meaning of the Act; and

(ii) removed, from their product labels, labeling, promotional materials,
and websites owned or controlled by Defendants, *references to or
endorsements of any other website* that conveys information about
Defendants' products that cause those products to be a drug and/or contain
unapproved or unauthorized health claims within the meaning of the Act.

This means, of course, that these companies can no longer even LINK to other
websites, including websites of scientific journals that discuss the proven
health benefits of such natural products (foods, herbs, etc.)
*

The truth is now subject to FDA approval
*

Once a company removes all educational information and links from their
website, they are then required to submit to draconian measures of
"censorship enforcement" by the FDA. This is fully explained in this section
of the FDA's Consent Decree: (bolding added for emphasis)

Within ten (10) calendar days of FDA's request for any labels, labeling,
promotional materials, and/or downloaded copies (on CD-Rom) of any internet
websites owned or controlled by Defendants or websites referenced by,
endorsed, or adopted directly or indirectly by Defendants, *Defendants shall
submit a copy of the requested materials to FDA* at the address specified in
paragraph 19.

Within twenty (20) calendar days of entry of this Decree, Defendants shall
submit to FDA a *certification of compliance, signed by each of the
individually-named Defendants in this matter, *each Defendant stating that
he: (a) has personally reviewed all of Defendants' product labels, labeling,
promotional materials, and the internet websites referred to in paragraph 8
above; and (b) personally certifies that the product labels, labeling,
promotional materials, and *internet websites strictly comply with the
requirements of the Act and its regulations and do not include unapproved or
unauthorized claims that the products cure, mitigate, treat, prevent and/or
reduce the risk of disease.* Thereafter, Defendants shall submit
certifications of compliance every three (3) months for a period of two (2)
years.

Furthermore, the FDA then requires that the company being targeted by the
extortion racket hire a person (called the "expert") to enforce all this
censorship the company has agreed to.

As you'll note in the language below, this "expert" must be paid $100 an
hour, for an unlimited number of hours, to conduct surprise inspections of
the company's administrative offices, warehouses and fulfillment centers:

Within fourteen (14) calendar days of entry of this Decree, Defendants shall
*retain an independent person or persons (the "expert") *. . . who by reason
of background, experience, education, and training is qualified to assess
Defendants' compliance with the Act, to review the claims Defendants make
for all of their products on their product labels, labeling, promotional
material, any internet websites owned or controlled by Defendants,
including, but not limited to, the websites referred to in paragraph 8
above. At the conclusion of the expert's review, the expert shall prepare a
written report analyzing whether Defendants are operating in compliance with
the Act and in particular, *certify whether Defendants have omitted all
claims from their product labels, labeling, promotional materials, websites
owned or controlled by Defendants,* and in any other media, that make any of
their products drugs and/or constitute unapproved or unauthorized health
claims within the meaning of the Act. The expert shall also review
Defendants' product labels, labeling, promotional materials, and websites
owned or controlled by Defendants to determine *whether these include any
references to or endorsements of any other websites that convey information
about Defendants' products *that cause those products to be a drug and/or
contain unapproved or unauthorized health claims within the meaning of the
Act, and certify in the written report whether Defendants have omitted any
such references or endorsements. The expert shall submit this report to FDA
and Defendants within thirty-five (35) calendar days of the entry of this
Decree. If the expert reports any violations of the Act, Defendants shall,
within seven (7) calendar days of receipt of the report, correct those
deviations, unless FDA notifies Defendants that a shorter time period is
necessary.

In other words, this section requires the company being targeted to pay the
"Expert" huge fees to make sure it doesn't "illegally" link to other
websites that might tell the truth about the health products in question.
*

FDA tyranny unleashed
*

So what happens if the company slips up and does something illegal like,
let's say, posting a clickable link to a science journal that discusses
research citing the health benefits of cherries? As you'll see below, *there
are no limits to the action the FDA can take in retribution,* including the
seizure of all company assets and the arrest of its principals.

Specifically, the Consent Decree forces company owners to agree to the
following:

If, at any time after this Decree has been entered, FDA determines, based on
the results of an inspection, the analyses of Defendants' product labels,
labeling, promotional materials, websites owned or controlled by Defendants,
or websites referenced by, endorsed, or adopted directly or indirectly by
Defendants that convey information about Defendants' products, a report
prepared by Defendants' expert, or any other information, that additional
corrective actions are necessary to achieve compliance with the Act,
applicable regulations, or this Decree, FDA may, as and when it deems
necessary, direct Defendants, in writing, to take one or more of the
actions:

A. *Cease manufacturing,* processing, packing, labeling, holding, and/or
distributing any article(s);

B. Submit additional reports or information to FDA;

C. *Recall* any article(s) at Defendants' expense; or

D. *Take any other reasonable corrective action(s)* as FDA, in its
discretion, deems necessary to bring Defendants and their products into
compliance with the Act, applicable regulations, and this Decree.
*

Surprise inspections, secret police and non-stop persecution
*

Just to keep the targeted company in a state of constant fear (which is why
I have labeled the FDA a terrorist organization), the FDA forces it to agree
to *surprise inspections* *where it must pay FDA "compliance officers" to
rummage through their product shelves and paperwork, looking for evidence of
non-compliance:

Duly authorized representatives of FDA shall be permitted, without prior
notice and as and when FDA deems necessary, to make [surprise] inspections
of Defendants' facilities and, without prior notice,* take any other
measures necessary to monitor and ensure continuing compliance with the
terms of this Decree. During such inspections, FDA representatives shall be
permitted prompt access to buildings, equipment, in-process and finished
materials, containers, labeling and other materials therein; to *take
photographs and make video recordings*; to take samples of Defendants'
finished and unfinished materials and products, containers, labels,
labeling, and other promotional materials; and to examine and copy all
records relating to the receipt, manufacture, processing, packing, labeling,
promoting, holding, and distribution of any and all Defendants' products in
order to ensure continuing compliance with the terms of this Decree. The
inspections shall be permitted upon presentation of a copy of this Decree
and appropriate credentials. The inspection authority granted by this Decree
is separate from, and in addition to, the authority to conduct inspections
under the Act, 21 U.S.C. §374.

And just to make sure the company is further driven into bankruptcy, the FDA
requires them to PAY for all these surprise "compliance" investigations! As
stated in the Consent Decree:

Defendants shall *reimburse FDA for the costs of all FDA
inspections,*investigations, supervision, reviews, examinations, and
analyses specified
in this Decree or that FDA deems necessary to evaluate Defendants'
compliance with this Decree. The costs of such inspections shall be borne by
Defendants at the prevailing rates in effect at the time the costs are
incurred. As of the date that this Decree is signed by the parties, these
rates are: *$78.09 per hour* and fraction thereof per representative for
inspection work; *$93.61 per hour* or fraction thereof per representative
for analytical or review work; *$0.485 per mile* for travel expenses by
automobile; government rate or the equivalent for travel by air or other
means; and the published government per diem rate or the equivalent for the
areas in which the inspections are performed per-day, per-representative for
subsistence expenses, where necessary. In the event that the standard rates
applicable to FDA supervision of court-ordered compliance are modified, *these
rates shall be increased or decreased without further order* of the Court.

Are you getting the picture here? The FDA can simply show up on a "surprise"
inspection, bring ten FDA agents, bill the company for thousands of hours,
and bankrupt the company while padding its own pockets.

Doesn't this sound a lot like the King's Consent Decree against the American
colonies? The FDA's agreement reads amazingly like a document a King might
force his subjects to sign as he's taking over their land and gold,
imprisoning them in his kingdom.

But it gets better: The FDA also requires the Defendants to reveal all sorts
of details about their business operations:

Within ten (10) calendar days of entry of this Decree, Defendants shall
provide FDA *a list of
all domain names and IP addresses they use to market or describe any
product,* regardless of whether such sites mention specific products
Defendants sell.

Defendants shall notify the District Director, FDA Detroit District Office,
in writing at least fifteen (15) calendar days before any change in
ownership, character, or name of its business.

If Defendants fail to comply with any of the provisions of this Decree,
including any time frame imposed by this Decree, then, on motion of the
United States in this proceeding, Defendants Brownwood Acres and/or Cherry
Capital shall pay to the United States of America the sum of one thousand
dollars ($1,000) in liquidated damages per violation per day so long as such
violation continues.

Should the United States bring, and prevail in, a contempt action to enforce
the terms of this Decree, Defendants shall, in addition to other remedies,
reimburse the United States for its attorneys* fees, investigational
expenses, expert witness fees, travel expenses incurred by attorneys and
witnesses, and administrative court costs relating to such contempt
proceedings.

And finally, just to make sure everybody knows who's in charge, here's what
the agreement says about final judgment:

All decisions specified in this Decree shall be vested in the discretion of
FDA and shall be final.

In other words, the FDA is the King. It is above the law. It answers to no
one but itself.

Welcome to the United States of Tyranny, FDA style.

The full text of the FDA's agreement, including the names of the top FDA
criminals who signed it, is included at the end of this article.
*

This brand of tyranny is reserved for health supplement companies
*

While the FDA gives drug companies a free pass of easy approval for
dangerous drugs, this Consent Decree is the kind of treatment it slams down
upon health product companies. As you can see from the text in the decree,
above, this is a *document of outright tyranny and oppression.
*

Any company signing this document gives the FDA all the tools it needs to
drive that company completely out of business. Sadly, dozens of companies
have signed this in just the last year. The FDA's reign of terror is
working. It's putting health companies out of business and forcing them to
censor themselves. It even forces them to *remove all web links* to
information sources like NaturalNews.com or peer-reviewed science journals.

This is all part of the FDA's *campaign of health illiteracy — a war of
disinformation being waged against the American people.* It is a secret war
being fought out of the view of the mainstream media (which refuses to
report this story) and far from the scrutiny of the U.S. Dept. of Justice
(which doesn't care about the real tyrants running loose in this country).

As I have often stated here on NaturalNews.com, *the FDA is an
out-of-control, rogue agency engaged in acts of terrorism against the
American people.* By itself, it is negligent in the deaths of tens of
millions of Americans, and it has taken it upon itself to increase the body
count by making sure consumers have zero access to honest, truthful,
scientifically-validated information about the healing properties of health
supplements.

The FDA, by any account, is a much greater threat to the security and safety
of the American people than any terrorist group, and if the U.S. really
wanted to fight terror and tyranny, it would start by arresting top FDA
officials at gunpoint. Those targeted for arrest and prosecution should also
include the lawyers and paper pushers involved in this very agreement (see
their names on the legal documents at the end of this article).

In my view, these people are the real criminals at work here. They are the
masterminds of this campaign of extortion and terror being leveled against
health companies by the rogue U.S. Food and Drug Administration. Much like
Hitler's top generals, they play an important role in the mass
disinformation that's resulting in the needless death of millions of people.
By any account, they are all guilty of crimes against humanity and should be
arrested and prosecuted as such. We should all be so fortunate to live to
the day where we can see these white-collar criminals behind bars, perhaps
sharing their jail cells with other war criminals from the Bush
Administration.
*

Sign this or you'll be arrested
*

What you haven't yet seen in all this is the barrage of threats leveled
against companies if they don't sign this Consent Decree! Company executives
receive both written and verbal threats from top FDA "enforcement officers"
who claim they will "throw you in prison" if you don't sign the agreement.
*

Every major health trade show hosts an FDA compliance officer* (much like a
Nazi Gestapo officer) whose job it is to walk the show floor and threaten
companies into compliance. This includes shows like Expo West and Expo East,
where show organizers also serve as de facto FDA agents themselves, barring
the participation of exhibitors who dare to tell the truth about their
natural products. This smacks of KGB secret police operations in the former
Soviet Union. But secret FDA police are now a reality in the United States
of America.

NaturalNews has learned of numerous verbal threats from FDA compliance
officers directed at health supplement companies during trade shows,
including threats to "put you out of business," "throw you in prison" or
"take every last dollar you've ever earned."

FDA compliance officers are the foot soldiers of the agency's war against
the truth. They seek out any health claim that might inform consumers about
the properties of nutritional supplements, then they work to squash such
statements before they become too well known. In essence, they are
censorship officers who enforce nutritional illiteracy and prevent knowledge
from being shared.

As such, they are acting not merely as secret police on a mission to destroy
small American businesses; they are actually agents of disinformation, bent
on destroying knowledge and enforcing a system of mandatory ignorance. This
is entirely consistent with the FDA's history of ordering the destruction of
recipe books that promoted the use of the natural herb stevia, among many
other examples of information suppression.
*

The FDA's campaign of health illiteracy and enforced ignorance
*

It is the FDA's position that there is no such thing as any food, beverage,
supplement or herb that has any health benefit whatsoever. Merely making
such a claim instantly qualifies your product as a "new and unapproved
drug," according to the FDA.

Officially, the FDA claims all health products are inert and have no
properties other than their macronutrients (fiber, carbohydrates, protein,
etc.).

There is only one class of substances that have any biological effect on the
human body, the FDA claims: Pharmaceuticals. Only those patented, synthetic
chemicals are allowed to be described as having benefits to human health.

This convenient position is entirely consistent with the protection of the
profits of drug companies. It's no coincidence that the drug companies fund
the FDA through "user fees," and most FDA employees are dependent on drug
company money... except, of course, those FDA people earning their living by
extorting millions of dollars from health product companies.

The upshot of the FDA's campaign against health supplements is that most of
the American people remain nutritionally illiterate, oblivious to the
scientifically-validated health benefits offered by tens of thousands of
different nutrients, plants, supplements and products. To say that zinc
speeds healing, or that vitamin D prevents cancer, or that resveratrol
lowers high cholesterol is common sense in the scientific community, but
it's a crime in the eyes of the FDA.
*

It's time to stop the FDA's reign of terror over health supplements
*

It is time to end the FDA's extortion racket, restore Free Speech rights to
health supplements, and bring the organized crime kingpins at the FDA to
justice.

NaturalNews is organizing a list of companies who wish to help fund legal
action against the FDA. We intend to take part in a lawsuit against the FDA
that would reign in the FDA's control over nutritional supplements and
defend health freedoms for American consumers.

To do this, we need to gather information from those companies who are
willing to help fund this legal action, which may cost several hundred
thousand dollars. *If you represent a company willing to take part in this
legal action against the FDA, *contact us now at *StopTheFDA at naturalnews.com
* <StopTheFDA at naturalnews.com>

Simply email us your name and contact phone number. We'll contact you to
continue the conversation. Any information sent to us is kept strictly
confidential. We will refuse to turn over such information even with a court
order.

With enough support from the natural products community, we will take part
in the reporting and grassroots organization of this legal action.
*

We must stop the FDA now
*

It is the belief of NaturalNews that *the FDA is being run as a system of
organized crime,* using the exact same extortion tactics as the Mob. Through
intimidation, censorship and threats of imprisonment, the FDA is right now
extorting tens of millions of dollars from the very same health supplement
companies you depend on to bring you lifesaving, disease-reversing products.

Even worse, the FDA is getting away with it. Backed by the threat of
imprisonment and the ability to conduct armed raids against health product
companies (see the history of armed FDA raids against vitamin companies
here: http://www.naturalnews.com/021791.html), the FDA is able to overpower
health product companies when they stand alone.
*

The industry must band together if it hopes to defend itself against this
tyranny.* A lone villager cannot defend himself against a band of marauders,
but an organized and well-defended band of villagers can fight off attackers
many times their size. If it wishes to survive, the natural products
industry must band together and defend itself against the FDA. It must take
back its right to tell the truth about health supplements, and it must
forever banish censorship and ignorance from the health products
marketplace.

The FDA will not stop its reign of terror, you see, until every health
supplement companies is silenced, every company founder is imprisoned and
every consumer is enslaved in a state of outright nutritional illiteracy.
They will seize products and let them rot in warehouses; they'll recruit
armed law enforcement personnel to conduct SWAT-style raids on vitamin
shops; they'll extort millions of dollars from health companies and pocket
the profits; and they'll do it all while burning taxpayer dollars and
claiming they're working to "protect" consumers from natural health products
like cherry juice concentrate, which is of course so incredibly dangerous
that we need an entire government agency just to make sure we don't find out
it might ease arthritis inflammation.
*

What you can do right now to help halt the FDA's reign of terror
*

As a consumer, you can use your voice to help stop the FDA from destroying
the natural products marketplace. Simply go to
*www.ReformFDA.org*<http://www.reformfda.org/>and sign the petition
there.

It's sponsored by the American Association for Health Freedom (AAHF), an
organization fighting to end the FDA's tyrannical rule over the health of
the American people.

Sign that petition and spread the word: NaturalNews and the AAHF are working
together to bring back honesty, freedom and free speech to the health
supplements industry, and we need your help to get it done.

You can also *protest the FDA with your Congressperson or Senator.* Contact
them and insist that they support efforts to end the reign of FDA tyranny
and reestablish Free Speech rights for nutritional supplement companies.

Notably, Rep. Ron Paul has sponsored the Health Freedom Protection Act,
which you can read here:
*http://www.StopFDACensorship.org*<http://www.stopfdacensorship.org/>
*

Grab your cameras, folks
*

Finally, NaturalNews urges those in the natural health community to go out
and *buy video cameras and still cameras* and start snapping photos of rogue
FDA agents arresting people, seizing products, accepting bribes or other
outrageous acts. We cannot simply lie down and let the FDA march in to our
company warehouses and seize products. *One video can change the
world.*It's up to you to get that video recorded and get it to us here
at
NaturalNews. Use our feedback form to contact us: *
www.NaturalNews.com/feedback.html*<http://www.naturalnews.com/feedback.html>

We've also opened up an audio tips line, where FDA employees who wish to
leak information to NaturalNews can anonymously call us and leave a message:
(323) 924-1664

With your help, we will soon start publishing videos and photos showing FDA
agents directly engaged in acts of tyranny against health companies. And for
those who'd like to earn some extra money snapping photos, we're willing to
pay you for photos of FDA "compliance officers" walking trade show floors
where they threaten companies in person. Contact us for details if you're a
photographer with a long lens who would like to start earning money snapping
photos of FDA agents engaged in their dirty work.

It's time to shed light on the real actions of the FDA. We can no longer sit
back and allow this criminal organization to operate in secret. But grabbing
the public's attention all comes down to *getting this on video.* This is
the YouTube era. If it's not on video, it doesn't exist. But if it's on
video, we can likely get it on mainstream news. (I can see it now: the FDA
raids a warehouse and handcuffs the screaming, crying business owner. And
why? Because their bottle said, "Eases inflammation." The public won't stand
for it.)

The FDA, of course, will have its own people doing the same thing to people
like me. They're trying to catch us eating at McDonald's or going through
the local pharmacy drive-thru. All I can say about that is they'll be
waiting a long, long time to see that day!
*

Please forward this story to everyone you know.* We the People must either
prevail in this fight for our freedom, or we will all end up illiterate,
imprisoned or silenced. The FDA will take away your rights, your speech and
your health, and it will laugh all the way to the bank while it steals your
hard-earned money. It will break every law, ignore every court order and
commit every crime necessary to bring health companies into line... UNLESS
we fight back and do our part to end this grave threat to our health, safety
and freedoms.

The FDA is the enemy of the People. It is a criminal organization bent on
destroying American freedoms and consumer health. It operates with impunity,
using its own secret compliance officers, wreaking death and destruction
across our nation like a dark plague unleashed. If we hope to ever regain
our health, our freedoms and the basic human right to tell the truth about
the healing properties of simple foods, then we must bring this agency to
justice and prosecute its mob bosses for their many crimes against the
People.

It is time to stand up for your health freedoms, or lose them forever.
Please join me in this courageous stand against tyranny and oppression.

— Mike Adams, the Health Ranger, editor of NaturalNews.com
*

The Full Consent Decree of Permanent Injunction
*

Here's the full text of the Consent Decree in case you want to read it
yourself.

February 12, 2008 3:11 PM

RONALD C. WESTON, SR., CLERK

U.S. DISTRICT COURT WESTERN DISTRICT OF MICHIGAN

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

v.

BROWNWOOD ACRES FOODS, INC., and CHERRY CAPITAL SERVICES, INC. d.b.a.
FLAVONOID SCIENCES, corporations, and STEPHEN C. de TAR and ROBERT L.
UNDERWOOD, individuals,

Defendants.

Plaintiff, United States of America, having commenced this action by filing
its Complaint for Permanent Injunction, and Brownwood Acres Foods, Inc.
("Brownwood Acres") and Cherry Capital Services, Inc., d.b.a. Flavonoid
Sciences ("Cherry Capital"), corporations, and Stephen C. de Tar and Robert
L. Underwood, individuals (hereafter collectively, "Defendants"), having
appeared and consented to the entry of this Decree without contest and
before any testimony was taken, and the United States of America, having
consented to this Decree;

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED as follows: 1. This Court has
jurisdiction over the subject matter of this action and has personal
jurisdiction over all parties to this action.

CIVIL NO

1:08-cv-148

HON Paul L Maloney

US District Judge

CONSENT DECREE OF PERMANENT INJUNCTION

2. The Complaint for Permanent Injunction states a cause of action against
Defendants under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§
301-397 (the "Act").

3. Defendants violate the Act, 21 U.S.C. § 331 (d), by introducing or
delivering for introduction, or causing to be introduced or delivered for
introduction, into interstate commerce new drugs within the meaning of 21
U.S.C. § 321 (p) that are neither approved under 21 U.S.C. § 355(a), nor
exempt from approval pursuant to 21 U.S.C. § 355(t).

4. Defendants violate the Act, 21 U.S.C. § 331 (a), by introducing or
delivering for introduction, or causing to be introduced or delivered for
introduction, into interstate commerce articles of drug that are misbranded
within the meaning of 21 U.S.C. § 352(f)(1).

5. Defendants violate the Act, 21 U.S.C. § 331(a), by introducing or
delivering for introduction, or causing to be introduced or delivered for
introduction, into interstate commerce food that is misbranded within the
meaning of 21 U.S.C. §343(r)(1)(B).

6. Upon entry of this Decree, Defendants and each and all of their
directors, officers, agents, representatives, employees, attorneys,
successors, assigns, and any and all persons in active concert or
participation with any of them who receive actual notice of this Decree by
personal service or otherwise, are permanently restrained and enjoined from
introducing or delivering for introduction, or causing to be introduced or
delivered for introduction, into interstate commerce any product unless and
until:

A. An approved new drug application or abbreviated new drug application
filed pursuant to 21 U.S.C. § 355(a) or (j) is effective with respect to the
product; or

B. An effective investigational new drug exemption filed pursuant to 21
U.S.C. § 355(i) is in effect for the product; or

C. The product's claims comport with an authorized health claim set forth in
21 C.F.R. § 101.72-101.83; or

D. Defendants have received a letter of enforcement discretion for a
qualified health claim from FDA for that product; or

E. Defendants have:

(i) removed all claims from Defendants' product labels, labeling,
promotional materials, websites owned or controlled by Defendants, and in
any other media that cause that product to be a drug and/or contain
unapproved or unauthorized health claims within the meaning of the Act; and

(ii) removed, from their product labels, labeling, promotional materials,
and websites owned or controlled by Defendants, references to or
endorsements of any other website that conveys information about Defendants'
products that cause those products to be a drug and/or contain unapproved or
unauthorized health claims within the meaning of the Act.

7. Upon entry of this Decree, Defendants and each and all of their
directors, officers, agents, representatives, employees, attorneys,
successors, assigns, and any and all persons in active concert or
participation with any of them who receive actual notice of this Decree by
personal service or otherwise, are permanently restrained and enjoined from
directly or indirectly doing or causing to be done any act that:

A. Violates 21 U.S.C. § 331(d), by introducing or delivering for
introduction, or causing to be introduced or delivered for introduction,
into interstate commerce new drugs within the meaning of 21 U.S.C. § 321 (p)
that are neither approved pursuant to 21 U.S.C. § 355(a), nor exempt from
approval pursuant to 21 U.S.C. §355(i);

B. Violates 21 U.S.C. § 331(a), by introducing or delivering for
introduction, or causing to be introduced or delivered for introduction,
into interstate commerce articles of drug that are misbranded within the
meaning of 21 U.S.C. § 352(f)(1); and

C. Violates 21 U.S.C. § 331(a), by introducing or delivering for
introduction, or causing to be introduced or delivered for introduction,
into interstate commerce food that is misbranded within the meaning of 21
U.S.C. § 343(r)(1)(B).

8. Within ten (10) calendar days of FDA's request for any labels, labeling,
promotional materials, and/or downloaded copies (on CD-Rom) of any internet
websites owned or controlled by Defendants or websites referenced by,
endorsed, or adopted directly or indirectly by Defendants, Defendants shall
submit a copy of the requested materials to FDA at the address specified in
paragraph 19.

9. Within twenty (20) calendar days of entry of this Decree, Defendants
shall submit to FDA a certification of compliance, signed by each of the
individually-named Defendants in this matter, each Defendant stating that
he: (a) has personally reviewed all of Defendants' product labels, labeling,
promotional materials, and the internet websites referred to in paragraph 8
above; and (b) personally certifies that the product labels, labeling,
promotional materials, and internet websites strictly comply with the
requirements of the Act and its regulations and do not include unapproved or
unauthorized claims that the products cure, mitigate, treat, prevent and/or
reduce the risk of disease. Thereafter, Defendants shall submit
certifications of compliance every three (3) months for a period of two (2)
years.

10. Within fourteen (14) calendar days of entry of this Decree, Defendants
shall retain an independent person or persons (the "expert"), without
personal, financial (other than the consulting agreement between the
parties), or familial ties to Defendants or their immediate families, who by
reason of background, experience, education, and training is qualified to
assess Defendants' compliance with the Act, to review the claims Defendants
make for all of their products on their product labels, labeling,
promotional material, any internet websites owned or controlled by
Defendants, including, but not limited to, the websites referred to in
paragraph 8 above. At the conclusion of the expert's review, the expert
shall prepare a written report analyzing whether Defendants are operating in
compliance with the Act and in particular, certify whether Defendants have
omitted all claims from their product labels, labeling, promotional
materials, websites owned or controlled by Defendants, and in any other
media, that make any of their products drugs and/or constitute unapproved or
unauthorized health claims within the meaning of the Act. The expert shall
also review Defendants' product labels, labeling, promotional materials, and
websites owned or controlled by Defendants to determine whether these
include any references to or endorsements of any other websites that convey
information about Defendants' products that cause those products to be a
drug and/or contain unapproved or unauthorized health claims within the
meaning of the Act, and certify in the written report whether Defendants
have omitted any such references or endorsements. The expert shall submit
this report to FDA and Defendants within thirty-five (35) calendar days of
the entry of this Decree. If the expert reports any violations of the Act,
Defendants shall, within seven (7) calendar days of receipt of the report,
correct those deviations, unless FDA notifies Defendants that a shorter time
period is necessary.

11. If, at any time after this Decree has been entered, FDA determines,
based on the results of an inspection, the analyses of Defendants' product
labels, labeling, promotional materials, websites owned or controlled by
Defendants, or websites referenced by, endorsed, or adopted directly or
indirectly by Defendants that convey information about Defendants' products,
a report prepared by Defendants' expert, or any other information, that
additional corrective actions are necessary to achieve compliance with the
Act, applicable regulations, or this Decree, FDA may, as and when it deems
necessary, direct Defendants, in writing, to take one or more of the
actions:

A. Cease manufacturing, processing, packing, labeling, holding, and/or
distributing any article(s);

B. Submit additional reports or information to FDA;

C. Recall any article(s) at Defendants' expense; or

D. Take any other reasonable corrective action(s) as FDA, in its discretion,
deems necessary to bring Defendants and their products into compliance with
the Act, applicable regulations, and this Decree.

12. Any cessation of operations as described above shall continue until FDA
notifies Defendants in writing that Defendants appear to be in compliance
with the.Act and the requirements of this Decree, and that Defendants may
resume operations. Such notification by FDA may not be unreasonably delayed.

13. Duly authorized representatives of FDA shall be permitted, without prior
notice and as and when FDA deems necessary, to make inspections of
Defendants' facilities and, without prior notice, take any other measures
necessary to monitor and ensure continuing compliance with the terms of this
Decree. During such inspections, FDA representatives shall be permitted
prompt access to buildings, equipment, in-process and finished materials,
containers, labeling and other materials therein; to take photographs and
make video recordings; to take samples of Defendants' finished and
unfinished materials and products, containers, labels, labeling, and other
promotional materials; and to examine and copy all records relating to the
receipt, manufacture, processing, packing, labeling, promoting, holding, and
distribution of any and all Defendants' products in order to ensure
continuing compliance with the terms of this Decree. The inspections shall
be permitted upon presentation of a copy of this Decree and appropriate
credentials. The inspection authority granted by this Decree is separate
from, and in addition to, the authority to conduct inspections under the
Act, 21 U.S.C. §374.

14. Defendants shall reimburse FDA for the costs of all FDA inspections,
investigations, supervision, reviews, examinations, and analyses specified
in this Decree or that FDA deems necessary to evaluate Defendants'
compliance with this Decree. For the purposes of this Decree, inspections
include FDA's review and analysis of Defendants' claims for their products
in the product labels, labeling, promotional materials, any and all websites
owned or controlled by Defendants, and any and all websites referenced by,
endorsed, or adopted directly or indirectly by Defendants that convey
information about Defendants' products. The costs of such inspections shall
be borne by Defendants at the prevailing rates in effect at the time the
costs are incurred. As of the date that this Decree is signed by the
parties, these rates are: $78.09 per hour and fraction thereof per
representative for inspection work; $93.61 per hour or fraction thereof per
representative for analytical or review work; $0,485 per mile for travel
expenses by automobile; government rate or the equivalent for travel by air
or other means; and the published government per diem rate or the equivalent
for the areas in which the inspections are performed per-day,
per-representative for subsistence expenses, where necessary. In the event
that the standard rates applicable to FDA supervision of court-ordered
compliance are modified, these rates shall be increased or decreased without
further order of the Court.

15. Within ten (10) calendar days after the entry of this Decree, Defendants
shall provide a copy of this Decree, by personal service or certified mail
(restricted delivery, return receipt requested), to each and all of its
directors, officers, agents, representatives, employees, successors,
assigns, attorneys, and any and all persons in active concert or
participation with any of them (including "doing business as" entities)
(hereafter collectively referred to as "associated persons"). Wthin
thirty-five (35) calendar days of the date of entry of this Decree,
Defendants shall provide to FDA an affidavit of compliance, stating the fact
and manner of compliance with the provisions of this paragraph and
identifying the names and positions of all associated persons who have
received a copy of this Decree and the manner of notification. In the event
that Defendants become associated, at any time after the entry of this
Decree, with new associated persons, Defendants shall: (a) within fifteen
(15) calendar days of such association, provide a copy of this Decree to
each such associated person by personal service or certified mail
(restricted delivery, return receipt requested), and (b) on a quarterly
basis, notify FDA in writing when, how, and to whom the Decree was provided.

16. Within ten (10) calendar days of entry of this Decree, Defendants shall
post a copy of this Decree on a bulletin board in a common area at any of
their manufacturing or distribution facilities, and shall ensure that the
Decree remains posted for a period of twelve (12) months at each location.

17. Wthin ten (10) calendar days of entry of this Decree, Defendants shall
provide FDA a list of all domain names and IP addresses they use to market
or describe any product, regardless of whether such sites mention specific
products Defendants sell. Defendants thereafter shall notify FDA within ten
(10) days of any change to this list (either additions or deletions).

18. Defendants shall notify the District Director, FDA Detroit District
Office, in writing at least fifteen (15) calendar days before any change in
ownership, character, or name of its business, such as dissolution,
assignment, or sale resulting in the emergence of a successor corporation,
the creation or dissolution of subsidiaries, franchises, affiliates, or
"doing business as" entities, or any other change in the corporate structure
of Defendants Brownwood Acres or Cherry Capital, or in the sale or
assignment of any business assets, such as buildings, equipment, or
inventory, that may affect compliance with this Decree. Defendants shall
provide a copy of this Decree to any potential successor or assignee at
least fifteen (15) calendar days before any sale or assignment. Defendants
shall furnish FDA with an affidavit of compliance with this paragraph no
later than ten (10) calendar days prior to such assignment or change in
ownership.

19. All notifications, certifications, reports, correspondence, and other
communications to FDA required by this Decree shall be addressed to the
Director, FDA Detroit District Office, 300 River Place, Suite 5900, Detroit,
Michigan 48207.

20. If Defendants fail to comply with any of the provisions of this Decree,
including any time frame imposed by this Decree, then, on motion of the
United States in this proceeding, Defendants Brownwood Acres and/or Cherry
Capital shall pay to the United States of America the sum of one thousand
dollars ($1,000) in liquidated damages per violation per day so long as such
violation continues. For the purposes of this paragraph, a "violation" is
defined as each time any Defendant introduces or delivers for introduction
into interstate commerce any product that is accompanied by (on the
product's label, labeling, promotional materials, websites owned or
controlled by Defendants, or in any other media) a claim(s) that causes the
product to be a drug or constitutes a health claim within the meaning of the
Act, unless the product is an approved new drug or such claim is authorized
by FDA.

21. Should the United States bring, and prevail in, a contempt action to
enforce the terms of this Decree, Defendants shall, in addition to other
remedies, reimburse the United States for its attorneys* fees,
investigational expenses, expert witness fees, travel expenses incurred by
attorneys and witnesses, and administrative court costs relating to such
contempt proceedings.

22. All decisions specified in this Decree shall be vested in the discretion
of FDA and shall be final. If contested, FDA's decisions under this Decree
shall be reviewed by the Court under the arbitrary and capricious standard
set forth in 5 U.S.C. § 706(2)(A). Review shall be based exclusively on the
written record before FDA at the time the decision was made. No discovery
shall be taken by either party.

23. If, in FDA's judgment, Defendants maintain a continuous state of
compliance with this Decree and the Act for a period of three (3) years
after the date of entry of this Decree, and FDA has not notified Defendants
that there has been a significant violation of this Decree or the Act during
such time, the government will not oppose Defendants' petition to the Court
to dissolve the Decree.

24. This Court retains jurisdiction of this action for the purpose of
enforcing or modifying this Decree and for the purpose of granting such
additional relief as may be necessary or appropriate.

IT IS SO ORDERED:

Dated this __ day of __, 2008.

UNITED STATES DISTRICT JUDGE

FOR PLAINTIFF

CHARLES R. GROSS
United States Attorney Western District of Michigan

W. FRANCESCA FERGUSON
Assistant U.S. Attorney

ALAN J. PHELPS
Trial Attorney
Office of Consumer Litigation Department of Justice Civil Division P.O. Box
386 Washington, D.C. 20044

OF COUNSEL:

JAMES C. STANSEL
Acting General Counsel

GERALD F. MASOUDI
Chief Counsel
Food and Drug Division

ERIC M. BLUMBERG
Deputy Chief Counsel, Litigation

MICHELE LEE SVONKIN
Associate Chief Counsel for Enforcement United States Department of Health
and Human Services Office of the General Counsel
*

Mike Adams *is a natural health author and technology pioneer with a passion
for teaching people how to improve their health He has authored and
published thousands of articles, interviews, consumers guides, and books on
topics like health and the environment, reaching millions of readers with
information that is saving lives and improving personal health around the
world. Adams is an independent journalist with strong ethics who does not
get paid to write articles about any product or company. In 2007, Adams
launched EcoLEDs, a maker of *super bright LED light
bulbs*<http://www.ecoleds.com/>that are 1000% more energy efficient
than incandescent lights. He also
founded an environmentally friendly online retailer called *
BetterLifeGoods.com* <http://www.betterlifegoods.com/> that uses retail
profits to help support consumer advocacy programs. He's also a noted
technology pioneer and founded a software company in 1993 that developed the
HTML email newsletter software currently powering the NaturalNews
subscriptions. Adams also serves as the executive director of the *Consumer
Wellness Center* <http://www.consumerwellness.org/>, a non-profit consumer
protection group, and practices nature photography, Capoeira, Pilates and
organic gardening. He's also author of numerous health books published
by *Truth
Publishing* <http://www.truthpublishing.com/> and is the creator of several
consumer-oriented grassroots campaigns, including the *Spam. Don't Buy
It!*<http://www.spamdontbuyit.org/>campaign, and the free downloadable
*Honest Food Guide* <http://www.honestfoodguide.org/>. He also created the
free reference sites *HerbReference.com* <http://www.herbreference.com/> and
*HealingFoodReference.com* <http://www.healingfoodreference.com/>. Adams
believes in free speech, free access to nutritional supplements and the
ending of corporate control over medicines, genes and seeds. Known by his
callsign, the 'Health Ranger,' Adams posts his missions statements, health
statistics and health photos at
*www.HealthRanger.org*<http://www.healthranger.org/>



Marguerite Uhlmann-Bower, R.N., Herbalist
TheHerbalNurses™
10517 Turnpike Rd.
East Meredith, NY 13757
(607) 278-9635
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