Read the Beforeitsnews.com story here. Advertise at Before It's News here.
Profile image
By Vitamin Lawyer Health Freedom Blog
Contributor profile | More stories
Story Views
Now:
Last hour:
Last 24 hours:
Total:

Fda Gets It Wrong Again: Cannabidiol Is Grandfathered Under Dshea

% of readers think this story is Fact. Add your two cents.


Protecting the DSHEA Status of CBDs
On February 10, 2016 FDA sent warning letters to certain CBD companies. The letters made two essential points:
Certain claims made by the companies were “treatment of disease” claims and cannot be made without prior government approval.


CBD is not, based on “available evidence” grandfathered under the Dietary Supplement Health and Education Act of 1994 (DSHEA).

The agency claims authority under the 2010 (sic) Food Safety Modernization Act which allows the agency to ban any food that is being studied for medical use. That Act includes a specific clause exempting DSHEA products from this enhanced power. 

Natural Solutions Foundation led the effort to keep that clause in the law, and, although it took millions of emails, we succeeded.


Regarding #1 above, in my opinion is it always possible to revise claim language to avoid “treating disease.” Nutrients support normal function and structure, they do not “treat disease.”


During 2014 we directly confronted the FDA on a similar issue arising from the use of Nano Silver to support normal cell membrane integrity during the ebola scare. If a virus cannot penetrate a living cell there is no disease.


FDA originally said we were claiming to “treat ebola” with Nano Silver. After several letters back and forth, the agency did not object to the carefully structured support of normal cell membrane integrity claim.


With regard to #2 above, the FDA is playing a trick: no one has provided FDA with evidence that CBD is grandfathered under DSHEA, therefore the agency says it is not, thereby removing CBDs from the protection of the savings clause in the 2010 act.


This objection is easily handled. There are 3 grandfather clauses in DSHEA –


1. Sold to supplement the diet before June 1994;

2. Part of the food supply and not chemically changed since June 1994;

3. Previously approved as a drug, but sold as a food prior to being approved as a drug (and prior to June 1994).


Since humans and other mammals make CBDs as part of their neurotransmitter systems, CBD has in fact been part of the food supply and while being extracted is not chemically changed.


Furthermore, the government may not make a normal bodily substance into contraband. When I was in practice, in 1995, I won that issue when I won the DHEA Cases, keeping that nutrient available. See: How I Protected DHEA.

THE FIRST STEP IS TO ASSERT OUR RIGHT!

And here is one important step to do just that:

Declaration of Freedom for Natural Remedies

http://drrimatruthreports.com/?p=27844


Ralph Fucetola JD www.VitaminLawyer.com www.NaturalHealthOptions.net


Source: http://vitaminlawyerhealthfreedom.blogspot.com/2016/02/fda-gets-it-wrong-again-cannabidiol-is.html



Before It’s News® is a community of individuals who report on what’s going on around them, from all around the world.

Anyone can join.
Anyone can contribute.
Anyone can become informed about their world.

"United We Stand" Click Here To Create Your Personal Citizen Journalist Account Today, Be Sure To Invite Your Friends.

Please Help Support BeforeitsNews by trying our Natural Health Products below!


Order by Phone at 888-809-8385 or online at https://mitocopper.com M - F 9am to 5pm EST

Order by Phone at 866-388-7003 or online at https://www.herbanomic.com M - F 9am to 5pm EST

Order by Phone at 866-388-7003 or online at https://www.herbanomics.com M - F 9am to 5pm EST


Humic & Fulvic Trace Minerals Complex - Nature's most important supplement! Vivid Dreams again!

HNEX HydroNano EXtracellular Water - Improve immune system health and reduce inflammation.

Ultimate Clinical Potency Curcumin - Natural pain relief, reduce inflammation and so much more.

MitoCopper - Bioavailable Copper destroys pathogens and gives you more energy. (See Blood Video)

Oxy Powder - Natural Colon Cleanser!  Cleans out toxic buildup with oxygen!

Nascent Iodine - Promotes detoxification, mental focus and thyroid health.

Smart Meter Cover -  Reduces Smart Meter radiation by 96%! (See Video).

Report abuse

    Comments

    Your Comments
    Question   Razz  Sad   Evil  Exclaim  Smile  Redface  Biggrin  Surprised  Eek   Confused   Cool  LOL   Mad   Twisted  Rolleyes   Wink  Idea  Arrow  Neutral  Cry   Mr. Green

    MOST RECENT
    Load more ...

    SignUp

    Login

    Newsletter

    Email this story
    Email this story

    If you really want to ban this commenter, please write down the reason:

    If you really want to disable all recommended stories, click on OK button. After that, you will be redirect to your options page.