Guest guest Posted March 13, 2004 Report Share Posted March 13, 2004 this post is a strongly worded call to action. it also provides more ammunition to the position I have expressed on this issue. > ACUDOC11 > Sat Mar 13, 2004 7:19:28 AM US/Pacific > info, Drjohnchen, , > vyonnelau > URGENT INFO - FDA Rule banning Ephedra > > 3/13/04 > > Dear Colleagues & Friends: > > While many in and around the AP/OM profession have been running around > like chickens with heads cut-off.....we (AOMNC) have been saying > exactly what Dr. John Chen has so easily and astutely arrived at. Once > the FDA rule and it's 263 pages of rhetorical rationalization were > available for analysis the overall intent was blatantly clear. > > What was published in an AP/OM journal is inexcusable. There is NO > exemption for herbs...Asian or otherwise. I wonder about where > the levels of journalism exist today. It is one thing to publish > individual organization's opinions but quite another to openly take a > journalistic position of some of those opinions AS THE TRUTH without > checking out the facts. It costs very little to do the research > verificaion. > > Just prior to the FDAs rule, AOMNC's lobbyist (Bob Marcus of Marcus & > Associates) phone called Robert Moore (FDA) and we were shocked at his > candor especially when he responded to certain pointed questions > regarding acupuncturists use of herbs in general. > > Folks.....don't be fooled. The 'powers that be' clearly appear > to be seeking to eliminate all herbal use by acupuncturists and any > other healthcare providers since right now the FDA states that herbs > fall into the category of illegal drugs for various reasons one of > which is how we use them. > > What to do about this? > > Experience of recent years has shown how to use the legal system > especially within the executive branch called Administrative Law. I > know a good case when I see one. After BEATING the Florida Dept of > Health late last year (pro se).....some Admin lawyers have initially > evaluated this FDA rule along with me and we believe it can be > challenged and if not repealed/thrown out - a challenge certainly has > the potential to greatly modify the language so as to give herbs a > REAL exemption or close the door on allopathy's biased attack on > chinese medicine. More importantly we NEED to TRY because 'hoping' is > not a correct attitude. > > Recently I have personally 'taken-on' the health > insurance/reimbursement domain by filing a Federal > Anti-Trust/Racketeering lawsuit on February 24th, 2004 against the > major carriers. It will probably take years to resolve but it's > FINALLY STARTED. At no time in the history of our profession has this > been done. Why did I need to do this when there are plenty of national > organizations out there and for many many years and who have quite > capable lawyers on staff? (A rhetorical question). More on this as > soon as my lawyers release a PR statement. > > I am not crazy enough to additionaly take on the FDA personally > although I considered it......BUT I will strongly suggest one such > individual/firm who is very capable of challenging the FDA > rule. Ultimately this will entail someone hiring this law firm or any > other of your choosing. > > You'all need to get on this project ASAP and decide your strategy > (collectively) as the rule becomes effective April 12th, 2004. An > Administrative Challenge would toll the rule start date. > > At least TALK to these knowledgeable lawyers and see your options. > Sitting around waiting for the sky to fall.....or thinking you can > lobby Congress is useless at this point. > > This FDA rule needs to be STOPPED - even if only on technicalities. > Some of us strongly believe it can be accomplished. > > I am sure there are other interested and effected parties but these > e-mail addresses were the only ones I had access to today. Some of you > know me personally and others only in passing. I may have a big > activist mouth but I stand behind what I say. > > Contact me if any or all wish to proceed with this one contact or if I > can help in any other way. > > Your move!!! The future of AP/OM is in your hands. > > Regards, > Richard A. Freiberg, OMD, NMD > 954-709-8850 > Chinese Herbs FAX: Quote Link to comment Share on other sites More sharing options...
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