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Jonathan Emord - Host of Health Law & Politics

Jonathan Emord holds the record for beating the FDA in Court! He has fought FDA and FTC for sixteen years in an effort to end government censorship of health information. He has extensive knowledge of the latest policies, politics and financial interests at work at FDA, at FTC, and on Capitol Hill. A lawyer who fights corruption in government as his stock and trade, he is well qualified to reveal the real interests supporting and opposing government actions in the drug and dietary supplement market: those who call the shots, those who stand to gain, and those who stand to lose. Called the "FDA Dragonslayer," Emord has a consistent career of opposing those who for private financial gain or the want of power violate constitutional rights.

Did you know that the Food and Drug Administration prohibits food and dietary supplement companies from telling consumers how nutrients in their products can prevent or treat disease? No person who or entity that sells nutrients can lawfully tell you the therapeutic effects of those products unless FDA approves each statement; that prior restraint is imposed even if the statement is true. To tell you one sentence of truth about how a nutrient affects a disease, a company must spend tens of thousands of dollars and wait for a year or more until FDA approves it (and FDA approves precious few). Not many companies can afford those rates or those odds.

The effect is a mass suppression of health information in grocery stores, health food stores, and in the media. Those with the greatest financial interest in telling you the effects of the most basic substances we consume every day cannot legally tell you. For example, it is illegal for those who sell prune juice to tell consumers that their products relieve chronic constipation yet who on earth would question the truth of that statement? A company that did tell you that effect could have its product enjoined from sale and seized and its corporate officers prosecuted with potential prison terms.

Mr. Emord wants to reform FDA and FTC law to end those agencies censorship of health information. He gave testimony at a Capitol Hill briefing of House and Senate health staff members on FDA and FTC reform issues. The briefing was on September 20, 2005, in a U.S. House of Representatives hearing room. The briefing presented an important opportunity for him to persuade Congress to change law and policy to reduce the regulatory strictures on health claims and curb the FTC's current rampage against dietary supplement advertising. As a result, 24 members of Congress will co-sponsor the bills to end FDA and FTC censorship.

Jonathan W. Emord is a principal in the Washington, D.C. law firm Emord & Associates. He practices constitutional and administrative law before the federal courts and agencies, including the Food and Drug Administration and the Federal Trade Commission. Between 1991 and 2005, he defeated the Food and Drug Administration in federal court in six cases, five on First Amendment grounds and one on administrative law grounds. He has obtained FDA authorization for over a dozen nutrient-disease relationship claims since his landmark victory over FDA in Pearson v. Shalala and has testified before Congress and before the FDA on FDA reform issues. He is the author of several articles on the application of First Amendment principles to regulation, a monthly legal column in the Network Marketing Business Journal, and a critically acclaimed book, Freedom, Technology, and the First Amendment.

Send comments to Jonathan Emord: [email protected]

Jonathan Emord Interview by Tom Chenault. Click here to listen. Interview starts ~11min into show.

Jonathan Emord on the Dr Paula Show. Click here to listen.

Interested in carrying this show? Contact Victor Ives [email protected]

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