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THE
FDA’S LACK OF AUTHORITY
Found on http://www.naturalnews.com/023719.html
30 July 2008
(NaturalNews) For the past five
years, the Utopia Silver Supplement Company has been waging a battle for health
freedom against the giants of the State of
"This
system operates on fear, you have no fear and that's a problem for us." - Texas district court official
to Utopia Silver Company owner Ben Taylor
Much like the Alamo defenders in days gone by, this small Texas company and
its supporters of health freedom are pitted against a corrupt giant determined to impose its will
and stifle freedom
-- and just like the Alamo and the struggles that followed, the outcome may
effect the freedom and future of millions.
The conflict began as a result of an FDA complaint five years ago that seeks
to set a precedent for how much control the FDA
has over all natural supplement companies and specifically the manufacture and
sale of colloidal silver supplements.
While the Texas Attorney General's office may try to contend that this is merely
a state action "to insure the safety of the citizens of the State of Texas",
the truth is that the prosecuting Texas assistant attorney general and TDSHS
officials are commissioned as officers of the FDA and there is no denying that
the investigation into Utopia Silver began as a result of an FDA complaint.
The certificates of Commission were obtained after several filings of Texas
Public Information Act requests. Therefore, this is really a Federal action
by proxy and it has pitted Utopia Silver Supplements against the Goliath of
the FDA and the World Pharma lords the FDA serves.
The persecution of Utopia Silver began five years or so ago, about the same
time that the FDA began renewed targeting of colloidal silver because of its
effectiveness as a natural anti-biotic and rising popularity -- and, coincidentally,
as a threat to the profits of Big Pharma and mainstream medicine -- the FDA sent an email to the Texas Department of State Health
Services (TDSHS) essentially complaining that Utopia Silver was making medical
claims which, in the eyes of the FDA turned their supplements into drugs. The
TDSHS then brought the 'complaint' to the Office of the Texas Attorney General
(TAG).
It has since been determined that among the targeted objections are: having
'disease' terms such as cancer,
hepatitis, diabetes, etc., posted anywhere on the website; having any 'disease'
terms in a search engine, and the posting of testimonials from customers who
had used Utopia Silver products and defeated or improved any 'disease' condition.
Such restrictions appear to be a clear violation of the First Amendment (Freedom
of Speech) of the Constitution of the United States of America, especially the supposed prohibition against posting testimonials
and speaking the truth about how people believe that dietary supplements have helped them. If the FDA is to have their way, they will stifle
a supplement company's constitutionally protected freedom of speech to the extent that a person seeking a natural dietary supplement for any medical condition would not be able to go to any website
which offered vitamins, minerals, natural supplements or any other alternatives
to mainstream medicine and be able to find that term in a search of the site
or mentioned anywhere in the site. Neither would they be able to find testimonials/customer
opinion from anyone who had used an alternative to FDA approved drugs and medical
procedures.
It is no secret that the FDA has targeted colloidal silver, which is a safe,
effective, natural and inexpensive pathogen destroyer -- four common traits
of dietary supplements that represent competition to the approved drugs of Big Pharma and which frequently come under FDA attack. It is worth noting that
that the FDA at one time had approved 34 different prescribed and OTC (over-the-counter)
medications containing silver, but withdrew approval at about the same time
antibiotics came on the market and superior methods of making colloidal silver
commercially and at home were devised.
The Texas state district court hearings and threatened trial are purportedly
about licensing and inspections, but the FDA complaint was centered around the
publication of customer testimonials which the FDA considers to be health claims
that supposedly enable them to label Colloidal Silver and other Utopia Silver
dietary supplements as drugs, and that too is part of the legal proceedings.
Although the State of
Utopia Silver believes, as do many others including legal scholars, that much
of the country's court system and agencies operate outside the Constitution
as corporate entities, having no real jurisdiction until defendants unwittingly
submit to the jurisdiction by entering into a "contract" with the
courts and agencies through such measures as making a 'general' rather than
a 'special' appearance before a court, entering a motion, applying for a license,
hiring an attorney (who are themselves 'officers of the court'), etc. Such scholars
and observers point to the yellow fringed admiralty flags flying in most of
our courts as clear symbols that the courts are not constitutional courts but
rather administrative corporate courts operating under the "color of law".
In the case against Utopia Silver, Taylor contends that there is no constitutionally
mandated requirement for them to submit to what amounts to a commercial contract
with the STATE OF TEXAS, a corporation acting under the color of law but not
under the state or federal constitutions, and not in accordance with the God-given
unalienable rights clearly declared by our forefathers when this country was
founded.
So far the Texas Attorney General's Office (TAG), has given no indication of
making a fair or reasonable settlement -- although in the Spring of 2005, the
Assistant Texas Attorney General in charge of the case, Raul Noriega, first
agreed and then reneged on an oral agreement that would have settled the case.
When asked why, Noriega's response was that he was told by higher ups to proceed
to trial despite the prior agreement to settle.
In the summer of 2006, TDSHS employees paid three separate visits to the Utopia
Silver offices and demanded with a bogus warrant to make inspections. The first
time, two TDSHS officers paid a visit. One identified himself as an "inspector"
and the other as an "investigator". The owner of Utopia Silver, Ben
Taylor, asked to see credentials so he could make copies. When they refused
he ordered them to leave his premises and they complied.
The next day they returned, accompanied by two Texas State Troopers, and said
they had a warrant. When
Two days later the TDSHS employees returned for a third time, just ahead of
a Sheriff's Deputy.
"In the middle of the first statement," said
"He then proceeded to say that since I was refusing his inspection,"
Since then, they continued to stonewall and refused to answer questions or otherwise
attempt to make clarifications requested by Ben Taylor in accordance with the
presiding judge's request for both sides to work together to try to work out
an agreement. When Utopia Silver asked why they were being singled out for such
actions and nothing was happening to similar companies, Assistant Attorney General
Noriega said that it had been decided to make Utopia Silver a test case. After
he made the statement, he was interrupted by the TDSHS officer, who, according
to
At a subsequent hearing in the Fall of 2007, the judge stated that he was ordering
a trial date to be set then and tried to first intimidate and then coerce Ben
Taylor to agree to date for the trial. Mr. Taylor refused to agree, since in
doing so he would be in effect entering into a contract to agree to the court's
jurisdiction. At one point a deputy was summoned with the clear implication
that Mr. Taylor might be arrested if he failed to agree.
Taylor, after various other tactics of intimidation by the judge, told the judge
that, "The court might have the power to force me into a trial, but I will
never agree to any trial date and will attend only "in propria persona"
(in one's own proper person) by "special appearance" in order to defend
my God-given Rights." (Note: an appearance may be either general or special;
the former is a simple unqualified or unrestricted submission to the jurisdiction
of the court where the defendant waives defects of service, the latter is for
the purpose of objecting to the sufficiency of service or the jurisdiction of
the court over a defendant without submitting to such jurisdiction).
Later,
Instead of setting a trial, a hearing was set before a new judge to determine
a date for interrogatories and discovery as well as inspections and sanctions
-- all of which are slippery grounds and another step towards a trial. At the
subsequent hearing,
As expected, when the judge made her ruling she apparently ignored all evidence
against the 'court's jurisdiction' entered by Taylor and co-defendant Adask,
however she failed to do so pursuant to the State's own Rules of Civil Procedure,
first sending an email of her ruling and then later sending a letter of the
ruling when challenged about her emailing a 'court order'. Some observers believe
that such an unorthodox method of 'delivering' a purported 'court order' was
yet another in a string of ploys intended to trap Taylor, Adask and other defendants
into unwittingly submitting to the court's jurisdiction.
Instead of accepting the improper service, Taylor sent his own "Notice
of Insufficient Process" to the court along with a demand to the court
and the prosecutor to "Cease and Desist" their fraudulent actions
against Taylor, Adask and Utopia Silver.
This is the
notice sent to the court by Ben Taylor:
RETURN OF PURPORTED COURT ORDER FOR INSUFFICIENT PROCESS AND DEMAND THAT FRAUDULENT
ACTIONS CEASE, attached below.
C.M.R.R. 7003 0500 0000 9039 8675, dated November 30, 2007
Reference: Cause No. D-1-GV-04-000268 (GV 400268)
IN THE DISTRICT COURT
OF TRAVIS COUNTY
201ST JUDICIAL DISTRICT
THE STATE OF
Plaintifs,
v.
UTOPIA SILVER, INC., et. al.
Defendants & Alleged Defendants
RETURN OF PURPORTED COURT ORDER FOR INSUFFICIENT PROCESS AND DEMAND THAT FRAUDULENT
ACTIONS CEASE
NOTICE TO THE COURT:
I, Ben Taylor, in my proper person (in propria persona) as a Man with certain
God-given unalienable and non-negotiable Rights and by right of Special Visitation,
hereby return the purported ORDER DENYING SPECIAL APPEARANCES, which was placed
in a containment designated as Post Office Box 444, Utopia, a geographical location
within the boundaries of The State of Texas on or about November 28, 2007 and
addressed to a non-existent "Ben Taylor, pro se", as insufficient
process pursuant to your Texas Rules of Civil Procedure, Part II, Section 1,
Rule 15 & Rule 16, Writs and Process, to wit:
TEXAS RULES OF CIVIL PROCEDURE
PART II - RULES OF PRACTICE IN DISTRICT AND COUNTY COURTS
SECTION 1. GENERAL RULES
RULE 15. WRITS AND PROCESS
The style of all writs and process shall be "The State of Texas;"
and unless otherwise specially provided by law or these rules every such writ
and process shall be directed to any sheriff or any constable within the State
of Texas, shall be made returnable on the Monday next after expiration of twenty
days from the date of service thereof, and shall be dated and attested by the
clerk with the seal of the court impressed thereon; and the date of issuance
shall be noted thereon.
RULE 16. SHALL ENDORSE ALL PROCESS
Every officer or authorized person shall endorse on all process and precepts
coming to his hand the day and hour on which he received them, the manner in
which he executed them, and the time and place the process was served and shall
sign the returns officially.
Further, I demand that this court, Plaintiff's, and Plaintiff's attorneys immediately
cease and desist with all of their fraudulent actions and attempts to entice,
trick and otherwise force me into a jurisdiction that has no dominion or authority
over me and my business, whether in the presence of my proper person or through
the United States Postal Service, via electronic mail, or by any other means
of communication.
Without Prejudice,
and with a Reservation
of All God-given unalienable Rights,
Within The organic State of Texas,
The United States of America
Ben Taylor, a Man
c/o P.O. Box 444
Utopia [78884]
Within The organic State of Texas,
The United States of America
Explaining this notice to the court by Ben Taylor
As Taylor reports, "This Notice along with co-defendant Al Adask's "Man
or other animals filing", see ((http://wordpress.com/tag/man-or-other-a...) , seems to have short-circuited
the Plaintiff's intention to set another court hearing date for Motions for
court ordered interrogatories and depositions under oath, as well as a restraining
order to prevent my selling of colloidal silver (which they say is a drug because
of customer testimonials) and silver generators (which they call a medical device).
"Also filed by us into evidence was a number of other things, including,
but not limited to, The Organic Laws of The United States of America,
The Common Law (specifically The Herbalist Charter), The Food, Drug and Cosmetic
Act of 1938, which limits the FDA's jurisdiction/authority to Washington, DC
and the territories (supported by the 18th and 21st Amendments) except in the
regulating (organizing for efficient flow) of interstate commerce (transportation
across State lines -- there is no FDA authority to control the sale and manufacturing
of anything that I can find.), the case of Lopez v. United States, Dun &
Bradstreet documents showing that the Texas Courts and government 'agencies'
are "corporations for profit", the United States Code 28 Sec. 3002
showing that the "United States" is a federal corporation (which is
a fictitious rather than an organic entity- our God-given Rights are recognized
only by the organic United States of America) and numerous other Supreme cases
that establish that God-given Rights cannot be statutorily converted into privileges."
Has
More than one astute observer has pointed out that the powers that be may well
be facing some very thorny issues they had just as soon not see the light of
day -- such as the FDA commissioning state officers, the constitutional limits
on the true powers of the FDA and other such agencies' true constitutional powers,
freedom of commercial speech, and the issue of whether God-given unalienable
rights set out in the Declaration of Independence and secured by the Constitution
trump the entire corporate "color of law" administrative system of
courts and agencies which have been used to usurp our freedoms and liberties
over the year.
Should the state and their FDA masters continue further actions, Taylor promises
that not only will such issues be at the forefront of his case, but also that
he and his co-defendants will then "go on the offensive by filing suit
against key officials (in their individual capacities) who have conspired to
violate our Constitutionally secured Rights. Public servants/government officials
lose their "official immunity" if they overstep their authority as
granted (and limited) by the Organic Laws of the
(Author's
Note: Ben Taylor and the Utopia Silver company will soon have an exclusive special
offer on his outstanding colloidal silver and colloidal gold liquids and skin
care bars just for readers of Natural News, and a continuing Natural News reader
discount code good for permanent discounts on every item they sell. Look for
it soon here at this page.)
Tony Isaacs, is a natural health advocate and researcher and the author of books and articles about
natural health including "Cancer's Natural Enemy" and "Collected Remedies"as well as song lyrics and humorous anecdotal stories. Mr. Isaacs
also has The Best Years in Life website for baby boomers and others wishing to avoid prescription
drugs and mainstream managed illness and live longer, healthier and happier
lives naturally. He is currently residing in the scenic Texas hill country near
Utopia, Texas where he serves as a consultant to the Utopia Silver colloidal silver and supplement company and where he is working on
a major book project due for publication later this year. Mr. Isaacs also hosts
the CureZone "Ask Tony Isaacs" forum as well as the Yahoo Health Group "Oleander Soup"
Aspartame Poisoning Information Canada - 308-40 Bay
Mills Blvd - Toronto - ON - Canada -MIT3P5
Tel: 416-754-1177 - E-mail: Contact Us - Web site: www.aspartame.ca
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