Nexus - 0224 - New Times Magazine-pages

Page Content (OCR)

Raid: Solid Gold Pet Foods — September 1989 Address: 1483 N. Cuyamaca, El Cajon CA 92020 Phone: (619) 465 9507 — Sissy Harrington McGill, owner Reason: FDA had been harassing McGill over labels on her holistic pet food products. In March 1990, an FDA agent seized products from her store without a search warrant and shut down her store. On 23 July 1990, after being indicted, she chose a jury trial. Upon appearing for her trial, she was clapped into leg irons, put into a maximum security federal prison for 179 days and fined US$10,000. While incarcerated, she suffered a near-fatal stroke. Outcome: McGill sued the Department of Justice and won a vic- tory on 20 February 1992. She expects to file a US$25,000,000 lawsuit against the FDA. Raid: Nutricology, Inc. — 9 May 1991 Address: 400 Preda Avenue, San Leandro CA 94577 Phone: 1 800 545 9960 — Stephen A. Levine, Ph.D., owner Reason: The FDA raided Nutricology, seized their bank accounts and shut them down for two days, charging them with wire fraud, mail fraud, and selling unapproved drugs, unsafe food additives and misbranded drugs. Twelve armed agents conducted an exhaustive search of the company’s offices and warehouse. Outcome: On 23 May 1991, Federal Judge D. Lowell Jensen denied the FDA's request for a preliminary injunction. On 10 September 1991, the FDA appealed to the 9th Circuit Court of Appeals, but was again denied. On 23 September 1993, Judge Jensen denied the FDA's motion for summary judgement and granted Nutricology's motion to eliminate the wire and mail fraud charges. Raid: Highland Labs — Autumn 1990 Address: Box 199, Mt. Angel OR 97362 Phone: 1 800 547 0273 — Candy Scott Reason: FDA claimed that product literature (with false claims) was being shipped with products to customers. FDA said these made CoQ10 and GeOxy132 "unapproved drugs". Outcome: After spending US$250,000 in legal fees, defendant was forced to plead guilty to selling "unapproved new drugs”. Six months' house arrest; US$5,000 fine. Raid: Scientific Botanicals — Autumn 1991 Address: 8003 Roosevelt Avenue NE, Seattle WA 98115---~" Phone: (206) 527 5521 Reason: Alleged labelling violations. FDA seized herbal extract products and literature sent to physicians. FDA forced the compa- ny to stop using its patented trade names lest they "mislead the consumer". Outcome: FDA slowly released all seized products, forcing the company to comply with all demands under threat of being shut down. Company refuses to talk about their case for fear of reprisal. Raid: H. A. Lyons Mailing Service — 16 October 1990 Address: Driven out of business; formerly in Phoenix, AZ Reason: Mailing literature on behalf of vitamin companies. With no advance warning, five armed agents, backed by an armed policeman, raided this home-based business run by a young woman. Outcome: The owner convinced the agents not to seize her cheque book and cash. They did seize all her business records and litera- ture. No charges were filed. Raid: Thorne Research — 12 December 1991 Address: 901 Triangle Drive, Sand Point, ID 83864 Phone: (208) 263 1337 — Al Czap, owner Reason: FDA claimed that vitamin products sold by company were “unapproved drugs". FDA agent and three US marshals seized the company's entire stock of , US$20,000 worth of products and 11,000 i pieces of literature intended for physicians. Outcome: Thorne initially notified District Court that it would fight, but gave up as the id expiration date on the seized products was approaching and it became too expensive to continue. The company no longer publish- es any literature. Raid: Tahoma Clinic, Dr Jonathan Wright — 6 May 1992 Address: 24030 132nd Avenue SE, Kent WA 98042 Phone: (206) 631 9681 — Harry Mills, public relations Reason: After L-tryptophan was banned, Dr Jonathan Wright continued to prescribe it. The FDA raided him and seized his supply of tryptophan. Dr Wright filed suit. The FDA retaliated by storming into Wright's clinic with armed sheriffs who terrorised employees and seized vitamins and other natural therapies, allergy screen- ing equipment, computers, bank records, his mailing list and medical records. Outcome: In October 1992, Wright filed suit in District Court, charging unlawful search and seizure, and demanding his property back. In response, the FDA con- vened a federal grand jury and subpoenaed Wright's clinic records. No charges have yet been filed. Sw ahh 18 ¢ NEXUS FEBRUARY - MARCH 1995