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GALILEO'S
LAWYER: "Galileo's Lawyer tells the story of medical mavericks, that is to say health care practitioners who use unconventional, alternative, unapproved, experimental or integrative medical modalities on conditions like cancer, heart disease, fibromyalgia, multiple sclerosis, Lou Gehrig's disease and other conditions. Many of these practitioners use dietary or nutritional supplements, herbal remedies or homeopathic products to treat disease or for disease prevention. Many of the treatments used by medical mavericks are not approved by the FDA (Food and Drug Administration). The government, insurance companies and the medical establishment sometimes try to stop these practitioners from treating patients through the use of medical board proceedings, criminal actions and civil lawsuits. This book tells the story of the fight between alternative or complementary health practitioners, their patients and the government." - Richard Jaffe |
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We are kindly asking for donations to a legal defense fund, set up on our behalf through our attorney, Richard Jaffe. We really need donations so that we may continue to push back against the FTC's unfair and unconstitutional regulations against sellers of dietary supplements. With your support we honestly believe we can prevail. Please donate to our legal defense fund - anything at all helps and is greatly appreciated. * * * * * * * * * * On September 18th 2008 the FTC held a press conference announcing administrative cases (lawsuits) against five companies including Native Essence. The cases will be tried before an administrative law judge at the Commission. Read it here: * * * * * * * * * * On September 11th 2008 we had a hearing in a Santa Fe court. The judge agreed with the FTC and the DOJ and dismissed our case against the FTC. The judge decided since the FTC has yet to take any formal action against Native Essence (just threatened action), there is no "case or controversy" that permits the federal courts to invoke jurisdiction. In other words although the FTC threatened to have a Santa Fe district court appoint a receiver to take over our company and freeze our assets it argued that we had no right to have a Santa Fe district court hear our case against them. So our case and our motion for a preliminary injunction were never heard. * * * * * * * * * * On August 26th 2008 we filed a brief opposing the FTC's motion to dismiss. The brief argues that since we have raised a constitutional challenge to the FTC's rules forbidding certain types of speech, the courts have jurisdiction to hear the case. Read it here: Law in opposition to the FTC's Motion to Dismiss * * * * * * * * * * On July 31st 2008 nine FTC and U.S. Department of Justice attorneys filed a motion to dismiss our case against them. The FTC argues that since it has yet to take any formal action against Native Essence, there is no "case or controversy" that permits the federal courts to invoke jurisdiction. Read it here: * * * * * * * * * * On July 15th 2008 we filed a motion for a preliminary injunction asking the courts to allow us to post or link to herbal information available at federal government websites such as the National Center for Complimentary and Alternative Medicine until this matter is resolved. Read it here: Motion for a Preliminary Injunction Law in Support of Preliminary Injunction * * * * * * * * * * Click here to see how this all came about Click here to see a copy of our complaint filed in a New Mexico district court * * * * * * * * * * Native Essence Herb Company Sues FTC TAOS, N.M.--(BUSINESS WIRE)--June 25, 2008--For the first time, the Federal Trade Commission is being sued over the use of history. A New Mexico herb company says the First Amendment gives it the right to tell customers the historical use of herbs in treating serious diseases. The FTC says this violates its guidelines. Now the issue is headed to court. Native Essence Herb Company, and its owners Mark and Marianne Hershiser, has sued to strike down the FTC's guidelines. The lawsuit was filed by Houston attorney Richard A. Jaffe, Esq., a leading health care attorney and the author of "Galileo's Lawyer," an insider's look into the battles between the government and the complementary medicine field. "Herb sellers should be able to tell consumers that an herb has a long historical use to treat a disease," says Jaffe. "The FTC's prohibition of this kind of truthful information is unreasonable and unconstitutional." The lawsuit asks the federal court to declare the FTC's guidelines on "historical use claims" for herbal remedies a violation of the First Amendment. Company owner Hershiser wants to post this historical use information on his website, much of which is taken from federal government websites, and he wants the courts to allow him that right. "This is a precedent-setting case," Jaffe says. "The issue has never been litigated; it not only affects the Hershisers, but all companies which sell herbal products." In April 2008, the FTC told the New Mexico herb company that its website contained false, misleading or unsubstantiated claims, including claims that some of the listed herbs have been used for hundreds or thousands of years by Native Americans and other cultures. The FTC received no consumer complaints, yet it threatened to file an injunction action against the company. Native Essence removed that information about their products from their website. However, the company owners decided not to settle with the FTC, but file suit to overturn the FTC's advertising guidelines and seek a judicial ruling allowing sellers of herbal remedies to provide consumers with information found on government websites and other recognized legitimate sources.
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