View single post by Joe Kelley
 Posted: Tue Mar 7th, 2017 09:28 am
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Joe Kelley

 

Joined: Mon Nov 21st, 2005
Location: California USA
Posts: 6399
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Mana: 
The Hoxsey case:

http://blogs.weta.org/boundarystones/2015/03/24/cancer-war-fda-vs-harry-hoxsey

Meanwhile, FDA fought Hoxsey's efforts to expand his operations. After he opened a clinic in Portage, Pa., one of its first patients was an undercover FDA investigator. After an examination that lasted a few minutes, the investigator — who was perfectly healthy — was told that he suffered from prostate cancer, and needed treatment. Shortly afterward, a federal marshal showed up and confiscated 500,000 doses of Hoxsey's cure. Hoxsey fought the seizure in federal court, but a jury ruled against him, and Hoxsey's herbs were destroyed.

http://law.justia.com/cases/federal/appellate-courts/F2/198/273/203128/#fn12

We do not attempt to set ourselves up as arbiters of what method of treatment the Hoxsey Clinic shall employ. We are not authorized by law to do so. It is our duty to adjudge the merits of the case in the light of the provisions and intent of the Federal Food, Drug and Cosmetic Act, supra, which close the channels of interstate commerce against drugs which are misbranded. There is no question in this case but that the drugs, with the accompanying labels, were distributed by the defendants in interstate commerce to patients, as well as to Dr. Downs. It is stipulated that one such shipment was made to a patient only a few days before the beginning of the trial. We find these shipments and the accompanying labels to come within the prohibition of the statute and the finding of the trial Court to the contrary to be clearly erroneous.