Recent Blog Posts:

HEALTH CARE REFORM LITIGATION

On May 12, 2010, Attorneys for the United States Citizens Association (USCA) and two individual plaintiffs (James Grapek and Maurice Thompson) filed suit challenging the constitutionality of the Patient Protection and Affordable Care Act (Pub. L. No. 111-148, H.R. 3590).  The suit contends that the federal government has no constitutional power to compel citizens to purchase a particular product with after tax dollars.  No such power exists in Article One of the United States Constitution under the Commerce Clause (U.S. Const. Art. I, § 8, cl. 3). The suit also contends that the mandatory requirement violates the freedom of association protected by the First Amendment (U.S. Const. amend. I) by forcing Americans to obtain unwanted insurance; violates the liberty provision of the Fifth Amendment’s Due Process Clause (U.S. Const. amend. V) by forcing Americans to buy a product, insurance, that they wish not to buy; and the right to privacy protected as a liberty right under the First, Third, Fourth, Fifth, and Ninth Amendments because it compels them to divulge confidential health information to an insurer against their will. Review the pleadings here.

Lobby Day in D.C. Focuses on protecting Small Firms

Katie Feldhaus, National Journal (May 16, 2011)

Got "real" milk? The question is not one that you would normally hear outside the Capitol, but many similar phrases were "uddered" on Capitol Hill on Monday during a protest of a recent action by the Food and Drug Administration against dairy farmers...  [Click to read full article]

Dietary Supplement Labeling Act poised for introduction, industry responds

Stephen Daniells (June 29, 2011)

US Senator Dick Durbin (D-IL) is set to introduce the Dietary Supplement Labeling Act to improve the information available to consumers, but industry associations are calling for regulatory enforcement not legislative solutions.  [Click to read full article]

[RADIO] Jonathan Emord Appears on George Noory’s Coast-to-Coast AM

(July 19, 2011)

Listen to George Noory’s Coast to Coast AM radio program from July 19, 2011.  Jonathan Emord was

George’s first hour guest.  Emord shared updates on new FDA regulations.  The FDA has adopted a New Dietary Ingredient guidance plan, which could in effect force out of the market numerous supplements and herbs that are presently consumed safely, he warned.  A proposed Dietary Supplement Labeling Act could also reduce the product availability, he added.

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Emord Files Comment on FDA NDI Guidance Economic Burdens

(August 2, 2011)

On Tuesday, August 2, 2011, Emord & Associates filed comments with the FDA and Office of Management and Budget (OMB) concerning the FDA’s proposed collection of information through 75-day New Dietary Ingredient notifications.  The comments present an economic impact analysis by a top regulatory economist, Dr. Joanna Shepherd-Bailey.  Shepherd-Bailey confirms that enforcement of the NDI proposed guidance will cause as many as 50 percent of existing supplements to be unlawfully marketed, cause a loss in the billions of dollars for the industry, and cause as many as over 100,000 people to lose their jobs.  Read the Comment Here.

Emord on NDI Guidance:  Politics has prevailed over science and common sense

Elaine Watson, Nutraingredients.com (August 8, 2011)

If sufficient pressure is exerted on key members of Congress, it is not beyond the realms of possibility that the FDA might suspend its draft guidance on NDIs (new dietary ingredients) or even withdraw it altogether, according to food law attorney Jonathan Emord.  Read the full article at nutraingredients.com.

[RADIO] Jonathan Emord Appears on George Noory’s Coast-to-Coast AM

(August 10, 2011)

Listen to George Noory’s Coast to Coast AM radio program from August 10, 2011.  Constitutional lawyer

specializing in food and drug law, Jonathan Emord, talked about the FDA's raids on raw milk producers, and how FDA guidelines are eroding Americans' freedoms.  He was joined during the third hour, by Karine Bouis-Towe and Laurie Cohen-Peters, both consumer leaders in the Farm Freedom Coalition. They described FDA raids/sting operations on an Amish dairy farmer in PA, and the company Rawesome in California. If dairy products are not pasteurized, the FDA considers them illegal. Yet, as Bouis-Towe pointed out, the pasteurization process kills off nutrients such as enzymes, minerals, and vitamins and makes no sense to force small farmers to use it, when they maintain hygienic farming practices, and have had no history of contamination.

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Emord’s “Freedom, Technology and the First Amendment” Turns 20

By Adam Thierer, The Technology Liberation Front (October 17, 2011)

Read Adam Thierer’s article on the 20th Anniversary of “Freedom, Technology and the First Amendment.”  Thierer writes:

“Twenty years ago, one of the best books ever penned about freedom of speech was released. Sadly, many people still haven’t heard of it. That book was Freedom, Technology and the First Amendment, by Jonathan Emord. With the exception of Ithiel de Sola Pool’s 1983 masterpiece Technologies of Freedom: On Free Speech in an Electronic Age, no book has a more profound impact on my thinking about free speech and technology policy than Emord’s 1991 classic. Emord’s book is, at once, a magisterial history and a polemical paean. This is no wishy-washy apologia for free speech, rather, it is a celebration of the amazing gift of freedom that the Founding Fathers gave us with the very first amendment to our constitution.”

Click here to read the full article at techliberation.com.

The Stossel Show with Jon Stossel

November 3, 2011

Jonathan Emord appears on the FOX Business Channel’s Stossel Show on November 3, 2011 to discuss the FDA’s regulation of mobile medical apps.  Watch Jonathan’s appearance during the third segment.  Visit Stossel’s webpage here.

Alliance for Natural Health-USA Files Public Comment Challenging the FDA’s Guidance on New Dietary Ingredients (December 2, 2011)

The Alliance for Natural Health-USA (“ANH”) filed public comments with the FDA on December 2, 2011 calling the FDA’s interpretation of the DSHEA and its New Dietary Ingredient provisions “outrageous.”  FDA accepted public comments in response to its July 2011 Guidance document concerning the New Dietary Ingredient statute, 21 U.S.C. 350b.  Under the FDA guidance, the ANH explained that between 22,240 and 41,700 nutritional supplements would likely be removed from the market, at an economic loss of between $5.6 billion and $10.5 billion.  Moreover, ANH explains that the FDA’s interpretation of the NDI statute is legally infirm and without authority.

• Click to read Emord & Associates’ Press Release
• Click to read the ANH-USA’s Press Release
• Click to read the Public Comments

[RADIO] Jonathan Emord on Coast to Coast with George Noory (December 13, 2011)

Listen to George Noory’s Coast to Coast AM radio program from December 13, 2011.  In the first hour, FDA and constitutional lawyer Jonathan Emord discussed the misguided approach of the

Transportation Security Administration (TSA).  He explained that the agency spent $57 billion in the last 10 years and maintains 65,000 employees, yet a recent investigation by Congress’s General Accounting Office found that 17 known terrorists were able to travel, on 24 different occasions, and pass through 8 separate TSA screening locations.  “The whole thing, sadly, is a game of smoke and mirrors,” he lamented.  Emord also detailed the FDA’s attempts to regulate mobile medical apps and its court case concerning graphic images on cigarette labeling.  Click here to read Congress’s ten-year report on the TSA.