The Health Sciences Institute is intended to provide cutting-edge health information.
Nothing on this site should be interpreted as personal medical advice. Always consult with your doctor before changing anything related to your healthcare.

Our health care freedom is under attack again

We’re Going to Need a Bigger Boat

Just when you thought it might be safe to go back in the water

(Cue “Jaws” soundtrack)

Yes, the big sharks appear to be circling again, reminding us that our freedom to make our own health care choices can easily be taken away.

Where there’s smoke

We’ll start in Canada where things may or may not be dire.

An HSI member named Les who lives north of the border writes: “In Canada the government is trying to ram through on the fast track legislation, which will CRIMINALISE using supplements and herbal products. There is a media blackout. Passing the Bill would have very serious consequences not only for the public in Canada but in the USA, as well. Your Canadian subscribers and your membership would be adversely affected.”

Les also included a link to a web site (stopc51.com) that makes several shocking claims about Bill C-51 – a proposed law that would allow:

  • Search and seizures without warrants
  • No evidence will be required
  • Up to $5,000,000 in fines if you are suspected of having unregistered natural health products

But a Government of Canada web site about C-51 states:

  • Inspectors will not be able to enter a private home without permission or a warrant
  • Bill C-51 does not target Canadians’ personal use of natural health products
  • Canadians will not require a prescription from a doctor for natural health products

I would be the last one to suggest that ANY government’s official notices should be taken at face value. But after reading several pro and con commentaries on C-51 (and finding no evidence of a media blackout), I don’t think the sky is quite falling on natural health product use in Canada. However, some of the provisions of C-51 seem like they might be cleverly written to curb supplement use by making it more difficult for supplement manufacturers and sellers to provide the products our Canadian friends and members want.

So I’ll keep an eye on the progress of C-51. And if any of Canadian HSI members can help shed light on the threats that may be posed by this bill, please write and share details.

Cute trick

Meanwhile, back here in the U.S., drug maker GlaxoSmithKline has taken a menacing page out of Wyeth Pharmaceuticals playbook.

In several e-Alerts I sent you a couple of years back, I told you about a Wyeth petition that called on the FDA to impose broad restrictions on the compounding of bioidentical hormones – a therapy that’s widely regarded as much safer than synthetic hormone replacement therapy (HRT). And of course, Wyeth just happens to be the maker of the controversial synthetic HRT.

Now GSK has petitioned the FDA to prohibit supplement producers from making weight-loss claims unless the supplements are approved by the FDA. And GSK just happens to be the maker of “alli” – the only FDA-approved over-the-counter weight loss drug. And if you’ve ever read about the side effects of “alli” (see the e-Alert “Expert Tease” 7/31/06), you’ll understand why GSK would want to bump aside their competition.

GSK executives are pulling a cute one here. Currently, the FDA allows supplement manufacturers to make weight loss claims because being overweight is not classified as a medical condition. But in recent years, being overweight has been linked to risk of heart disease and type 2 diabetes. Based on that research, the GSK petition calls on the FDA to reclassify weight loss claims as disease claims.

HSI Panelist Jon Barron slices and dices this cynical business move in a recent Baseline of Health Newsletter titled “GlaxoSmithKline Petitions the FDA” (6/9/08), which you can find at jonbarron.org.

Jon neatly exposes the can of worms that might be opened if the petition is successful. Jon: “What about vitamin C? A shortage of vitamin C in the diet leads to scurvy, a medical condition. By the applied logic, vitamin C should then be regulated as dealing with a medical condition and subject to the same rules.”

And that’s just how easily we could see our health care freedom slip away.

You can use this link to send your own comments about the GSK petition to the FDA: http://www.regulations.gov/fdmspublic/component/main?main=SubmitComment&o=090 0006480511d9b

Sources:
“The Official Stop C-51 Website” stopc51.com
“Bill C-51 and the Regulation of Natural Health Products – Fast Facts” Government of Canada, canadiensensante.gc.ca
“Vitamin C is About to be Made Illegal in Canada! Nutritional Supplements Banned in Canada! Bill C-51” John Freeman, Sr., FoodConsumer, 6/7/08, foodconsumer.org
“Canada Bill C-51 – Regarding Natural Health Products” Steven Novella, Science Based Medicine, 5/14/08, sciencebasedmedicine.org
“Bill C-51: A Blessing or a Curse?” Toronto Star, 5/23/08, thestar.com
“GlaxoSmithKline Petitions the FDA” Jon Barron, Baseline of Health Newsletter, 6/9/08, jonbarron.org

Get a free copy of 5 Household Items that Cause Cancer

By texting HSI to 844-539-1128, you are providing your electronic signature expressly consenting to be called and texted (including by prerecorded messages, using an autodialer, and/or automated means) with alerts, stories, reports, and marketing communications from Institute of Health Sciences, LLC. and its authorized representatives at the phone number you provide, including landlines and wireless numbers, even if the phone number is on a corporate, state or national Do Not Call list. You also consent and unconditionally agree to our Privacy Policy and Terms of Use, including the arbitration provision and class action waiver contained therein. Msg&data rates may apply. 15 Msgs/Month. You are not required to agree to this as a condition of making a purchase.

Terms & Conditions

The following Terms and Conditions apply to your use of the website located at hsionline.com (the “website”) and any text messages that you send to or receive from the Institute of Health Sciences, L.L.C. These Terms and Conditions constitute a binding agreement (“Agreement”) between you (“you”) Institute of Health Sciences, L.L.C (“we”, “us”, etc.)  Please read these terms carefully. 

By providing your telephone number to us, texting us a short code listed on the website, or otherwise indicate your agreement to these Terms and Conditions, you are agreeing to the mandatory arbitration provision and class action waiver below. 

ARBITRATION IS MANDATORY AND THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES RELATED TO THIS WEBSITE, THIS AGREEMENT, AND ANY TELEPHONE CALLS, EMAILS, OR TEXT MESSAGES THAT YOU RECEIVE FROM OR ON BEHALF OF US, UNLESS SPECIFIED BELOW OR UNLESS YOU OPT-OUT.

Text Messaging and Telemarketing Terms and Conditions

When you provide your telephone number on this website or send a text message to us with or from a short-code, you agree to receive alerts and communications, and marketing messages including those sent via automated telephone dialing system, text messages, SMS, MMS, and picture messages from Institute of Health Sciences, L.L.C at the phone number you provide on this website or the phone number from which you text the short code, including on landlines and wireless numbers, even if the phone number is on a corporate, state or national Do Not Call list. You also agree to the mandatory arbitration provision and class action waiver below. Your consent is not required to purchase goods or services. Message & data rates may apply.

You may opt-out at any time by texting the word STOP to the telephone number from which you receive the text messages.  Call 1-888-213-0764 to learn more.  By providing your telephone number, you agree to notify us of any changes to your telephone number and update your account us to reflect this change. Your carrier may charge you for text messages and telephone calls that you receive, or may prohibit or restrict certain mobile features, and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.

Dispute Resolution by Binding Arbitration and Class Action Waiver

Any dispute relating in any way to telephone calls, emails, or text messages that you receive from or on behalf of Institute of Health Sciences, L.L.C this website, or this Agreement (collectively “Disputes”) shall be submitted to confidential arbitration and shall be governed exclusively by the laws of the State of Maryland, excluding its conflict of law provisions.  For the avoidance of doubt, all claims arising under the Telephone Consumer Protection Act and state telemarketing laws shall be considered “Disputes” that are subject to resolution by binding individual, confidential arbitration.

If a Dispute arises under this Agreement, you agree to first contact us at 1-888-213-0764 or help@hsionline.com. Before formally submitting a Dispute to arbitration, you and we may choose to informally resolve the Dispute.  If any Dispute cannot be resolved informally, you agree that any and all Disputes, including the validity of this arbitration clause and class action waiver, shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in a location convenient to you or telephonically. Either you or we may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party.  The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration.  Except as may be required by law as determined by the arbitrator, no party or arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both parties. Institute of Health Sciences, L.L.C will pay all of the filing costs.  Without limiting the foregoing, YOU EXPRESSLY AGREE TO SUBMIT TO ARBITRATION ALL DISPUTES RELATING TO ANY TEXT MESSAGES OR TELEPHONE CALLS YOU RECEIVE FROM OR ON BEHALF OF US OR ANY ENTITY WITH WHOM WE MAY SHARE YOUR TELEPHONE NUMBER.  Further, we both agree that all entities with whom we share your telephone numbers shall be third party beneficiaries of this Agreement to Arbitrate Disputes, and that those entities have the same rights as Institute of Health Sciences, L.L.C to enforce this arbitration provision.

Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of Maryland: (i) any dispute, controversy, or claim relating to or contesting the validity of our or one of our family company’s intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; (ii) an action by us for temporary or preliminary injunctive relief, whether prohibitive or mandatory, or other provisional relief; (iii) any legal action by us against a non-consumer; or (iv) interactions with governmental and regulatory authorities.  You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.

The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement may be joined to an arbitration involving any other party subject to this Agreement, whether through a class action, private attorney general proceeding, class arbitration proceedings or otherwise.

YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE IN A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION.  HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION.  You shall have thirty (30) days from the earliest of the date that you visit the website, the date you submit information to us through the website, or the date that you send a text message to us, to opt out of this arbitration agreement, by contacting us by email at help@hsionline.com or by mail Health Sciences Institute, PO Box 913, Frederick, MD 21705-0913. If you do not opt out by the earliest of the date that you visit the website, the date you submit information to us through the website, or the date that you send a text message to us, then you are not eligible to opt out of this arbitration agreement.

Electronic Signatures

All information communicated on the website is considered an electronic communication.  When you communicate with us through or on the website, by text message or telephone, or via other forms of electronic media, such as e-mail, you are communicating with us electronically.  You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

You further acknowledge and agree that by clicking on a button labeled “ORDER NOW”, “SUBMIT”, “I ACCEPT”, “I AGREE”, “YES”, by texting a short code to us in response to a request on this website, or by clicking or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract.  You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement.  Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE.  Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means You may receive a physical paper copy of this contract by contacting us at help@hsionline.com.

Privacy Policy

Please read our Privacy Policy, which is incorporated herein by reference.  In the event of any conflict between these Terms and Conditions and the Privacy Policy, these Terms shall control.

Contact Us

You may contact us by telephone at 1-888-213-0764 or by email at help@hsionline.com.