Subject: Tell the FDA toStop Its Malicious Persecution of jim Cole
Date: Fri, October 5, 2012
To: Ken Adachi
Dear Mr. Adachi,
I'm writing to you because I read your coverage about Daniel Smith and MMS and I thought you did a very fair job of writing about it. Our story is very similar, except without any customer complaints. Just the opposite, in this case, the FDA didn't like the positive results customers were reporting with these supplements.
My name is Gabriela Rios and on September 22, 2012, I started a petition on SignOn.org to
"Stop The FDA's Malicious Persecution of Jim Cole".
Jim Cole is a natural supplement manufacturer in Hood River, Oregon, who is being targeted by the FDA because he posted his customers' testimonials on his website. Over 18 months ago, the FDA illegally seized over $2 million of his assets in a violent raid that included 47 armed agents with guns drawn terrorizing 4 unarmed women in a small office. Since that day, the FDA has been trying to put him out of business. By refusing to indict him or charge him with a crime, they are denying him his due process.
I started the petition out of outrage and frustration to get the attention of someone in power who can tell the FDA to stop violating Jim Cole's constitutional rights and either give him his day in court or return his property. We plan to deliver the petition to the Congress and the President.
So far, we have collected 525 signatures and we're averaging about 4 signatures an hour. We sent a mass email to our entire customer database and that is where most of our support has come from. This weekend, we're sending out another mass email to a database of over 55,000 Alternative Medicine consumers. We're hoping this petition will go viral and our support will spike and garner the attention of the mainstream media. Americans need to know about this before they start a small business... or share a story about how a supplement helped their health.
(NaturalNews) Amidst all the destructive activities taking place in our world today that deserve attention, the US Food and Drug Administration (FDA) has decided instead to make it a personal mission to destroy the businesses and livelihoods of those trying to help people through natural medicine.
On Thursday, April 14, 2011, dozens of agents from the FDA, the Internal Revenue Service (IRS), and the US Federal Bureau of Investigation (FBI) conducted an unprovoked, full-scale raid on Hood River, Ore.-based Maxam Nutraceutics, a company that produces and sells nutritional supplements primarily for autism spectrum disorders (ASD) and Alzheimer's disease.
Back in October 12, 2010, the FDA sent a warning letter to Jim Cole, Founder and CEO of Maxam, notifying him that several of his company's products were not labeled in accordance with the US Food, Drug and Cosmetic Act. The letter also stated that Maxam had fifteen days from the receipt of the letter to notify the FDA compliance officer of the specific steps it planned to take in order to correct the violations.
Oddly enough, the vast majority of the "unapproved labels" in question were not actually labels at all. They were merely customer testimonials about the products that had been accumulated over the years from satisfied customers, and posted online alongside product descriptions on Maxam's website. Nevertheless, the FDA considered the testimonials to be marketing violations that automatically rendered the products as drugs.
According to Jim, his company immediately responded to the FDA letter by calling the compliance officer and telling her "it was [the company's] intention to come into full compliance as quickly as possible." This included removing all the offending testimonials from the company website after being told by the FDA compliance officer that they were not permitted.
"I contacted a patent and copyright attorney, and he had written [the compliance officer] a letter that it was our intention to come into full compliance," said Jim, noting that his company responded within two days of receiving the FDA warning letter, long before the 15-day deadline period. "So we took down the testimonials, and we thought that was good. And I hired an FDA copyright person [who] went over all the offending verbiage through the website."
Jim cooperated with every demand that the FDA made of him, and was convinced that all was well. But apparently the FDA had different ideas when out of nowhere, the agency, along with the IRS and the FBI, sent as many as 80 armed, SWAT-style agents to both Maxam headquarters, the company's "Big Gym" training center, and even Jim's daughter's house, to confiscate all the products, company documents, and even personal files and computers.
"They took all our products, all our paperwork, all our files -- we've been doing this since 1992 and they pulled everything," said Jim. "They brought in three big moving vans, they had their guns on, their bullet-proof vests -- they came prepared for war."
The armed agents also stole 27 TurboSonic machines, which is a sound-actuated vibration plate device that Jim invented to stimulate growth plates in the body, improve circulation, energize the lymphatic system, and improve muscle strength. The TurboSonic machines were not even mentioned in the FDA warning letter.
"We also have a big Olympic training center up here called the 'Big Gym' -- they went into the gym, they took all the paperwork, all the computer, hard drives, downloaded all of our servers, and trashed a couple of our servers going out," added Jim. "They took products that were not on the list. I had an old bodybuilding line that went back to 1992, they took all of that. They pretty much just had a free-for-all."
According to Jim, the agents stole "hundreds of thousands of dollars in products" as part of the raid, as well as personal files, insurance policies, non-printed checks, and even unopened packages of manila filing folders from an office supply store. Clearly, the FDA's intent was to terrorize and intimidate this small company that, from all available accounts, did absolutely nothing wrong.
Maxam is currently "waiting for the dust to settle" as it pursues legal action against the offending agencies. Until then, the world must know about this terrible injustice and crime against humanity. The FDA has clearly shown itself to be a terrorist organization that has no respect for the rule of law, or for common decency. To perform a SWAT-style raid against a company that was doing everything it could to follow the law and conduct business honestly and legally is a travesty in this supposed "land of the free."
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