FDA Hits Small Family Food Ministry for $100K for HyperLinking to Health Research

by Augie

“Down at the store, the honey was sitting a little too close to the health benefits brochure.”

UPDATE: September 4, 2009. See the special offer on organic herbs, spices, teas, oils and other whole foods here at the Journal from Wilderness Family Naturals.

The update for this story is still yet pending. It will include some info from Ken’s perspective as well as a copy of the consent decree. Stand by for the Update later tonight.

Annette and Ken Fischer, and their family, started a business up near Silver Bay, Minnesota called  Wilderness Family Naturals in 2000 to supply healthy nutrient-dense products like coconut oil, dried berries, and spices (and later, dozens of other products) over the Internet. Just five years into it, their problems began– with the U.S. Food and Drug Administration (FDA).

After years of being silenced from talking about all this by strong recommendations from their attorney, Annette and I were able to have a conversation this week, to answer some questions I had from David Gumpert’s story linked below. I was impressed of their attitude and fortitude, and that their business is doing well yet needs more customers to pay down the debt incurred, and how positively passionate she is to continue her real food ministry.

Annette told me that FDA deemed that their honey, coconut oil and other products were sitting too close to the health benefits brochures. In internet-speak, that means linked to another site that has health research. So, Annette and Ken and, in effect, their seven children and 30 employees, were all “charged” by FDA with crimes against the federal state. So far it has cost them $100,000 and considerable loss of business– not to mention the stress. Oh yes, there is more to it than that—as they say.

Do ya like Chinese food now?

How do ya like your Chinese food now?

But the more is that it was even worse than having the honey too close to health claim literature. It was their website. They had complied with the FDA one-click policy (to health research info on honey and coconut oil) but violated a new unwritten, two-click policy (no health info directly tied to their website) and that was unknown to them.

To avoid criminal prosecution in a federal court, FDA forced them to sign a consent decree for them to pay all FDA legal expenses as well as their own, including the cost of the FDA entering their own home and business carrying away a truckload of business and customer records and invoices. So in July 2009, just two weeks ago, the first billable inspection resulted in being forced to cancel their contracts with 300 distributors throughout the U.S., severely hurting their business.  It’s all just business—of the government/corporate partnership and America’s sometimes twisted system of law and justice. (But to be fair, I will give FDAs rationale later this week)

Annette says they did the very best they could complying with the rules and FDA policies all along, including what is known as the one-click rule– but FDA internal policy changed again– without their knowing– to a two click-rule.

I just had to ask Annette how they came to the conclusion to deal with these snakes and fork over $100K, rather than say to FDA “see ya in court” and wait it out for the filing. They had a fear that if  convicted and jailed, it was explained, that they could have lost their minor children to the state. That is perfectly understandable, since this type of thing has happened many times before to others.

Yes, they could have even lost their children, their business and home; after all, the honey was too close to the health literature.

_______________

NOTE from Augie:

And yes, they do need to move more product. So, I recommend you help get this story out to the e-channels for whole foodies, homeschoolers,  farmers, freedom and Bible believer networks, NOW.

I have only three questions:

With all our friends and good people inside FDA doing so many wonderful things (and there are), why is it they allow this FDA crime unit gets away with such torture to make a point that honey and coconut oil should not be labeled (or directly linked to a site with a true health claim?

And, why do they not go after the real frauds who promise water with an induced reverse-electron orbit to bring the water back to Garden of Eden quality and special chocolate blended with manna falling from heaven?

And, why is it all of those grocery store products carry a myriad of what many say are fraudulent health claims (like milk and cereal) and get away with it?

Well, the story is just beginning to unfold. There is more to come.– Augie

Read this superbly written article by David Gumpert, an award-winning journalist who writes for Business Week at his story “We’re Still in Business,” Says Determined Wilderness Family Naturals, Despite FDA’s Determination to Bleed Firm but be sure to come back and make your comments!

Oh, they are still in business alright, and I will now recommend you peruse their website, as I have, for very fine products at reasonable prices at Wilderness Family Naturals. Order up and I will too. The State of Ohio food groups will, what about your state?

Bookmark and Share Share with your e-channels for whole foodies, homeschoolers, farmers, freedom and Bible believer networks, NOW.

27 responses to “FDA Hits Small Family Food Ministry for $100K for HyperLinking to Health Research

  1. Ron Paul for President 2012. Shut down the FDA. This action amounts to high treason against the American people.

  2. Agreed!

    Let’s raid the FDA and shut down this criminal organization.

  3. People must stop the behemoth government funding of arrogant bureaucracies controlling every aspect of our lives.
    We must demand individual liberty and choice, and vote out any politician who promotes more government power over us.

  4. Pingback: We Are Change Colorado Springs » Blog Archive » FDA Busts Small Family Food Firm For Healthy Selling Food As A Drug

  5. The FDA is more corrupt than organized crime. When are they going to stop?

  6. The FDA must be disbanded and these people rounded up and stopped. I don’t care what it takes – it must be done. The FDA and FTC are domestic terrorists that should be detained for their criminal behavior and actions. Enough is enough. We must unite and stop this if our courts and the legal process refuse to do their job.

  7. The Food War is about to begin.
    Who died and left the FDA God?

    I don’t know who said it but he was right.
    “The best defense is a good offense”
    I can’t imagine why the lawyers for Wilderness advised them to give up and pay up. The FDA has no real power, just like the IRS, it’s all bluff and puff.
    They go around looking for victims, high profile and easy targets. Make a big stink about and then use that to scare everybody else into submission.
    Fear is a powerful tool used by those who don’t really have the power.

    How in the hell did we come to have the food police making raids on dairy farmers, and threatening health food stores?
    How much harm can come from selling coconut oil?
    How much harm is done from the sale of hard liquor in bars and stores?
    What kind of hypocrites are running the FDA?
    Raw eggs with salmonella can be sold anywhere with no problem, but talk about the potential benefit of vitamins and raw foods and you can go to jail?
    And then you must pay off the FDA to inspect you?
    PAY OFF THE FDA TO DO THEIR JOB!
    Isn’t that called bribery? They get paid off to drop a lawsuit, right?
    THAT IS INSANE
    Is this the level that American Law has fallen to?
    It’s fast becoming a joke worldwide, and getting worse by the hour.
    But I’m not laughing, I live here and I’m not going to take it anymore.

    We need to stop thinking that every solution comes from the court.
    If we had waited for the courts, America would still belong to England.
    If Ghandi had waited for the courts, India would still belong to England too.
    If we had waited for the courts, Women and Blacks still couldn’t vote.
    If we had waited for the courts, we’d still be waiting in segregated cities and towns.

    There is a time to wait and a time to take to the streets to protest.
    Just because they passed a law doesn’t make that law just or right.
    It doesn’t make it fair, doesn’t make it viable, doesn’t make it impossible to change for the better.
    Just because THEY made it a law means it’s good for US, good to US or good by Us.
    It does make it good for Them. It’s always in the favor of those who oppose us.
    Follow the money, who stands to gain the most from these new laws?
    Who does it shut down and put out of business?
    Who does it keep from doing something as natural as selling good food, real food to help people?
    You always find those companies afraid of competition behind any restrictive regulations on other businesses.
    It shouldn’t happen in this country, not after all we’ve gone thru.
    Whatever became of the free market?
    It’s given way to the robber bandits of big corporations determined to put little businesses out of business.

    No more playing nice, no more trying to play by the rules.
    We didn’t make these rules or have a say in passing them, why should we obey them?
    We have to fight dirty, fight hard, make lots of noise and don’t back down.
    Make them look bad, make them look stupid.
    Put up videos on YouTube.com, Blog and Blog some more, write, speak out, picket and march in front of their offices and in front make our cause known everywhere.
    Stop being afraid of going to jail, they don’t have enough jails to hold all the people willing to fight. Look at the Marches on Washington DC in the past.
    We don’t have to be polite, certainly not play by their rules.

    This is a matter of life and death, of losing the last freedoms we have and any hope living to a ripe old age in good health.
    I refuse to be bullied, refuse to bow to tyrants and dictators of any kind or with official titles.
    Name a dictator that denies his people basic food?
    Only the FDA does.
    The next thing will be outlawing backyard gardens as well as family farms. What’s next, you have to eat according to official government menu for the week?
    They know what’s best for us cause we are too stupid to choose food for ourselves?

    It’s not 1984, it’s 2009 that Big Brother moves in for the kill, to take over lives, totally and completely.
    This is an assault on our very way of life, this is the beginning of the Food Wars.

    Enough is enough.

  8. When reading this, especially the part where the
    FDA makes them pay for the government’s
    expenses incurred while trying to kill their
    business, there was a memory gnawing in my mind.
    This has happened before;but where?
    Yes, China!
    When they execute someone there they send a bill
    to the family for the cost of the bullet they used
    to blow their loved one’s brains all over
    the cell walls. Are you still sleeping, my
    fellow Americans?

  9. Black Booted Thugs – FDA has been out of control for some time & getting worse by the day.

    Everyone needs to calmly contact their Representatives & give notice that evil doings such as this has got to be stopped, it’s wrong & unhealthy. Become educated on how evil the FDA really is , share this info with your friends & family & tell them to also share & CONTACT your Reps!

    Peace

    Sonny

    • Funny thing happened when I was doing research on our govt, or what I thought was our govt.
      Guess what, it’s neither ours or a govt.
      It’s now and has been since 1871,
      THE CORPORATION OF THE UNITED STATES OF AMERICA.
      It was established originally to control the ONLY the District of Columbia, those 10 sq miles or so that constitutes Washington DC
      Those senators committed treason by doing this and got away with it.
      That corporation has taken over our govt and hidden it all these years.
      It boils down to we are not subject to this corporations laws, courts or agencies, if we refuse to obey and assert our rights.

      Lawful Rebellion in action, google it.
      We are a republic, this corp is a democracy and a false govt that rules by lies, deception, intimidation, coercion, smoke and mirrors. Our senators are not our servants but the corporations.
      It’s mind boggling for sure, but check for yourself, it’s not hidden if you are looking.

      Think that’s bad?
      They have conned us into giving our children over to them by Registering the child’s birth, the same as our parents did to us.
      Our birth certificates are the exact same as stock certificates. We paid and our parents paid to sell us, our bodies and souls, to the state and the state sold us to the federal govt.
      There was no American law demanding any birth be REGISTERED.
      Oh yes, our states are corporations too, the same as our senators are corporations.
      So the motto
      “The business of government is business”
      isn’t just a motto, it’s a fact.
      Don’t believe me, look up on Google
      When did the united states of America become a corporation?
      And for fun try the United Kingdom, and Canada.
      I checked on Michigan and found that there are 2 governors, 1 I know about and another I never heard of before.
      I’m almost scared to look for the president.
      This is the most amazing thing I have ever heard of. Our birth certificates are stock certificates with a value in the millions each.
      Google: LAWFUL REBELLION for more shocking news.
      This makes the Food War look like a video game.
      I don’t know what to think now.

  10. This is what another reader says on but I do not know her name as of now:

    The Food War is about to begin.
    Who died and left the FDA God?

    I don’t know who said it but he was right.
    “The best defense is a good offense”
    I can’t imagine why the lawyers for Wilderness advised them to give up and pay up. The FDA has no real power, just like the IRS, it’s all bluff and puff.
    They go around looking for victims, high profile and easy targets. Make a big stink about and then use that to scare everybody else into submission.
    Fear is a powerful tool used by those who don’t really have the power.

    How in the hell did we come to have the food police making raids on dairy farmers, and threatening health food stores?
    How much harm can come from selling coconut oil?
    How much harm is done from the sale of hard liquor in bars and stores?
    What kind of hypocrites are running the FDA?
    Raw eggs with salmonella can be sold anywhere with no problem, but talk about the potential benefit of vitamins and raw foods and you can go to jail?
    And then you must pay off the FDA to inspect you?
    PAY OFF THE FDA TO DO THEIR JOB!
    Isn’t that called bribery? They get paid off to drop a lawsuit, right?
    THAT IS INSANE
    Is this the level that American Law has fallen to?
    It’s fast becoming a joke worldwide, and getting worse by the hour.
    But I’m not laughing, I live here and I’m not going to take it anymore.

    We need to stop thinking that every solution comes from the court.
    If we had waited for the courts, America would still belong to England.
    If Ghandi had waited for the courts, India would still belong to England too.
    If we had waited for the courts, Women and Blacks still couldn’t vote.
    If we had waited for the courts, we’d still be waiting in segregated cities and towns.

    There is a time to wait and a time to take to the streets to protest.
    Just because they passed a law doesn’t make that law just or right.
    It doesn’t make it fair, doesn’t make it viable, doesn’t make it impossible to change for the better.
    Just because THEY made it a law means it’s good for US, good to US or good by Us.
    It does make it good for Them. It’s always in the favor of those who oppose us.
    Follow the money, who stands to gain the most from these new laws?
    Who does it shut down and put out of business?
    Who does it keep from doing something as natural as selling good food, real food to help people?
    You always find those companies afraid of competition behind any restrictive regulations on other businesses.
    It shouldn’t happen in this country, not after all we’ve gone thru.
    Whatever became of the free market?
    It’s given way to the robber bandits of big corporations determined to put little businesses out of business.

    No more playing nice, no more trying to play by the rules.
    We didn’t make these rules or have a say in passing them, why should we obey them?
    We have to fight dirty, fight hard, make lots of noise and don’t back down.
    Make them look bad, make them look stupid.
    Put up videos on YouTube.com, Blog and Blog some more, write, speak out, picket and march in front of their offices and in front make our cause known everywhere.
    Stop being afraid of going to jail, they don’t have enough jails to hold all the people willing to fight. Look at the Marches on Washington DC in the past.
    We don’t have to be polite, certainly not play by their rules.

    This is a matter of life and death, of losing the last freedoms we have and any hope living to a ripe old age in good health.
    I refuse to be bullied, refuse to bow to tyrants and dictators of any kind or with official titles.
    Name a dictator that denies his people basic food?
    Only the FDA does.
    The next thing will be outlawing backyard gardens as well as family farms. What’s next, you have to eat according to official government menu for the week?
    They know what’s best for us cause we are too stupid to choose food for ourselves?

    It’s not 1984, it’s 2009 that Big Brother moves in for the kill, to take over lives, totally and completely.
    This is an assault on our very way of life, this is the beginning of the Food Wars.

    Enough is enough.

  11. This is a part of the “culture of death”. It is spiritual warfare. It seems to me to be all connected–abortion, limiting healthcare to the elderly, limiting access to healthy food and supplements.

  12. roymastromauro

    “Share this with the e-channels for whole foodies, homeschoolers and birthers, farmers, freedom and Bible believer networks, NOW.”

    I’m disappointed in this comment, and feel that, if this were the travesty of justice you imply (and without knowing the details of the claims of either side, I don’t know if it rises to the level of injustice you imply), everyone should know.

    $0.02 deposited.

    • The story is developing. You are free to call them and get the consent decree and search the FDA site for validation and the documents. I would not pass it along, either, unless there was some conviction that the story is mainly accurate.

    • You only put in your 2 cents, they put in over a $100,000.
      I’d call that an injustice.
      You know, I’d hate to see what you did call a travesty of justice.
      Or do I hear a hint of jealousy?
      Here’s my 2 cents.

  13. roymastromauro

    Augie I don’t doubt the story is “mainly accurate.” I don’t doubt that it’s 100% accurate, by your telling.

    I am suggesting that there’s something more to the story, and that by appealing to a segment of society naturally sympathetic, you’ve positioned the story as more topical than it would suggest naturally.

    There are real issues here that the Gen Pub should debate, including sensational claims of health products by anyone. This includes marketing by Wal-Mart of “local” produce, “carbon footprint” statements by oil companies, etc.

    I have no intent to question anything but your decision to identify an audience so explicitly: hopefully, any American loves “freedom,” and your statement could reflect that. We don’t home school, or farm. It doesn’t mean that this story doesn’t invite consideration.

    As for the subject dilemma, I’m happy they haven’t lost their business; it seems, from the article, that this has been a “bump in the road” type event rather than cataclysm. $100,000 in legal fees is rather small compared to what they must have in payroll; considering average of $8/hr (not living wage, mind you) x 40 x 20 (assuming only half the workers are full-time) it’s less than 1/3 of their payroll per annum, and over 5 years it’s in better perspective. I suspect that they can bear the cost of bi-annual inspections. It is disappointing, though, I’m sure.

    I do hope that some more egregious examples of “greenwashing” get the market’s foot when the Gen Pub gets notice that there are some very insincere marketing statements being made about “green” and “natural” and “local” products.

    There’s another point here: the marketing of Coconut products from Minnesota is somewhat disturbing. Suffice to say: the Coconut is not native to the area. Which of “Green,” “Local,” and “Natural” would you ascribe to a coconut business in “The Pristine Wilderness of Northern Minnesota”?

    • I think you are spot on. Working in the alternative health field myself, we have for years incorporated considerable lengths to ensure we are well within the boundaries of any FDA requirements. It was hard to do this as it was obvious our sales would drop some due to all the things we can & can not do and knowing we would lose some customers by complying to all the rules. But we made that decision & stuck with it even when the guy who “bends the rules a little” gains our lost customer. It’s a legal thing & the FDA is ruthless.

  14. This came in from Marilyn from Ohio, a provider of real food:

    The FDA made me sign a consent decree concerning making and selling ear candles. It was a carrot to stop further procedures. I took the bait because they will ruin your life constantly dragging you into court. I knew better than to hire a lawyer. Look what they do! Bad, bad advice.

    Before I signed, I made them rewrite it, removing any payment to the FDA for so called inspections. They wanted to charge me $300 every time they visited over the next five years to make sure I wasn’t selling or making ear candles. Did they think I was stupid? Why would I pay them to come into my home and disrupt my family just to make sure I am complying with their arbitrary laws? That’s what I asked them. They rewrote the decree and took out the ridiculous fees and I signed their decree. Let the record show that Marilyn Jarzembski does not make or sell ear candles any more.

    Marilyn

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  17. There is a video and more that go with this article.
    If we are going to discuss what the govt does to its people, we should know what govt we are talking about first.
    Apparently, we’re talking about the wrong one.
    America is no longer a republic but a corporation and we are their slaves.

    READ ON:

    Jordan Maxwell about America (16:27)

    An excellent introduction on how the Republic of America became the corporation known as the THE UNITED STATES OF AMERICA is available at: “The United States Isn’t a Country — It’s a Corporation!”. On 21 February 1871, the Forty-First Congress passed an Act titled: “An Act To Provide A Government for the District of Columbia” also known as the “Act of 1871.”

    “In essence, this Act formed the corporation known as THE UNITED STATES. Note the capitalization, because it is important. This corporation, owned by foreign interests, moved right in and shoved the original ‘organic’ version of the Constitution into a dusty corner. With the ‘Act of 1871,’ our Constitution was defaced in the sense that the title was block-capitalized and the word ‘for’ was changed to the word ‘of’ in the title. The original Constitution drafted by the Founding Fathers, was written in this manner:

    ‘The Constitution for the united states of America’.

    “The altered version reads: ‘THE CONSTITUTION OF THE UNITED STATES OF AMERICA’. It is the corporate constitution. It is NOT the same document you might think it is. The corporate constitution operates in an economic capacity and has been used to fool the People into thinking it is the same parchment that governs the Republic. It absolutely is not.”

    Armed with the knowledge obtained from these two sources and the fact that many of the people running the government are also on the board of directors of the largest corporations in the world, I revisited the following book, “War is a Racket” by Major General Smedley D. Butler, USMC, “one of only 19 people to be twice awarded the Medal of Honor, and one of only three to be awarded a Marine Corps Brevet Medal and a Medal of Honor, and the only person to be awarded a Marine Corps Brevet Medal and a Medal of Honor for two different actions.”

    Taking all of the above into consideration, it has shed a new light onto the reasons why President George W. Bush has vetoed legislation passed by Congress banning the CIA from torturing its captives, and what it means to our society now that we have allowed over one million innocent Iraqi civilians to be killed for the sole purpose of filling the corporate coffer.

    Knowing this information we can now decide if THE UNITED STATES OF AMERICA is a good corporation or a bad one. More importantly however, the people working for this organization, at some point in the near future, will have to decide for themselves if they wish to continue to support this entity to function in its current form

  18. Here’s a “one-click link” for FDA scum: just how much nutrient dense foods can really do and yet more reason they REALLY don’t want us to know.

  19. Health care workers the world over are refusing to be vaccinated.
    Somebody needs to do an obituary about the unexpected demise of apathy and silent resignation throughout the world.
    The People are mad as hell and not gonna take it anymore!
    Even Thomas Jefferson could envision a time and a future need for a revolution.
    He understood that it is too tempting for any government to remain true to its origins for too long. That adverse elements always rise to undermine and overcome the needs of the many in favor of the needs of the few, the rich and the most powerful among us.
    When it the consent of the governed is perverted into the law of tyrants, he knew that rebellion would follow and justly so.
    Unjust laws are worse than no laws, and it is our duty to refuse to obey unjust laws and seek to restore justice and freedom by any means necessary.

  20. There is a limit to what people will endure, a breaking point that comes despite our best efforts to contain the frustration, rage, pain and indignities heap on us, day after day without end.
    Stolen elections, lies, propaganda, rigged trials and laws passed in the night that keep taking more and more of our freedoms. Laws that never fail to deplete our savings with fines and taxes, that creep into our lives and make us criminals for just going the store and not buckling a seat belt. We constantly have to worry about which new law we might be breaking and in fear of being caught.
    Now they want to attack our food and sources of vitamins, minerals and supplements.
    There is the threat of making small farms and maybe gardens forbidden.
    That all food must be regulated and formulated to conform with what a “committee” has decided all food must be. Nothing natural will remain if they have their way.
    But they will ensure that every chemical additive ever made is in everything we eat, with special provisions to make certain that ASPARTAME has the highest allowable level of all chemicals by a hundred fold.
    And this is to be implemented worldwide, any nation refusing to obey will be heavily sanctioned and fined.
    If the vaccination program fails, this will be the fallback scenario.
    By whatever means, they intend to poison us all, every day at every meal from every source.
    The Codex will rule the world.

    educate-yourself.org/lte/codexcoming13jul08.shtm
    http://www.codexalimentarius.net/web/current.jsp

    Google : Georgia Guidestones, Codex Alimentarius , WTO & WHO

  21. This fine Family had something to lose there Children, never mind the property, they wanted the threat of loosing there Children , and the FDA preyed on FEAR! You have to stand up to these thugs if they come onto your property, ask for warrants and say no way! Ok if they have warrants if they have paperwork to sign , you always ask to read it over and get multiple consultations from correct organizations that represent your interests period. I Wish there whole town stood up to the FDA and said Get the Hell out of here! Go back to the Rocks you crawled out of ! I do believe this country needs food safety- but controlled and operated by each state not any FEDS!! We have state controlled Tags on Cows and Tattoos on there ears, who the heck dreamed up Chips needed? Maybe Other countries? Folks in this state will band together to fight this and protect each others Farm, even the local policeman have committed to not assisting Federal agencies in this NAIS garbage. LESS is MORE , we need less Federal and more Individual Rights!!!

  22. This fine Family had something to lose their Children, never mind the property, they wanted the threat of loosing there Children , and the FDA preyed on FEAR! You have to stand up to these thugs if they come onto your property, ask for warrants and say no way! Ok if they have warrants if they have paperwork to sign , you always ask to read it over and get multiple consultations from correct organizations that represent your interests period. I Wish there whole town stood up to the FDA and said Get the Hell out of here! Go back to the Rocks you crawled out of ! I do believe this country needs food safety- but controlled and operated by each state not any FEDS!! We have state controlled Tags on Cows and Tattoos on there ears, who the heck dreamed up Chips needed? Maybe Other countries? Folks in this state will band together to fight this and protect each others Farm, even the local policeman have committed to not assisting Federal agencies in this NAIS garbage. LESS is MORE , we need less Federal and more Individual Rights!!!

  23. I find this unconscionable. What a bunch of Nazi-criminals. Of course they settled, the stress and problems attached to something drawn out in the courts….
    Yet, one has to wonder what would have happened had they stuck to their guns.. no double broke and starting over.
    I hate the FDA….they are so far into bed w/ the food conglomerates that I can’t tell them apart.

    I was just about to order some mayo and coconut oil and I’m going to do just that. FDA…Farts Doing Absolutely nothing.

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