DURK AND SANDY – MORE THAN ‘MERE’ SCIENTISTS
On the cusp of the 250th anniversary of American Independence, we here at TTP want to show a side of Durk Pearson and Sandy Shaw that often goes unnoticed by those who didn’t know them personally. They were not only extraordinary scientists. They were ardent patriots, committed to the Constitution and personal liberty.
This month of this year is the perfect time to share their passion concerning the First Amendment and the right of the people to be educated and informed about their own biology and nutrition so that they could make informed decisions.
As I said, Durk and Sandy were not merely prodigious scientists, they made a “foundational” mark in the area of Law working with attorney Jonathan Emord – so much so that Emord still teaches yearly classes in Ivy League schools like Georgetown Law School on the cases that Durk and Sandy won.
The most famous case, of course, was when they took on the FDA and won (Pearson vs. Shalala, 1999) regarding what could or could not be said to inform consumers about the value of supplements.
Their position was that Americans have a constitutional right to receive and share truthful scientific information about nutrition, dietary supplements, and health.
They argued that government agencies should not prevent the dissemination of non-misleading scientific information simply because it relates to health products.
In this case, Durk and Sandy challenged the FDA's refusal to allow certain health claims for dietary supplements.
The court held that the FDA should consider the use of disclaimers rather than outright banning potentially truthful claims. The case became an important milestone in the development of "qualified health claims" for dietary supplements.
Why did this matter? Control.
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I have written about this issue before, but with the midterms approaching, I thought it bears repeating. It’s so very, very important.
I think after 60 years of affirmative action, DEI, racial essentialism, and racial fixation—especially in the United States, but also throughout the Western world, in Europe, Australia, and the former British Commonwealth—we are seeing the consequences.