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If you've been following the debate over the FDA's new CAM Guidelines (click here for latest update) that threaten to destroy natural medicine by regulating herbs, supplements and even vegetable juices as "unapproved drugs," you've no doubt heard the opposing opinion by some natural health commentators who claim the guidelines say nothing new. Some are even saying the CAM Guidelines are a "non issue" and represent "no big deal."
As much as I appreciate the efforts and comments of others in the natural health world, I strongly disagree with their assessment on the CAM Guidelines. Here's why: Their assessment of the threat of the CAM Guidelines is based on a fatal flaw -- the assumption that the FDA will only look at these guidelines as a theoretical document and not take direct action on them. And as we've all seen, once guidelines are translated into action by any governmental organization, they immediately undergo an expansion that takes their application far beyond whatever original intent was written in the document.
For example, when the RICO Act was initially passed (Racketeer Influenced and Corrupt Organization Act) in 1970, lawmakers insisted it would only apply to organized crime gangs. You know: mob bosses and their henchmen. But guess what? The term "Corrupt Organization" has been expanded to mean almost anything, and now the RICO Act is being applied against corporations, industry trade groups and even police departments! (Deservedly so, no doubt, but still far outside the original idea of the law.)
When the Patriot Act was frantically passed by a terrified nation in 2001, it was loudly proclaimed the Act would only target "terrorists." But guess what? The Patriot Act has been used against American citizens engaging in petty crimes. It has even been used to label animal rights activists "terrorists" for merely attending meetings that sought to free animals from corporate torture experiments (testing cosmetics, chemicals and the like).
I'm fairly certain that when lawmakers signed the Patriot Act, they weren't thinking of abortion rights protestors and animal rights activists, but laws have a way of expanding their scope far beyond their original intent. Thanks to the Patriot Act, the very act of sitting in a room with a friend and discussing the evils of the American government can get you labeled a terrorist engaged in a conspiracy (if anyone happens to be listening, of course).
Now let's consider the FDA's CAM Guidelines in which the agency states it could regulate vegetable juice as a drug as long as the juice is sold with the intent to improve health. The document specifically mentions massage oils and herbs as being subject to regulation, too. If this becomes adopted as the primary regulatory philosophy by the agency, the application of this thinking will inevitably expand.
Today, the FDA says it won't be attacking natural health clinics, breaking down doors with armed agents and arresting the healers inside. The quiet, behind-closed-doors practice of using medicinal herbs, homeopathic remedies, nutritional supplements or even Bach Flower Remedies will be tolerated... for now.
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