Originally published November 21 2008
Colloidal Silver Company's Fight for Health Freedom: An Interview With Ben Taylor (Part IV)
by Kira Adler
(NaturalNews) Utopia Silver Supplements is a colloidal silver company based out of Utopia, Texas. This natural supplement company has been battling the FDA for 5 years. In this exclusive interview, Ben Taylor, Utopia Silver Supplement Company owner, discusses his fight to defend the company and the principles of health freedom that this country was founded on. In Part 3, Ben discussed how he armed himself with the truth and faced the FDA head-on in court. In this final article in the series, Ben continues with the journey of how he fought the FDA and won the right to keep his supplement company in business as well as his explanation of where he sees this type of legal tyranny, in regards to health freedom, leading.
A Little Background of FDA Regulation In Regards to Natural Health Companies
For the past decade, the FDA has unfairly targeted small natural health companies with the intent to shut them down. Because of this country`s health freedom laws, at least on paper, the FDA can`t close them down outright so they`ve been using their legal weight to bring court cases against these supplement companies with the hope that the legal system will rule against them. Then fear mongering is conducted by the mainstream media to make examples out of these cases. A common tactic is to try to "nab" the supplement company by punishing them for publishing health claims and testimonials of the effectiveness of their products. These health claims may very well be backed up by scientific studies and research, but it doesn`t matter to the FDA. A common target is natural health companies that sell colloidal silver products. This may be because of the competition that these silver products pose to pharmaceutical antibiotics.
Kira: You're a very brave person then because you were dealing with this concept and knowledge for the first time and you really didn't know what the outcome would be.
Ben: I wouldn't claim to be any braver than anyone else; you just do what has to be done when you're backed into a corner. Although I had prior knowledge of the nature of this legal system that has progressively subverted our Rights as a free People, I had absolutely no courtroom experience and certainly didn't understand the depth of their corruption.
Even now I'm still not certain about the outcome. I'm not naïve enough to think that they have forgotten all about me; they could come after me tomorrow with a SWAT team. And one point they did come out with armed state troopers.
Kira: They did? How do you defend yourself against that?
Ben: What they did was send out a TDH (Texas Department of Health) inspector and an investigator, and two armed state troopers. They demanded that I turn over all of my vendor and customer records. The investigator showed me what he called a warrant which I read it and then demanded to see the affidavit (which was not attached as referenced in the warrant) which is required to get a judge's signature. The TDH investigator got very aggressive and forceful with me and threatened to arrest me if I didn't start getting the records together for him to take. He told me if I wanted to see any affidavits, I could go to Austin (the State capital) and see them. So what I did was get on the phone and called a retired lawyer and now rancher friend. He told me to immediately call the Sheriff, which I started doing. Well, when I started calling the sheriff, the two state troopers and the TDH officers hightailed it out of my business like jackrabbits in a brush fire.
Kira: So they knew that this was just an intimidation ploy...
Ben: Yes, of course, but I didn't know it at first because they were acting with all the 'authority' that you would expect to see in so-called 'officers of the law'. But, it was an act and a very valuable lesson for the future- they are taught to act 'with authority' and that is a key to remember when standing against this system especially in court.
Here's what's interesting about law enforcement agencies, the County Sheriff in most if not all States is the only constitutional law enforcement agent and no other state or federal law enforcement can operate in that county without the permission of the Sheriff. The IRS, the FDA, no one can come into a county without the Sheriff's permission.
Kira: Going back to the trial date... when they were trying to get you to accept your trial date, did you understand the ramifications of accepting the court's jurisdiction?
Ben: By that time, I knew that was a key element in this legal system being able to proceed, but for me it was more a matter of having decided that our Rights secured by the Constitutions for Texas and the United States of America either meant something or they didn't, so I was simply doing what I believed to be right. The judge was putting a lot of pressure on me, with very stern and intimidating manner and even armed officers at the courtroom door, to accept a trial date. I had also been threatened with contempt of court, but I still didn't agree. I told him instead that if there was a trial and if I attended that trial, it would be, "only for the purpose of asserting my God-given unalienable Rights as secured by our Organic Law", not to defend myself against bogus speech crimes against the state.
Kira: After the judge told you "this system operates on fear, you're not afraid and that is a problem for us", was this the last time that you heard from them?
Ben: No, we had two or three more hearings after that but it was the last time that the chief judge was directly involved; another judge was assigned to the case after that. For the last few hearings, they changed their tactic; instead of gruff, stern male judges, they assigned the case to a young and very nice looking female State District judge with a very engaging and much gentler personality. When the change was made, I told Al Adask, "They haven't been successful with mean, stern male judges, so now they're trying to seduce us with sex." She was the last judge assigned to the case to date, for those last hearings.
It was at the last one where they had the hearing specifically to decide whether or not we could enter the court by Special Appearance (denying and challenging their jurisdiction) versus a General Appearance (under their jurisdiction). The judge ended the hearing without making a ruling and stated that she was going to take it under advisement and inform both parties when she had made a decision. A few days later the judge e-mailed a court order denying my Special Appearances and stating that there would be another hearing to set a date for depositions under oath as well as an order for me to cease and desist in my challenge of court and TDH/FDA agency authority. (By the way, we learned in documents released by the Attorney General in our filing of PIARs (Public Information Act Requests) that the Texas Dept. of Health officers, as well as the prosecuting Assistant Attorney General are commissioned officers of the FDA- clear violations of the separation and division of powers mandated by both state and national Constitutions.)
Kira: And how did you respond to that (the judges orders)?
Ben: I immediately sent her a letter stating that I an e-mail was not a proper method of issuing a lawful court order and in a few days, I received another copy of the court order via United States mail. Then I filed what's called a "Notice of Insufficient Process".
Kira: Okay, so what is that?
Ben: There are certain procedures that the 'system's' own rules say they must follow to issue 'legitimate' court orders and they didn't follow this process so I sent them that notice coupled with a demand that the Court, the Attorney General, and the TDH/FDA cease and desist all their fraudulent activity. It's been a little over eleven months since I heard from them, except a notice that the prosecuting Assistant Attorney General was no longer on the case. Before that the TDH/FDA officer in charge of the case also resigned.
Kira: So what do you think is the purpose of all this? Was it to stop you from publishing your testimonials or was it to have you give up your company?
Ben: I believe they wanted to shut the company down because the attorney general told me in one of the meetings with the judge that this was a test case for the country. He had previously told another of the 'defendants' that their intent was to shut down Utopia Silver.
Kira: Where do you see this country going in regards to regulating supplements?
Ben: I think what they are trying to do is put us under an international treaty that will completely strip every right that we have to determine our own health care and even what vitamins and minerals we can take. Codex Alimentarius is one of those that treaties, if not 'The Treaty". I'm no expert on it but from what I have read and heard, that treaty completely undermines everything we do with supplements and the only supplements that would be available under this Treaty would eventually be by doctor's prescription and they'll be in such small quantities that they won't even be effective, on top of the fact that they'll all be synthetic supplements patented by the drug company thugs.
Kira: Do you think that the purpose for this is just for corporate profit or for something bigger?
Ben: I think it's for both money and control of the people, especially for those of us who still believe that we have an inherent God-given Right to determine our own means of healthcare. The Pharma-Industrial Complex (medical, drug companies, and mainstream medicine) are out there to grab as much control as possible, and I think it is a part of this world federalism movement toward a global government. I think it's obvious with treaty after treaty that attempts to diminish our National sovereignty, of which Codex is simply one example.
Kira: So do you think that this course can be changed? And if so, what do you think people can do about it?
Ben: I believe there is reason for optimism, but I do tend to get a little pessimistic, especially since September 11, 2001. I've seen more people who I thought believed in freedom willing to lay down all their rights for a little bit of 'false' security. In my opinion the whole Patriot Act is a travesty, but it wouldn't take very many of us who understand the truth to change this system back to what it is supposed to be, ..to what our founders meant it to be.
Kira: And where do you see Congress standing in all of this? Do you see them being ignorant to a lot of this?
Ben: Some of them may be ignorant of the truth, but I think there are some that know exactly what's going on and frankly they may be afraid to stand up. If you're in a high government position and you buck the system, you and your family's lives could be at stake, literally. …But, I believe that if you want to keep your Rights as free Men and Women, you've got to exercise them. It's a matter of, if you don't use them, you will lose them.
Kira: Is there anything you'd like to add in closing?
Ben: I would like to add a thought or two. We have a number of Supreme Court cases that say that a right cannot be turned into a privilege by statute or anything else. I have an article on my website entitled A Memorandum of Law that cites many of these cases. They basically say that the government cannot turn inherent Rights into privileges that can be licensed or regulated. In fact, in one of the cases it says that if there is a statute or law passed by our legislators that violates a right, you then have the right to ignore that law or statute …and that's what I think we must do.
We must peacefully resist and if enough of us do that, they simply will be unable to stand against us. It is absolutely essential that we stand against their attempts to steal our God-given Rights and refuse to enter into contract with them by taking their licenses. Just say "no" because if we don't, through their unrelenting incrementalism, we will be a nation of serfs and servants instead of a nation of free people. As far as health care goes, I believe this Pharma-Industrial Complex wants us all to be on drugs of one kind or another and to accomplish this; they must control our access to natural and alternative healthcare choices. If they have their way, people such as Mike Adams, Natural News writers such as you, and supplement providers such as I, won't be able to get on the Internet and give our opinions about how to maintain good health and how to prevent disease by healthy living and supplementation. There is a lot at stake here.
Kira: Ben, thank you very much for sharing your experience regarding your court battle with the FDA and the TDH. It's a very inspiring and informational interview that will get a lot of Natural News readers thinking and hopefully researching the steps that has brought the U.S. to where it is today. Because of the internet, more and more information is becoming public what was previously restricted to an elite few. I wish you and your company, Utopia Silver, well and many years of remaining in business.
To learn more about Ben Taylor`s fight for health freedom and about colloidal silver products, please visit (http://utopiasilver.com/) . You can read a review about Utopia Silver`s Colloidal Gold and Colloidal Silver Skin and Scalp Bar Soaps, written by Aria Milan, here (http://www.naturalnews.com/024713.html) . Any purchase made from Utopia Silver strengthens this natural health company`s resolve to stand up to the tyranny inflicted by the FDA.
Ben has set up a special discount just for Natural News readers: With the purchase of Advanced Colloidal Silver and both of the colloidal silver and colloidal gold soap bars, the buyer will receive an extra bottle of colloidal silver and a bottle of colloidal gold (a $48 value). In other words, for $35.90 plus shipping, the purchaser will also get $83.90 worth of products. Plus, Utopia Silver has created a discount code just for Natural News readers which will give them a 15% discount on any items not on sale -- this deal doesn`t expire. To take advantage of this special offer, go to (http://www.utopiasilver.com/naturalnews.htm) . Copy this discount code for any additional or future orders: NN001.
About the authorKira is a freelance writer and journalist always interested in getting to the truth. She enjoys being outdoors and living a natural lifestyle. Kira's hobbies include hiking, swimming, and internatinal travel.
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