Saturday, September 29, 2007

A Trial Down in Texas Moves Closer

EDIT: This was originally reported as the beginning date for the trial. Actually this is a hearing that is another step towards trial.

The good news is that there is more time to organize support, the bad news is that the State appears determined to go forward with their actions.

The story has been edited to reflect this correction.

A Trial Down in Texas Moves Closer

The dietary supplement complaint against Utopia Silver owner Ben Taylor appears headed towards an inevitable trial and the next step in the process, a hearing to determine interrogatories, discovery, inspection and sanctions is set to for this coming Wednesday, October 3rd in the 200th District Court, Judge Triana, at the Travis County Courthouse in Austin.

For a bit of background on this looming trial, go to:

As many of you may already know, much more than just a trial for one individual and company may be at stake here. In the end, the outcome may have implications for everyone's freedom to obtain supplements and information. Or to sell supplements and provide information.

At the last meeting before a judge in Austin, the judge threatened that he was going to set a trial date and tried to first intimidate and then coerce Ben Taylor to agree to a trial. Mr. Taylor refused to agree, since in doing so he would be in effect entering into a contract to agree to the court's jurisdiction. At one point a bailiff was summoned with the clear implication that Mr. Taylor might be arrested if he failed to agree. When he did not do so, the judge finally commented "Mr. Taylor we have a problem here - this system operates under fear and you don't appear to have any."

Instead of setting a trial, a hearing was set to determine a date for interrogatories and discovery as well as inspections and sanctions - all of which are slippery grounds and the next step towards a trial, which appears inevitable unless Mr. Taylor agrees to knuckle under, something he has assured he will not do.

Although this march towards a trial is at the behest of the State of Texas, it began with an email complaint to the State Attorney General's office from the FDA, and Taylor has been told that his company has been singled out as a test case to see how far they can go in restricting information on dietary supplement websites.

At one time, Utopia Silver (a new CureZone sponsor) was one of the largest, if not the largest, suppliers of colloidal silver in the United States and has a proprietary method of making what many consider to be the best colloidal silver available. It is no secret that the FDA has targeted colloidal silver, which is a safe, effective, natural and inexpensive pathogen destroyer - four common traits of dietary supplements that come under FDA attack. It is also more than ironic that the FDA at one time had approved 34 different prescribed and OTC medications containing silver, but withdrew approval at about the same time antibiotics came on the market and methods of making colloidal silver at home were devised. Coincidence?

The state hearings and likely trial are purportedly about licensing and inspections, but the FDA complaint was centered around the publication of voluntary customer testimonials which the FDA considers to be health claims that enable them to label Colloidal Silver and other Utopia Silver dietary supplements as drugs.

Utopia Silver has obtained documents which show that the state health and AG employees are also "Commissioned Officers" of the FDA - an apparent violation of the separation of state and federal powers. It is Utopia Silver's contention that the actions to restrict them are unconstitutional restraints on the freedom of commercial speech (as borne out by previous Supreme Court decisions) and further contends that there is no constitutional jurisdiction for the state agencies, who are actually for-profit corporations (as listed by Dun and Bradstreet) disguised as a constitutional entity.

Utopia Silver believes that there is no constitutional provision to require them to submit to what amounts to a commercial contract with the STATE OF TEXAS, a corporation acting under the color of law, but not under the state or federal constitutions, and not in accordance with the unalienable rights clearly declared by our forefathers when this country was founded.

I will be writing and releasing a more detailed story soon. In the meanwhile, I ask all of you that are concerned about health freedoms and the steady erosion of our rights and freedoms in general to stay tuned.

Live long, live healthy, live happy! And live free!

Tony Isaacs

Please be sure and visit The Best Years in Life

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