Protest FDA questionably legal action

  • by: Rt. Rev. Dr. Adrian G. Tremayne, DD - a Concerned Citizen
  • recipient:  House Subcommittee on Health,  Senate Subcommittee on Labor, Health and Human Services, Education, and Related Agencies   Dr. Margaret Hamburg, M.D. - Commissioner of Food and Drugs   Mr. Barak Obama - President of the
Back in October 2010, the FDA sent a warning letter to Jim Cole, Founder and CEO of Maxam, notifying him that several of his products were not in compliance with the US Food, Drug and Cosmetic Act.  He was told he was using "unapproved labels" which rendered his products "drugs".  The vast majority of the "labels" weren't labels at all, but testimonials from satisfied customers accumulated over the years and posted on the company's website alongside product descriptions.  He had 15 days to respond to the letter, and did so within 2 days, telling the FDA he would come into "full compliance" with the law.  He hired a lawyer, and changed the website to comply with the FDA's demands.

On Thursday, April 14, 2011, the FDA, IRS and FBI conducted a full-scale raid on Hood River, Ore.-based Maxam Nutraceutics, complete with bullet-proof vests and armament.  They invaded the company headquarters, the company's "Big Gym" training center, and Jim's daughter's house in order to confiscate all the products, company documents, and even personal files and computers.  They brought 3 moving vans to carry what they took.

When a company in the United States, which has complied with all the demands of the regulatory agency which is charged with oversight, can be invaded by armed agents of several different agencies and have their company stolen out from under their feet, there is something definitely wrong with the way our government is conducting its business.  This is NOT a way to create jobs and revitalize the economy.  These agencies need to be investigated themselves to be sure they are complying with the laws and not just terrorizing innocent businesses to suit covert agendas. 
We, the undersigned, have become aware of a situation involving Maxam Nutraceutics and the Food and Drug Administration.

Maxam Nutraceutics received  Warning Letter SEA 11-01 from the FDA on October 12, 2010, regarding their marketing of some of their products.  Maxam responded promptly as requested in the letter, and changed their marketing to comply with the demands in the Warning Letter with the assistance of an attorney, and an FDA copyright person.

On April, 14, 2011, FDA agents, accompanied by IRS agents and FBI agents, many armed and wearing bullet-proof vests, raided Maxam's premises, including their "Big Gym" training center, and confiscated all company products, files, and even personal files and computers.  The home of the CEO's daughter was also invaded and many items confiscated.  Jim Cole, Founder and CEO of Maxam alleges theft of items not discussed in the Warning Letter, destruction of property, and theft of unused office supplies.

We respectfully request these actions by the federal agencies involved be investigated promptly and thoroughly to determine the justifications and appropriateness of these activities.

Thank you for your time and attention to this disturbing matter.
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