The FTC and FDA deprive consumers of vital health information.

• Author: Emord, Jonathan W.
• Position: Medicine & Health

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MOST CONSUMERS are unaware that the Federal government imposes a complete blanket of censorship over health claims in the food and dietary supplement markets. Raised to believe that the First Amendment protects the right to communicate truthful information without the need for government preapproval, those ignorant of this censorship often are shocked when they learn that governmental agencies prosecute parties for making demonstrably true claims and dumb down the food and dietary supplement markets so Americans will not be privy to information concerning the therapeutic effects of foods and nutrients.

The FDA prohibits with an absolute prior restraint every claim that a food or dietary supplement treats a disease, even if that claim is supported by scientific evidence. The FDA enforces a claim monopoly that gives the pharmaceutical industry an exclusive right to make disease treatment claims. If, for instance, a seller of prune juice were to place on the label of its products that the drink may relieve chronic constipation, that claim (undoubtedly true) would cause the FDA to deem all of that seller's prune juice illegal, unapproved new drugs; to seize them; and to prosecute the offender criminally and civilly, inviting incarceration for as much as a life term. In short, under FDA's regime, the truth will not set you free--it will put you in jail.

This reality did not sit well with farmers who sell tart cherries in Michigan and Wisconsin. In 1999, those farmers received word from scientists at Michigan State University that anthocyanins in tart cherries potentially were effective treatments for arthritis. Researchers at the National Safety and Toxicology Center at MSU commenced a cherry research project, culminating in findings that tart cherry anthocyanins were more powerful anti-inflammatory agents than aspirin in the treatment of arthritis. Some 20 cherries were found to provide 25 milligrams of anthocyanins, which were associated with a reduction in enzymes that cause tissue inflammation. In particular, tart cherry anthocyanins were found to inhibit COX-1 and COX-2 enzymes, intimately associated with the production of prostaglandins, which contribute to inflammation.

What a magnificent discovery this was. There appeared to be promise, albeit not conclusive proof, that ingestion of tart cherries and tart cherry juice could lessen reliance on nonsteroidal anti-inflammatory drugs for those suffering from arthritis. NSAIDs have taken it on the chin for years, and deservedly so, for mounting adverse effects associated with their long-term use. Chronic consumption of NSAIDs (such as aspirin, ibuprofen, and naproxen), particularly at high doses, has been linked to an increased risk of ulcer perforation, upper gastrointestinal bleeding, and death. Taken over time, high-dose NSAIDs can increase the risk of heart failure and heart attack. Consequently, one would think the world would rejoice if it were possible to relieve arthritis pain with something that can be consumed safely by all: tart cherries and tart cherry juice.

Not so at the FDA. Word that cherry...