Big Pharma lost another big battle last week.
Everybody in North America knows that both the US FDA, and Health Canada, are owned and operated as private corporations by the pharmaceutical cartel. Nobody evens tries to hide that fact. Nobody even argues against it.
Opinion by Consumer Advocate Tim Bolen
But there’s a counter movement afoot, in both Canada and the USA, to take back ownership of the government agencies we created for our purposes. Part of that movement, is the organized campaign to rein in both Health Canada, and the FDA’s “self-assigned” authority. One of those projects paid off, handsomely, last week in a Kamloops, British Columbia, Canada, Court when the Court dismissed the last of 219 trumped-up “criminal charges” files by Health Canada against Strauss Herbs.
Complete Vindication for Strauss Herb Company
Kamloops BC (September 20)- In a stunning victory the Strauss Herb Company of Kamloops BC was found not guilty of all charges in Kamloops provincial court Monday. In dismissing the 50 remaining charges of the original 73 count Health Canada alleged violations , the judge noted the Crown didn’t have any evidence to back up their charges. Previously the Crown had stayed 23 charges which were being challenged constitutionally and all 73 counts against company president Peter Strauss and all 73 counts against the retired founder of the company Jim Strauss Sr.
This came as no surprise says the Strauss Herb Company and their lawyer Shawn Buckley. There was never a question of the products being compliant Buckley says. Strauss general manager Jim Strausz Jr. says he has always felt the charges, which were laid in January of 2003 during the first Strauss Canada Cup of Curling, were filed to try and embarrass the firm during it’s first national-profile sponsorship. “The fact that Health Canada sat on the file for nearly two years and did nothing, and then laid charges when they did speaks volumes about the moral compass some Health Canada employees follow,” says Strausz. “This action was initiated to smear and defame Strauss Herbs, not to benefit or protect the health of Canadians. If it cost us half a million to defend ourselves from these slanderous lies how many scarce health dollars did Health Canada waste in this utterly failed prosecution?”
Buckley says that had the judge not accepted his “no evidence motion” filed after the Crown presented its case on July 16th and dismissed the charges, he was prepared to argue the merits of the case and was certain he would have prevailed. “The company was always in compliance,” he says. “It’s funny that the Crown offered a ‘deal’ early on in the proceedings and Strauss Herb Company could have ‘copped a plea’ and paid a $500 fine and moved on.”
Instead, based on the values the company believes in and the moral stance of the owner , nearly half a million dollars was invested to prove a point of honour and prepare a constitutional defence. That point being Strauss Herb Company believes in their products and their right to honestly promote their benefits.
From a lawyer’s perspective Buckley says he was disappointed the Crown stayed the charges relating to advertising. “The Charter of Rights and Freedom arguments are very compelling that the government has no basis to restrict free speech and in fact Sections 3.1 and 3.2 of the Food and Drug Act are wholly unsupportable in law.” Buckley says he feels the Crown feared to “go there” because had his arguments prevailed the legislation would have been struck down.
“The good news is we are still in business and we are still making and selling the products hundreds of thousands of people have come to rely on to maintain and improve their health,” says Strausz. “The bad news is that our good name has been harmed and we have lost many millions of dollars in sales as people were scared off by bogus claims of fraud leveled by a government organization they thought they could trust and was working in their best interests.” It appears that is not the case.
We are now considering what legal remedies are available to us to recoup our losses, ” says Strausz. “In the meantime it is back to business as usual.”
Media inquiries may be addressed to: Jim Strausz at 1-866 478 2873
Certain “quackbusters” operating in Canada, have been “mouthing off” about Strauss Herbs, for some time. I know that Strauss is looking hard at legal action – and is looking in their direction. Does Canada have the equivalent of the USA’s “RICO Act,” as in “RICO lawsuit?” If they do, now would be a good time to activate it….
I’d say, right now, to the “quackbusters,” that it was NOT a good idea to have “stalked” Strauss Herbs
Stay tuned…
Tim Bolen – Consumer Advocate