Native Essence Herb Company Sues the Federal Trade Commission
In a precedent setting case, the Federal Trade Commission (FTC) is being sued by Native Essence Herb Company and its owners, Mark and Marianne Hershieser. A New Mexico herb company, Native Essence, says that the First Amendment gives it the right to tell customers the historical use of herbs in treating serious diseases. The FTC states that this practice violates its guidelines.
The issue is now headed toward court according to attorney Richard Jaffe, Esq., a leading health care attorney who is also the author of “Galileo’s Lawyer”, an insider’s look into the battles between the government and complementary medicine.
The company owner, Mark Hershieser, wants to post historical use information on his website and he wants the courts to allow that right. Most of the information posted has been taken from federal government websites, ironically.
According to Jaffe “this issue has never been litigated; it not only affects the Hershiers, but all companies which sell herbal products”.
In April 2008, the FTC told the herb company that their website contained false and misleading information, including claims that some of the listed herbs have been used for hundreds or thousands of years by Native Americans and other cultures. It may be noted that there have been no complaints filed against the company, yet the FTC proceeded to threaten to file an injunction action against the company.
Although Native Essence has removed that information from their website, the company owners have not settled their case with FTC. Rather they have decided to file suit to overturn the FTC’s advertising guidelines and seek a judicial ruling allowing seller’s of herbal remedies to provide consumers with information found on government websites and other legitimate sources.
Source: Law Offices of Richard Jaffe
Kathy Shattler received her Master of Science degree from Michigan State University in E. Lansing Michigan in Human Nutrition. Her twenty-two years of practice includes holding positions as a Lecturer, Chief Clinical Dietitian and Program Manager. Kathy is the Founder of Nutri-Care Consulting and is currently the Nutrition Director of www.CEU4U.COM, an online continuing education management company for Registered Dietitians and Dietetic Technicians.
