Rock Creek Pharmaceuticals Inc. (fka RCPIQ)

[leifsmith]

Some years ago preventable birth defects may have occurred because the FDA attempted to criminalize the printing of this truth: folic acid may help to prevent birth defects, on the label of bottles of folic acid.

For details, see the website of Jonathan Emord, the cases labeled Pearson v. Shalala.

"He [Emord] practices food and drug law, deceptive advertising law, and libel law, and he served as lead counsel in the Pearson v. Shalala (D.C. Cir. 1999); Pearson v. Shalala (D.D.C. 2001); Pearson v. Thompson (D.D.C. 2001); Whitaker v. Thompson (D.D.C. 2002); and Alliance for Natural Health v. Sebelius (D.D.C. 2010) cases, holding FDA censorship of nutrient-disease relationship claims unconstitutional."

These trials resulted in one of the most sound defeats ever dealt the FDA. As a result, this fact may now appear on bottles of folic acid: that use of it may prevent birth defects.

From Emord's site:

Pearson v. Shalala, 164 F.3d 650 (D.C. Cir. 1999), rehearing den., 172 F.3d 72 (D.C. Cir. 1999) (“Pearson I”)
In the landmark Court of Appeals decision, Pearson I, Emord & Associates filed suit on behalf of Durk Pearson; Sandy Shaw; American Preventative Medical Association; and Citizens for Health against the FDA, challenging the First Amendment validity of FDA regulations that censored four of the plaintiffs’ health claims (folic acid/neural tube defect risk reduction; antioxidant vitamins/cancer risk reduction; omega-3 fatty acids/coronary heart disease risk reduction; and fiber and colorectal cancer risk reduction) despite scientific evidence supporting them. The court held that under the First Amendment FDA may not ban health claims simply because scientific literature is inconclusive, and it stated that when health claims are only potentially misleading, FDA is obliged to rely on succinct and accurate qualifications as a less speech restrictive alternative to an outright ban. The court held that the FDA acted arbitrarily and capriciously by failing to adequately define its standard of review.

Cases, with full detail, may be accessed from Emord's site.