Chapter Twenty-Two
THE ARSENAL OF COMPLIANCE
Government harassment
of the nutrition and vitamin industry; the role played by the media
in discrediting Laetrile in the public mind; and a comparison of the
cost of Laetrile therapy with that of orthodox cancer treatments. |
Government harassment of the nutrition and vitamin industry; the
role of the media in discrediting Laetrile in the public mind; and a
comparison of the cost of Laetrile therapy with that of orthodox
cancer treatments.
As touched upon briefly in the preceding chapter, one of the
principal weapons in the FDA's arsenal of compliance is the press
release and the pre-arranged news coverage of raids and arrests.
Trial by public opinion can have far more consequence than trial by
jury. The defendant, even if innocent of the charges against him - or,
more likely, even if guilty of the charges per se but innocent of
any real wrong-doing - will forever carry the stigma of suspected
guilt in the eyes of the public.
Basically, this is the rationale behind the "cyanide scare"
publicity given to Laetrile and apricot kernels. The honest
scientific verdict is that these substances are more safe than most
over-the-counter drugs. Yet, the public knows only that they have
been labeled as "dangerous," and that those who promote their use
are not to be trusted.
The media have been eager to cooperate in this venture. The reason
is not that the major news outlets are controlled by the same
finpols who dominate the federal government - true though that may
be - it merely is due to the fact that newsmen, like almost everyone
else, do not like to work more than they have to and, consequently,
are inclined to accept ready-made stories with a minimum of
independent research - plus the fact that most of them have never had
any reason to question the expertise or the integrity of FDA
spokesmen. In other words, like the rest of the population, most
newsmen still have a lot to learn about the inherent qualities of
big government.
The result of this
reality is that the press and electronic media have, for all
practical purposes, become the propaganda arm of the FDA.
Serving in this capacity, they become an inexhaustible source of
slanted or biased news stories, of which the following are typical:
Mrs. Mary Whelchel had operated a boarding house on the American
side of the Mexican boundary near San Diego for the use of cancer
patients under the care of Dr. Contreras. To her it was more of a
mercy mission than it was a commercial enterprise. Yet, in February
of 1971, she was arrested and thrown in jail because she had
provided Laetrile for her boarders.
Shortly after her release, Mrs. Whelchel wrote an open letter for
publication in the Cancer News Journal.
Here, in her own words, is
what happened:
Dear Friends,
Most of you will know by the time this letter reaches you that on
Feb. 25, 1971 at 12:30 P.M., Charles Duggie (California Food and
Drug Officer), Fred Vogt (San Diego D.A. Office), Frances Holway
(San Diego police matron), and John McDonald (Imperial Beach Police)
came to my home and arrested me for "selling, giving away and
distributing" Laetrile as a CURE for cancer.
I was also accused of spreading "propaganda" to people to get them
to go to Mexican doctors instead of their medical advisors in the
States... I was told they had papers to "search and seize" and that
I was under arrest. They proceeded to go through my house like a
tornado. Everything was removed from my files, desk and shelves,
including checks, personal letters, receipts and books. One word
covers it - EVERYTHING!
Finally, at 4:00 P.M. I was taken to the county jail to be booked
and mugged... I was put in the "drunk tank," and there I
stayed...
As I sat in that horrible jail and looked around at the four barren
walls, and the drunks, prostitutes, dope addicts - plus it had no
windows, and mattresses were thrown helter-skelter on the floor - I
had time to reflect over the past eight years. At first I asked
myself: "How and why did I get here?" I was panic stricken! For a
person who has never broken the law, outside of a traffic ticket or
two, in a lifetime - here I was in jail!
It is terribly frightening. You are cut completely off from
civilization it seems. No way to contact a soul! Other than the call
to my sons, I had no way of knowing if anything was being done to
get me out. I was not allowed to talk to anyone but the inmates.
Most of them were too drunk or high to understand a word. As time
passed (there are no clocks) and no word came from the outside, I
felt like the forgotten man; in my case, the forgotten woman!
I believe in Laetrile wholeheartedly. I believe with all my heart
that it is the answer to the control of cancer. After living
twenty-four hours a day for eight years with cancer patients, how
could there be a single doubt? I came up with my answer.
Yes, it has
been worth every minute of it, and regardless of how the trial comes
out, I want to say now, for the record, I would do the same thing,
the very same thing all over again.(1)
For comparison, let us see how this incident was treated in the
press. All across the country, newspapers picked up the story as it
first had been planted in The New York Times. Headlines screamed:
CANCER CLINIC RING SEIZED IN CALIFORNIA.
The public was led to
believe that the FDA had launched a daring raid on one of the most
dangerous and despicable criminals of the twentieth century
smuggling "illicit drugs" into the country and preying upon
innocent, helpless, and desperate cancer victims.
It said:
California food and drug agents moved this week to break up what
they described as an "underground railroad" that has been
transporting cancer victims into Mexico for treatment with a drug
that is banned in the United States and Canada.
Charges of criminal conspiracy and fraud were lodged against Mrs.
Mary C. Whelchel whose boarding house has been a haven for cancer
patients from all parts of the United States en route to Mexico for
treatment with the so-called wonder drug...
The Mexican authorities are also looking into the operation of the
cancer clinics.(2)
1. Cancer News Journal, Jan./Apr., 1971, p. 14.
2. "Cancer Clinic Ring Seized in California," New York Times
Service, The Arizona Republic, Feb. 28, 1971, p. 24-A.
"CLINIC RING," indeed!
Most local police departments are pushovers for the FDA quacks. They
usually accept FDA pronouncements at face value. Consequently, they
can be counted on to cooperate fully in any investigation or arrest.
Sometimes, a police investigator, without realizing that he has been
deceived by FDA propaganda, concludes that Laetrile "smugglers" are
really no different from dope pushers dealing in heroin. When such
lawmen are interviewed by the press, they become highly quotable and
helpful to the FDA.
The following news article from the Seattle Post-Intelligence is a
classic example:
Bellevue - At least five Washington residents including two doctors
have been linked with sales of an illegal anti-cancer drug known as
Laetrile, a result of a month long investigation by Bellevue police,
the P-I has learned.
Detectives conducting the probe yesterday said they may have only
scratched the surface of a drug sales operation covering several
states and Mexico...
Two motives appear to exist for those advocating Laetrile, according
to Bellevue detective Bill Ellis, heading the investigation.
"Some
of those involved may believe that the drug actually works to cure
or halt the progress of cancer," Ellis said.
"But we can't rule out the profit motive," he added. "There is a lot
of money to be made selling this drug."...
"Every indication is that
patients are required to stay on the
drug for life," Ellis said. "This makes an ideal situation for a
bunco artist, preying on desperate people who feel they have nothing
to lose."
Police also are concerned that those touting Laetrile for the profit
motive may find it just as lucrative and as simple to import other
drugs including heroin.
"If a person can successfully smuggle one illegal drug into the
U.S. in substantial quantities, what is to prevent them from
diversifying," Ellis posed.(1)
The heavy hand of FDA propaganda is evident in this "news" story,
and it is likely that neither detective Ellis nor the reporter are
aware that they had become victimized by real bunco artists of the
first order.
Aside from the innuendo about Laetrile advocates "possibly"
smuggling heroin (there never has been even a shred of evidence to
justify that suspicion), one of the favorite PDA lines is that those
who distribute Laetrile are making exorbitant profits.
The
California Department of Public Health, in its publication The
Cancer Law, claimed that essentially the same material as Laetrile
could be purchased much cheaper under the commercial name of Amygdalin, and the American Cancer Society has said that Laetrile
used in an injection costs only ten to fifteen cents.(2)
1. "Five Linked to sale of Illegal Cancer Drug," Seattle
Post-Intelligence, Dec. 21, 1972, pp. 1, 5.
2. ACS quoted in "Cancer Relief or Quackery?" Washington Post, May
26,1974, pp.Cl, C4.
Let us examine the facts. The cost to an American physician for one
gram of injectible Laetrile in 1974 (the time of this allegation)
was approximately $4,
and the cost to the patient was between $9 and $16 - which made it
just about the cheapest injection in the doctor's office.
Perhaps the biggest factor influencing the price of Laetrile,
however, is that the government has made it illegal to use as an
anti-cancer agent. This has forced the source of supply into a
black-market operation which, because of the need for secrecy and
the possibility of arrest, fines, or imprisonment, always inflates
the price of a commodity to cover the expense of smuggling and to
compensate for the risk. If the government would remove its legal
restraints, Laetrile could be manufactured and sold in the United
States by mass-production techniques which, in a short time, would
bring its price down to less than one-third of its present level.
And speaking of exorbitant costs and profits, why doesn't the FDA
concern itself over these matters within the field of orthodox
medicine?
In an article in the San Francisco Chronicle entitled "Beware the
Quick Cancer Cure," Dr. Ralph Weilerstein of the California FDA's
Advisory Council expressed shock and concern over the fact that a
typical thirty-day Laetrile treatment in Mexico may cost a patient
between one-thousand and two-thousand dollars. In truth, most cancer
patients would be very happy to have such a reasonable medical bill.
Actually, even these reasonable estimates were exaggerated. As Time
magazine reported in 1971:
Contreras' claims for Laetrile [in Mexico] are as modest as his
fees. The doctor charges only $10 for a first visit, $7 for
subsequent visits, $3 for a gram of the drug.(1)
1. "Debate Over Laetrile," Time, April 12,1971.
According to Dr. Contreras, his total medical charges in the early
1970s seldom exceeded seven hundred to a thousand dollars.
Most of
his patients were from out of the country, however, and so they also
had to pay for lodging, meals, and transportation. The total
expense, including these non-medical extras, occasionally did run as
high as two-thousand dollars, but it was unfair to imply that it was
all going into the doctor's pocket as pure profit.
If Dr. Weilerstein wanted to compare apples with apples, he
might have explained why a terminal cancer patient undergoing
orthodox therapy in the United States in the early 1970s would
spend, on the average, thirteen-thousand dollars on surgery,
radiology, chemotherapy, hospitalization, or a combination of them
all. If the FDA really wants to get into the business of expressing
shock and concern over high medical costs, orthodox therapy is
virgin territory still awaiting exploration.
Establishment newspapers and magazines have been reliable and
unquestioning outlets for FDA propaganda. So, too, have the major
networks and most of the local radio and TV stations. A perfect
example was NBC's "First Tuesday" program broadcast on March 2,
1971.
To those viewers who knew none of the background, this program
probably appeared to be an objective documentary. Ed Delaney, the
program's host, did have filmed interviews of people representing
both sides of the controversy. But, as is so often the case, the
opinion of the viewer was manipulated by careful selection and film
editing of who was allowed to say what, and in what sequence.
There were hundreds of cancer patients seeking the services of Dr.
Contreras's clinic every day. They came from all age groups, all
walks of life, and from all educational backgrounds. Yet, NBC
interviewed only those patients who were relatively inarticulate or
who would appear to be ignorant, confused, and desperate. None of
them were allowed to tell of any help they might have received from
Laetrile, so the resulting impression was that no one actually had
benefited.
Then came the lengthy "rebuttal" - organized and polished interviews
with Dr. Jesse Steinfeld, the Surgeon General of the United States,
Dr. Charles Edwards, head of the FDA, and other "highly respectable"
establishment physicians.
The overwhelming conclusion was that
"Laetrile may sound fine in theory, but it just doesn't work!"
The Laetrile advocates who had trustingly cooperated with NBC in the
preparation of the program were stunned. They had been led to
believe that they would be given a fair hearing before the court of
public opinion, but from the beginning, they never had a chance.
Under the label of "public-service broadcasting," the nation's
TV stations have aired literally thousands of anti-nutrition propaganda films at no charge to their sponsors. The AMA's film called
Medicine Man, for example, portrays health lecturers as pitch men
and crooks, and it cleverly instructs the viewer how to spot their
"techniques."
The film puts all health lecturers into one bag - the
good and the bad together - and makes blanket condemnations that are
justified when applied to the bad but unjustified when applied to
the good. The result is that the viewer is programmed to react
negatively against all of them, and because he is looking for
"techniques" rather than "substance," he is conditioned to reject
the responsible health lecturer along with the irresponsible.
To
him, all health lecturers are charlatans because they all use some
of the same "techniques" as those used in the film. It does not
occur to him that the same techniques are used by all lecturers
- including those who lecture against health lecturers!
Another propaganda film with a similar approach was produced by the
American Cancer Society and is called Journey Into Darkness.
Featuring guest star Robert Ryan as the host, the film is a
masterpiece of scripting and acting.
Weaving several stories into
one, it portrays the mental torture experienced by several cancer
victims as they grapple with having to decide whether they should
take the advice of their wise and kindly doctor and pursue proven
orthodox treatments, or allow their fears and doubts to overcome
their judgment and seek the unproven treatments of a medically
untrained quack who promises miracle cures but whose only real
interest is in how much money the patient can afford to pay. In the
end, some make the "right" choice and resolve to follow the guidance
of their doctor.
Others make the "wrong" choice and begin their long
and tragic
journey into darkness.
To the uninformed, this film is convincing. Because they know that
cancer quackery does exist, they are misled into accepting that
anything not approved by the ACS automatically falls into that
category. They do not stop to realize that the people they watched
on the screen were merely actors, that the story was not real, or
that the script was written in conformity with the propaganda
objectives of the FDA.
Nevertheless, this film has been shown as a
"public service" on hundreds of TV stations and in thousands of
classrooms, service clubs, and fraternal, charitable, and civic
organizations, producing a profound impact on public opinion. So
convincing is the message that countless viewers who later contract
cancer will not even listen to the Laetrile story - even if their
physician tells them there no longer is any hope under orthodox
treatment.
As a sidelight, it is ironic to note that actor Robert Ryan, star
of Journey Into Darkness, fell victim to his own propaganda. He
died of cancer in July of 1973 after undergoing extensive cobalt
therapy. His wife, Jessica, died of cancer one year previously.
While the press release, the manipulated news story, and the
one-sided use of radio and TV constitute some of the most frequently
used weapons in the FDA's "arsenal of compliance," there are many
others that are even more effective. They are reserved for those
tough customers who cannot or will not be stopped by mere public
opinion.
One of these is the destruction of an individual's credit
rating. It is standard practice for the FDA to write or phone Dun &
Bradstreet to advise them of one's "difficulty with the government."
A notice to Better Business Bureau also is customary.
The next escalatory step of harassment is to stop the publication or
distribution of all printed matter, including books and pamphlets.
The book, One Answer to Cancer, written by Dr. William Kelly, was
legally blocked because it advocated diet rather than orthodox
therapy The court ruled that distribution of the book would
constitute a clear and present danger to the general public and that
the government's duty to protect the health and welfare of its
citizens supersedes the doctor's constitutional right of free
speech. Since Dr. Kelly was a dentist rather than an M.D., he also
was accused of "practicing medicine without a license."
This is a favorite FDA ploy. Many health writers and lecturers have
been arrested on just such an excuse. If a man prescribes a change
in diet as a means of eliminating simple headache, he is practicing
medicine without a license. If he suggests that you take vitamin C
or bioflavonoids for a cold, he is practicing medicine without a
license.
If he recommends fruit or natural roughage for bowel
regularity, he is practicing medicine without a license.(1)
1. When this passage was written for the first edition of this book
in 1974, orthodox medicine was still scoffing at those "health nuts"
who claimed that roughage was important to proper intestinal
function. By the mid 1980s, however, this concept had became quite
orthodox. There is no telling how many thousands of colon cancers
could have been avoided if the medical gurus had listened instead of
smirked.
If he
suggests that natural substances to be found in nature's foods can
be an effective control for cancer, he certainly is practicing
medicine without a license. But let a drug firm hire an actor to go
on TV and proclaim to the millions that Bayer is good for headache,
that Vicks is good for a cold, that Exlax is good for
regularity, or that orthodox medicine can cure 40% of all cancers,
and never will one FDA eyebrow be raised.
In order to avoid the appearance of being "book burners," FDA
officials have claimed that they are censuring books, not because of
the ideas they advocate but because the books actually are being
used as sophisticated "labels" for products.
They may not have any jurisdiction over ideas, but they do have
total control over products. So, if the author, publisher,
distributor, or seller of the book also should happen to have a
product to sell that in any way is explained or promoted in the
book - which is a logical thing for them to do - then the book and the
product are seized by the FDA because of false or deceptive
labeling.
Denied access to the printed page, many nutrition-oriented writers
take to the lecture hall. Here, too, they are stopped. They can be
arrested either for practicing medicine without a license
or - especially if they have a product to sell - false labeling.
One such case was that of Mr. Bruce Butt, an elderly gentleman who
was arrested for showing a pro-Laetrile film in Carlisle,
Pennsylvania.
Two-and-a-half years later, all charges against Mr.
Butt were dismissed in court, but not until he had been forced to
suffer gigantic legal fees, and after the publicity had branded him
in the public mind as a "health-food nut," a "crackpot," and a
cancer quack."
If the object of FDA harassment is still alive and kicking after
all of this, then there is yet one more weapon in the government's
arsenal of compliance that surely will drop him in his tracks: Cut
off his mail! The Post Office, after all, is just another branch of
the
same federal machinery, and it will honor, without question, any
FDA administrative or court ruling to the effect that a publication
or product is "not in the public interest."
On the basis of this
glib
phrase, numerous health books and their advertising have been
banned from the mail.
The Cardiac Society, for example, had
earned FDA displeasure by selling vitamin E as a means of raising
funds to carry on its work to educate the public about the
relationship between vitamin E and a healthy heart. Incoming
mail to the organization's headquarters was intercepted by the
Post Office and returned to the sender marked "fraudulent!"
Charles C. Johnson, Jr., Administrator of the Environmental
Health Service, the agency which, for a while, supervised the
activities of the FDA, has summed up the present attitude of
government officials when he said:
"We have a variety of tools in
our arsenal of compliance."(1)
1. Garrison, The Dictocrats, op. cit., p. 50.
The phrase "arsenal of compliance" tells us a great deal about the
mentality of the hardened bureaucrat and, as we have seen, it is a
perfect description of what the average citizen now must face when
he challenges the government that he has so blandly - perhaps even
approvingly - watched grow over the years. In the name of "protecting
the people" - in the field of nutrition as in all other fields of
human activity - it rapidly is becoming the greatest threatening force
from which the people now need protecting.
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