The FDA Wants Jurisdiction over Your Kitchen!


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“Since the FDA only has jurisdiction over compounds involved in ‘interstate commerce,’ they have no jurisdiction over our kitchens—yet.  Should my client lose this case, however, the FDA will have set a precedent to invade the privacy of our homes.”

– Attorney Nancy Lord, M.D.

Daniel Smith is between the proverbial “rock and a hard place.”  For the last couple of years, he has been selling “MMS Professional,” a high-quality sodium chlorite solution used to purify water. He has also been selling citric acid, a food acid similar to that found in lime or lemon juice.

Daniel also sold books, CDs and DVDs produced by others that explained how mixing sodium chlorite and citric acid produce chlorine dioxide, a chemical commonly used to purify water.  Chlorine dioxide also is an effective mouthwash (Compendium of Continuing Education in Dentistry Vol.21, pp. 241-248, 2000).

The books, CDs and DVDs claim that chlorine dioxide, when ingested at appropriate doses, may kill the parasite that produces malaria, as well as other disease-causing bacteria and viruses, such as the ones that are responsible for hepatitis, typhoid, MRSA, pneumonia, bronchial infections, and perhaps even HIV virus associated with AIDS.  The material claims that there are over 75,000 documented cases of chlorine dioxide’s effectiveness against malaria alone.

In these days of high medical costs, a potential antiseptic that is inexpensive and can be made at home is certainly noteworthy.  Safety studies with chlorine dioxide, undertaken in the 1980s because the compound is widely used in municipal water treatment system, raised no red flags (Environmental Health Perspectives Vol. 46, pp. 57-62, 1982). The FDA is concerned because chlorine dioxide, taken in excess, can cause diarrhea and dehydration.  These are side effects that many FDA-approved drugs have, as well as over-the-counter Vitamin C and magnesium.  Presumably, a person faced with such symptoms would simply decrease their dose.

So why is Daniel being threatened with the possibility of criminal charges and years in prison?  The FDA claims that Daniel was “marketing a new, unapproved drug with labeling.”

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