The FDA Takes Action
On September 16,
1999, The FDA issued a final ruling on any and all colloidal silver products.
With a brisk pen-stroke invoking the FDA's broad power, the ruling proclaimed
and entered into law that any silver substance in a gelatinous solution could
not be sold as a medicinal substance. The ruling categorized colloidal silver as
an unclassified drug. Any colloidal silver products marketed as having medicinal
properties are now in violation of federal law.
However, due to the
fact that silver is both a natural substance AND not a controlled substance, it
is still protected under the The Dietary Supplement Health and Education Act.
Under this law, any labeling and/or advertising referring to any health benefits
of the substance in question is unlawful. The substance must be labeled as a
dietary supplement and may NOT be marketed for external use.
The innocent
bystander might assume that the FDA took this action based on collected research
data that demonstrates that colloidal silver is a harmful substance, and thus
the public should be protected from its use. HOWEVER, this is not the case.
The following letter, written by the FDA in compliance with the Freedom of
Information Act, clearly shows that the FDA's action to ban colloidal silver
sales was NOT motivated by ANY data suggesting harm:
The FDA Admits it has no Clinical
Data Suggesting Isolated Silver is Unsafe for Human Use
October 14th, 1999
Food and Drug Administration
U.S. Department Of Health and
Human Services
Public Health Service
5600 Fishers Lane
Rockville, MD 20857
Dear Sirs/Madam,
Pursuant to the Freedom of
Information Act and in regard your August 17th, 1999 ruling regarding
colloidal silver, could you please supply the following documentation on which
you based your decision?
1. The number of deaths related to
the consumption of colloidal silver.
2. The number of allergic
reactions to the consumptionof colloidal silver.
3. The number of harmful drug
interactions from both OTC and prescription drugs when combined with colloidal
silver.
4. The number of reported cases of
Argyria from colloidal silver made with the AC or DC electrical process.
5. The number of cases of Argyria
from colloidal silver that did not contain protein stabilizers.
Thank you for your time and
consideration of this request.
Sincerely,
-----------------------------------------------------
The FDA response:
Public Health Service
Center for Drug Evaluation and Research
Office of Training and Communication
Freedom of Information Staff HFD-205
5600 Fishers Lane 12 B 05
Rockville, Maryland 20857
DEPARTMENT OF HEALTH AND HUMAN SERVICES
November 3, 1999
In Response Refer to File:
F99-22589
[ Name Removed ], WA 98408
Dear [ name removed ]:
This is in response to your
request of 10/14/99, in which you requested adverse events associated with the
use of Colloidal Silver. Your request was received in the Center for Drug
Evaluation and Research on 10/25/99.
We have searched the records from
FDA's Adverse Event Reporting System (AERS) and have been unable to locate any
cases that would be responsive to your request.
Charges of $3.50 (Search $3.50,
Review $0, Reproduction $0, Computer time $0) will be included in a monthly
invoice. DO NOT SEND ANY PAYMENT UNTIL YOU RECEIVE AN INVOICE.
If there are any problems with
this response, please notify us in writing of your specific problem(s). Please
reference the above file number.
Sincerely,
Hal Stepper
Freedom of Information Technician
Office of Training and Communications
Freedom of Information Staff, HFD-205
Evaluating
Colloidal Silver Based on the FDA Ruling
The
conscientious person, armed with the above knowledge, would no doubt
consider that the FDA has simply determined that colloidal silver has either
no value in human health applications, or that any possible value remains
highly questionable due to lack of scientific evidence. The FDA, one would
think, is sincerely following its primary purpose of protecting the public
from potential abuse by unscrupulous companies and unduly optimistic
dreamers-- protecting them from turning blue from argyria and naivety.
Unfortunately, this is not the
truth. While the FDA does have valid points against the "colloidal silver
industry" as a whole, none of these points has anything to do with whether or
not isolated silver is safe in reasonable quantities or whether or not it is
effective in fighting infections. Not only has the FDA approved at least one
silver product for use in wound care, but the FDA has done its own research to
determine if colloidal silver has potential as a significant medicinal
substance:
"The FDA has tested
colloidal silver extensively and found that different microorganisms
succumb to its action at a wide variety of concentrations and exposure times. If
any of this information entered the public domain, the FDA would consider their
own research "unsubstantiated medical claims" and reason enough to classify
colloidal silver as a new drug..." - Peter Lindeman, long before the FDA's
September 16 ruling
FDA's underlying motives reveal
themselves when examining their public relations strategies:
- The FDA, knowing full well the
distinction between different kinds of silver products, purposefully
and maliciously attempts to confuse the public by misrepresenting silver
products. The FDA highlights the antiquated use of silver proteins
and compounds, while sidestepping the truth that isolated silver is no more
like these products than hydrogen alone is like water.
- In doing so, the FDA
fails to uphold the public trust.
- The FDA bullies organizations
( as will be shown below ) that are not in a position to know the letter of
the law, rather than educate them as a matter of public responsibility and
interest.
- The FDA has mounted an
increasingly hostile campaign against colloidal silver.
It is deeply
troubling that such a necessary agency as the FDA can no longer be trusted to
uphold the public trust it was founded to preserve. The FDA needs to be held
accountable both for its true motives and its actions. It is true that the
letter of the law must be honored. However, the spirit of the law should define
how the letter of the law is enforced.
Both the FDA and the FTC's definition of colloidal silver
is sadly lacking: "'Colloidal Silver product' shall mean any product
containing or purporting to contain colloidal silver or silver salts,
including but not limited to Aaron’s Colloidal Silver."
Language
that the FDA and FTC use is usually very ambiguous. At least three
classifications of silver products are truly required to accurately cover the
wide range of silver products in use today. The FDA would truly be doing a
public service if it established three separate classifications, and
prioritized their actions based on scientifically available evidence on
safety:
1) Silver compounds known to be toxic - classified as not
generally regarded as safe, retaining the unclassified drug status.
2) Mild silver proteins, silver proteins, various silver
compounds ( the ones which have adequately been researched ) and solutions
with more than 50 ppm silver content - classified as "no information that
establishes these products as safe", retaining the unclassified drug status.
3) Isolated silver products, meaning ionic and
particulate silver in isolated form, between 1 and 50 PPM, in distilled
water in colloidal ( and/or ionic ) form - classified as GRAS ( Generally
Regarded as Safe ) with the unclassified drug status REMOVED.
The FDA likes
to argue that there are no USP standards for production. This can be settled
in very short order to varying degrees of excellence based on currently
available studies endorsed by the EPA.
None
of these efforts would change the reality of the law or allow companies to
make unsubstantiated medical claims about products. What it WOULD do, however,
is deprioritize the critical attention of isolated silver products and
properly focus the energy involved in law enforcement.
After all,
scientifically, silver is no more a drug in the body than simple H2O. By the
letter of the law, if I say "H2O cures dehydration" I am making a drug claim.
It should be stated that HealthyChristianLiving.com has had
no negative experiences with any governmental agency, nor are we interested in
spearheading a political or legal fight against any agency. We are only
interested in documenting and exploring the pertinent issues in the spirit of
public interest.
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