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Life Extension Foundation:
Update September 1995


The FDA's Vendetta Against Dr. Burzynski

By Dean Mouscher, Director, Clinical Trials Burzynski Institute

Stanislaw R. Burzynski is an MD with a Ph.D. in biochemistry. In 1967, while studying blood as a graduate student, he found certain peptides that had never been described before.

Comparing the blood of patients with different diseases, Dr. Burzynski found that over 98% of cancer patients were deficient in the peptides he had found-often with blood levels of only 2% of those of healthy individuals. This led him to suspect that these compounds-or a lack thereof-were implicated in the development of neoplastic (cancerous) disease.

Most cancer experts believe we all develop cancer cells hundreds if not millions of times in our lifetimes. Given the trillions of developing cells, the millions of errors that can occur in the differentiation (maturing) process of each cell, and our constant exposure to carcinogenic substances (smoke, car fumes, radiation, etc.), the laws of probability dictate that mis-developing cells must occur frequently in the life of each individual. It stands to reason that a healthy body has a corrective system to "reprogram" newly-developed cancer cells into normal differentiation pathways before the cancer can take hold.

Dr. Burzynski postulated that healthy organisms have just such a corrective mechanism, which he termed the "Biochemical Defense System." He called the substances produced by this system "antineoplastons." Their purpose is to "reprogram" cancer cells to die like normal cells. Healthy cells are not affected.

Dr. Burzynski continued his research at Baylor University until 1977, when he felt he was ready to begin treating advanced cancer patients with the peptides he had discovered. After getting a written opinion from his lawyer that doing so would not violate any state or federal laws as long as he treated patients only in Texas, Dr. Burzynski began to give antineoplastons to patients with hopeless cancers-often with dramatic results.

The FDA Seeks An Injunction

In 1983 however, the FDA went to court for an injunction to stop Dr. Burzynski from manufacturing or using antineoplastons in his practice. U.S. District Court Judge Gabrielle McDonald turned them down. In an 18-page decision, Judge McDonald made it clear that Dr. Burzynski could continue to "manufacture, package, sell, and distribute antineoplastons, so long as it occurs wholly intrastate."

Ignoring Judge McDonald's decision, the FDA tried to stop Dr. Burzynski by writing dozens of letters to Senators, Congressmen, insurance companies and pharmaceutical firms. These letters contained lies and distortions so outrageous that on October 23, 1985 Judge McDonald issued a Cease and Desist order, commanding the FDA to stop issuing false and misleading information about Dr. Burzynski.

A Series Of Raids And Grand Jury Investigations

In 1985, FDA agents and armed Federal Marshalls raided Dr. Burzynski's clinic and seized all his patient records-200,000 documents in all. In order to continue treating patients with advanced cancer, Dr. Burzynski had to install a copier-at his expense-at FDA headquarters and hire someone to shuttle back and forth, making copies of his records and bringing them back to the clinic. Dr. Burzynski had to make appointments with the FDA to make copies of his own documents.

Later in 1985, Federal prosecutors representing the FDA presented everything they seized in the raid-plus another 100,000 documents subpoenaed shortly after the raid-to a Federal Grand Jury. Their investigation of Dr. Burzynski lasted nine months, but prosecutors couldn't convince the Grand Jury that there was probable cause to believe a crime had been committed. No indictment was returned.

In 1990, the U.S. Attorney's office in Houston, representing the FDA, convened another grand jury to investigate Dr. Burzynski, again for alleged violations of Judge McDonald's order. To the FDA's dismay, this Grand Jury also refused to indict Dr. Burzynski.

More Raids And Grand Juries

In 1993, the FDA again raided the Burzynski Research Institute because of alleged bacterial contamination of antineoplastons, but tests proved conclusively that there was no contamination.

In 1994, U.S. Attorneys-again representing the FDA-convened a third Grand Jury to investigate Dr. Burzynski. And for the third time, a skeptical Grand Jury refused to return an indictment. The main casualty this time was the Assistant U.S. Attorney on the case, who was removed for prosecutorial misconduct involving abusive and improper use of subpoenas.

The latest chapter in the FDA's twelve-year campaign to stop Dr. Burzynski from treating patients with antineoplastons kicked off on March 24, 1995 with another raid on the clinic. Seven federal agents herded employees into a room and kept them there until they filled out forms with personal information. They then spent seven hours rifling through file cabinets and drawers, leaving with boxes of patient records and other documents.

Shortly thereafter the FDA began serving clinic employees with subpoenas commanding them to testify before a Federal Grand Jury investigating Dr. Burzynski. To date, federal prosecutors representing the FDA have subpoenaed nine employees including Dr. Burzynski. In addition, they have ordered him to turn over tens of thousands of pages of documents, including more patient records and diagnostic films.

An Arbitrary Fishing Expedition

The law prohibits Grand Juries from "arbitrary fishing expeditions". Yet that is exactly what federal prosecutors are engaged in. Besides patient records-many of which have already been presented four times to various government investigators-prosecutors have subpoenaed "any and all agreements, draft agreements, proposals, correspondence, notes, memos, tape recordings, notes of conversations, telephone messages, reports, raw data, studies or other items to, from, or with any foreign or domestic pharmaceutical company or university, including contact person's name, title and phone number."

While this information is of no use in investigating criminal activity, it gives the FDA the opportunity to write letters to everyone they uncover, letting them know that Dr. Burzynski is the target of a federal investigation and to issue subpoenas to some of these people. This is more than just speculation. It is the exact behavior that sparked a 1985 "Cease and Desist" order against the FDA by US District Court Judge Gabrielle McDonald.

And so, on June 15 1995, prosecutor Amy LeCocq subpoenaed a huge Dutch pharmaceutical conglomerate-which has conducted negotiations with Dr. Burzynski-for all correspondence, memos, documents or other records it had regarding Dr. Burzynski or anyone associated with him. The obvious purpose of this subpoena was to frighten the company-which does a large business in the U.S.-into having no further contact with Dr. Burzynski.

Prosecutors have also subpoenaed all patient billing records, again with no time limitation whatever. Dr. Burzynski has been treating patients since 1977. They have subpoenaed his accountants for every conceivable document an accountant can possess (again with no limitation on time), a classic fishing expedition. Prosecutors have even subpoenaed the names and addresses of every person who has ever received a brochure from Dr. Burzynski! As if that weren't enough, the subpoena went on to demand "Any other lists of persons", an absurdly general and burdensome request.

FDA Harassment, Illegal Actions And Terrorism

Besides throwing the entire clinic into chaos, wasting thousands of hours of employee time, and terrifying advanced cancer patients who don't know whether they will be able to continue getting the only medicine that has been able to help them, the grand jury's actions have severely threatened Dr. Burzynski's ability to practice medicine. Without patients' previous MRIs and CAT scans, Dr. Burzynski has nothing to which he can compare new scans, and no way of knowing if patients' tumors are growing or shrinking.

Moreover, the FDA has been careful to seize films and medical records of Dr. Burzynski's most successful cases, crippling his ability to defend himself by confiscating his single most valuable asset-proof of the anti-cancer activity of antineoplastons.

In the current case there has been illegal use of subpoenas as well. Dr. Ralph Moss, an award-winning journalist and author of books about cancer, was subpoenaed and ordered to produce every document in his possession-electronic, magnetic, printed or otherwise-relating to Dr. Burzynski. Dr. Moss has written favorably about Dr. Burzynski in the past.

Unfortunately for Amy Lecocq, the prosecutor in charge of this case, her subpoena of Dr. Moss violated at least six federal laws governing subpoenas of journalists. Such violations carry a penalty of administrative reprimand or other disciplinary action. When Dr. Moss pointed this out to Lecocq and gave her the opportunity to withdraw the subpoena, she did so with alacrity.

It's been said that a prosecutor can get a Grand Jury to indict virtually anyone. But despite the avalanche of documents supplied by the government to four Grand Juries, it has yet to convince any of them of probable cause to believe Dr. Burzynski has committed a crime. And so, unable to stop him legally, the FDA seems determined to harass him to death.

The NCI Report on Dr. Burzynski

The FDA's actions are all the more outrageous because their own oncology division has granted Dr. Burzynski permission to conduct Phase II clinical trials! In addition the National Cancer Institute (NCI)-following a visit by seven NCI experts to Dr. Burzynski's Houston clinic for a review of patient records-confirmed several remissions in patients with "hopeless" brain tumors after treatment with antineoplastons. Their report states that "The site visit team documented anti-cancer activity in this best-case series and determined that Phase II trials are warranted to determine the response rate."

In other words, the question is no longer "Do antineoplastons work?"; it is: "How consistently do they work?"

And yet, despite the NCI report, despite the fact that the FDA's own scientists wish to see antineoplastons tested, the FDA's "enforcers" remain obsessed with shutting Dr. Burzynski down.

How long will this continue? Until your outrage puts a stop to it.

You can start by writing letters, phoning, and faxing your Senators and representatives in the House. To obtain, the phone numbers of your representatives, call the U.S. Congressional switchboard number:

1-202-224-3121


Washington in Review

Life Extension News From Our Nation's Capitol

New Health Freedom Bill Introduced In Congress

On June 29, 1995, representatives Frank Pallone (D-NJ) and Dennis Hastert (R-IL) jointly introduced the Food and Dietary Supplement Consumer Information Act of 1995 (H.R.1951) in the US House of Representatives.

The purpose of this bill is: "To amend the Federal Food, Drug, and Cosmetic Act to allow food and dietary supplement manufacturers to communicate truthful, nonmisleading information to consumers concerning the nutritional content and disease prevention benefits of their products, (and) to repeal or clarify rules enacted by the Dietary Supplement Health and Education Act of 1994."

Rep. Pallone was an original cosponsor of the Dietary Supplement Health and Education Act of 1994 (DSHEA). Rep. Hastert was a cosponsor of DSHEA in the last Congress and serves as Chief Deputy Majority Whip and Vice Chairman of the Health Sub committee of the House Commerce Committee, both of which have primary jurisdiction over the U.S. Food And Drug Administration (FDA).

Both House members want to include the issue of the FDA's regulation of foods and supplements in the FDA reform debate and it is likely we will see Congressional hearings on the subject before the end of the year.

The new bill is cosponsored by Rep. Bill Richardson (D-NM), the House author of DSHEA; Rep. Peter DeFazio (D-OR), an early supporter of DSHEA and House author of The Access To Medical Treatments Act; and Rep. Dan Frisa (R-NY), who defeated Phil Schiliro, Administrative Assistant to Rep. Henry Waxman in last November's election for a Long Island, New York seat. Rep. Waxman is a longtime supporter of the FDA, whose power was reduced sharply when the Republicans gained control of the House.

Repairing Last Year's Bill

One of the purposes of H.R.1951 is to repair the flaws in the DSHEA, which, in its original version, would have allowed companies to make all truthful health claims about their products. This basic principle was watered down significantly in the legislative process that led to passage of the DSHLEA.

In addition to its clear-cut position on the right to make truthful health claims, the new bill prevents the FDA from classifying foods and dietary supplements as "drugs", and abolishes the recently created Presidential Commission on Dietary Supplement Labels, which was called for by the DSHLEA.

According to Rep. Pallone, the reason the bill calls for the abolition of the Presidential Commission is a recent U.S. Supreme Court decision that eliminates the need for the Commission. In his speech before the House (when introducing the bill), Rep. Pallone said: "I think the philosophy and public policy objective concerning claims should be guided by the sage words of Justice Stevens who recently wrote in a landmark commercial speech case, Rubin vs Coors Brewing Co.

"'Any `interest` in restricting the flow of accurate information because of the perceived danger of that knowledge is anathema to the First Amendment; more speech and a better-informed citizenry are among the central goals of the Free Speech Clause. Accordingly, the Constitution is most skeptical of supposed state interests that seek to keep people in the dark for what the government believes to be their own good.'"

n Rep. Pallone's speech before the House, he went to great lengths to explain the damage to the American people caused by FDA censorship of truthful health claims. As he put it:

"When we passed the Nutrition Labeling and Education Act in 1990 (NLEA), we authorized the FDA to pre-clear all health claims that a food or dietary ingredient could prevent a disease or health related condition. Congress wanted the FDA to allow such claims because of the overwhelming scientific evidence between disease and nutritional status. It also was allowed so that industry could better educate its customers regarding the benefits of their products. The FDA was given the discretion to use a standard that they called 'significant scientific agreement' to decide whether to approve a health claim. The record of the agency in this area has been a failure and should be reformed.

"When the NLEA was passed, the FDA was asked to evaluate nine health claims for foods and supplements. It approved only two for supplements; first was that calcium prevents osteoporosis and second, after initially rejecting the claim, that folic acid prevents neural tube birth defects for women of child bearing age. It also approved claims that antioxidant and fiber rich foods like fruits and vegetables could help prevent heart disease and cancer. It refused to approve the same claims for supplements of those dietary ingredients.

"The case of the Folic Acid health claim is most illustrative of the problem with the FDA being the censor of truthful, nonmisleading information and the terrible price our country pays for being kept in the dark. When NLEA was passed, the FDA was asked to evaluate a health claim for folic acid preventing certain birth defects. In November of 1991, the FDA denied the health claim, stating that there was no 'significant scientific agreement' to approve the claim. Subsequently in July of 1992, the US Public Health Service published an advisory asking all women of child bearing age to get adequate folic acid in their diets by foods or supplements to prevent these tragic birth defects.

"Public and scientific outrage finally forced the FDA to reverse itself in the fall of 1993 and the claim was approved. But what was most outrageous...was that the FDA testified in a Senate Labor and Human Resource Committee hearing in October 1993 that it had been aware of scientific data that folic acid could prevent these birth defects for ten years! They argued that, in their opinion, there was no 'significant scientific agreement' when the Nutrition Labeling and Education Act was first enacted in 1990 until the FDA reversed itself in the fall of 1993. In the interim, the American public was kept in the dark, and an estimated additional 2,000 children were born with birth defects that could have been prevented had the information been allowed to reach women in a responsible manner.

"For ten years when the first scientific data started coming in, women were not allowed to be told that Folic Acid might prevent neural tube birth defects. In this period of time, these tragic and irreversible birth defects struck approximately 20,000 babies. If any of my colleagues have ever seen a child born with anencephalopathy or spina bifida, then they know the pain and suffering these children and their parents face.

"These are children who are disabled, disfigured, and have short life spans. The costs to take care of these children run in the millions. Yet the information was out there that an adequate amount of folic acid had the potential to avert these birth defects. The risk to women of child bearing age who could have received this information was zero. The benefit potential was thousands of birth defects prevented. But American women were kept in the dark and we will never know precisely how many babies born with these defects could have been averted. We do know that this number reaches into the thousands.

"Now the same thing is happening with a class of nutrients called antioxidants which scientific research is showing huge potential in reducing or eliminating known risk factors for cancer and cardiovascular disease. As I introduce this legislation, I point out that in the June 21st edition of the Journal of the American Medical Association there was another study on Vitamin E and compelling evidence that it can reduce the risk of heart disease has been published.

"This is another study that adds to the overwhelming number of scientific studies that antioxidants have important contributions to make in the fight against degenerative diseases that are driving our health care costs into oblivion. And just a month ago, scientists confirmed that a mineral antioxidant, selenium, has the ability to protect the human immune system and minimize damage from viral infections. These studies promise innovation and cost effective treatments for people with viral illnesses. But such information will never reach the consumer in time under current FDA policies."

Why We Must Support This Bill

Because of the change in leadership in Congress, the chances of passing a fully intact health freedom bill, which guarantees your our rights to learn about and use the supplements of our choice, is very good this year, but only if we register our support for the bill with members of Congress.

Therefore, we urge you to contact your representatives in Congress immediately in order to urge them to become cosponsors of The Food and Dietary Supplement Consumer Act of 1995 (H.R.1951) and to help persuade their colleagues to support the bill.

Please call, write, and fax your support for this bill to your elected representatives now! If you do not have the phone number, fax number, and address or your representatives, just call the Capitol Switchboard at:

1-202-224-3121


Alternative Treatment Bill Introduced In Congress

On July 13, 1995, Rep. Peter DeFazio (D-OR) introduced The Access To Medical Treatment Act (H.R.2019) in the U.S. House of Representatives. A companion bill will soon be introduced in The Senate by Sen. Tom Daschle (D-SD).

This bill would allow an individual to be treated by any health care practitioner who is legally authorized to provide health professional services in the State in which the services are provided, using any method of treatment the individual desires, as long as:

1. The treatment causes no serious harm other than reactions normally experienced with routinely used medical treatments for the same medical condition; and

2. The patient is fully informed about the treatment and its possible side effects.

Why This Bill Is Needed

he outrageous actions of the FDA against Dr. Burzynski and his patients, which is described in the lead article in this issue of the FDA Raid Report, make it very clear why we need legislation to protect our rights to have access to the medical treatments of our choice.

The FDA is doing everything it can to put Dr. Burzynski out of business, and perhaps behind bars, simply because he has dared to offer cancer patients an alternative to surgery, chemotherapy, and radiation-the three standard modes of treatment in the United States. The FDA is trying to destroy Dr. Burzynski, even though his antineoplaston treatment has been highly effective in treating some patients, and despite the fact that more Americans are afflicted with and dying of cancer today than ever before!

The Access To Medical Treatments Act does not alter the FDA's responsibility to approve treatments as safe and effective. It attempts to open up what is now a system that is closed to alternative treatments. The bill forbids claims by those offering alternative treatments to guard against "major marketing efforts" for non-FDA approved treatments.

Why We Should Support This Bill

e urge support for H.R.2019 because it gives Americans considerably more freedom than they have today regarding access to alternative treatments. It will be especially useful for patients who suffer from diseases considered "incurable" by mainstream medicine, who have no options other than to explore alternative treatments for their condition.

It will also be beneficial for alternative physicians such as Dr. Burzynski, who don't actively promote their services, and who would love to be left alone by the FDA's enforcement agents. The problem with the bill is that it is too restrictive on medical claims by alternative practitioners. Such restrictions could easily be used by the FDA-in direct contradiction to the wishes of Congress-to continue their illegal and immoral actions against alternative medicine.

We strongly recommend that you support this bill. Again, we urge you to phone, fax, and write your representatives in Congress in order to urge them to support The Access To Medical Treatment Act (H.R.2019). To find out how to contact members of Congress, just call the Capitol Switch board at:

1-202-224-3121


New First Amendment Lawsuit Against The FDA

On June 30, 1995, the Nutritional Health Alliance (NHA) filed a lawsuit in Federal District Court for the Southern District of New York seeking a declaratory judgment that provisions of the Nutrition Labeling And Education Act (NLEA) and the U.S. Food And Drug Administration's (FDA) implementing regulations of that act are invalid under the first amendment to the U.S. Constitution to the extent that they constitute "prior restraint" of constitutionally protected speech.

The lawsuit, which was filed by the New York law firm of Bass & Ullman, attacks that portion of the NLEA which prohibits manufacturers and marketers of dietary supplements from using truthful, nonmisleading information to inform the public about the value of dietary supplements for the prevention of diseases and other health-related conditions.

According to NHA President Gerald Kessler, "the NHA has filed this case as part of its continuing campaign for health freedom and freedom of speech." Mr. Kessler further stated that: "We must continue the fight for the right of the dietary supplement industry to make truthful and non-misleading health claims and for the right of the American public to receive information which is crucial to their health and well-being."

This is the fourth first amendment lawsuit filed against the FDA that is now in the U.S. courts. A crucial hearing is scheduled before the U.S. Court of Appeals in San Francisco at 9 AM on August 15, 1995 with regard to the first amendment lawsuit filed against the FDA by Durk Pearson and Sandy Shaw. An in-depth report on these first amendment lawsuits will be carried in the next issue of LIFE EXTENSION MAGAZINE.






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*These statements have not been evaluated by the FDA. These products are not intended to diagnose, treat, cure, or prevent any disease. The information provided on this site is for informational purposes only and is not intended as a substitute for advice from your physician or other health care professional or any information contained on or in any product label or packaging. You should not use the information on this site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should consult with a healthcare professional before starting any diet, exercise or supplementation program, before taking any medication, or if you have or suspect you might have a health problem. You should not stop taking any medication without first consulting your physician.