Today, a brave New Mexico jury told the Food and Drug Administration of the United States of America that their terrorist tactics will not be tolerated in our country. In acquitting Rodger Sless on all counts related to GH3, the jury, and the American people, blocked the FDA’s attempt to charge vitamin sellers under ex post facto laws.

On April 8, 1993, Rodger Sless was confronted several carloads of armed agents from three different federal agencies: FDA, Customs, and Postal Service. They raided his warehouse and seized most of his business assets, including his computer and all his customer files. Why?

A package containing GH3, a dietary supplement also known as Gerovital H3, had been seized Customs Agents.

The only problem with this armed assault on a business was that no official action had ever been taken at the FDA to determine whether GH3 was a drug! No notice was ever placed in the Federal Register, no comment requested, no hearing ever held. At trial, the government could not produce so much as a post-it note or a telephone message to document the decision. There was no such decision made. They raided first and looked for a broken law later.

Rodger Sless was indicted for “introducing an unapproved new drug into interstate commerce” and fourteen other related counts, all but one a felony, on Jan 4, 1994.

No FDA approval is required for vitamins. This is what the FDA would like to change.

All of the products involved were being used healthy people, as we take vitamins, to enhance normal health. Not a single product that Mr. Sless was charged with distributing was being used medically. Medical use is what turns a substance–any substance, even water–into a drug.

One of the highlights of the trial was when the FDA’s Acting Deputy Director was questioned about a scientific paper he wrote about the dangers of chile pepper. When asked if he planned to outlaw chile peppers, the bureaucrat responded that capsicum (the main ingredient of chile pepper) was already a prescription drug.

As for GH3, this is the only time any court has ruled on whether it is a vitamin or a drug. This verdict clearly places GH3 in the category of a dietary supplement (a position that will be protected from assaults the FDA when the Hatch/Richardson Health Freedom bills, S 784 & HR 1709, become law).* It also requires that the FDA prove that substances are “dangerous” or “new drugs” through open, public procedures before taking it upon itself to raid lawful businesses. To the FDA and other federal agencies that have recently run amok, the New Mexico jury has sent a clear message: We the people still support the idea that this country is a land of liberty!

For more information:

Richard Utman, Jr.- Attorney at Law
P.O. Box 3505
Albuquerque, NM
87190

Nancy Lord, M.D. – Attorney at Law
1718 Peachtree St NW
Suite 499
Atlanta , GA 30309

Rodger Sless
300 Carlsbad Village Dr.,
#108A-47, Carlsbad, CA 92008
(505) 995-2067