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Author: Richard Jaffe

Self-Dismissal of SB 277 Lawsuit: Smartest thing they’ve done so far: Is it a one-of or are they on a roll?

Self-Dismissal of SB 277 Lawsuit: Smartest thing they’ve done so far: Is it a one-of or are they on a roll?

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  I’ve been very skeptical of the federal SB 277 lawsuit and preliminary injunction motion, for technical legal and substantive reasons. (See my prior posts: http://rickjaffeesq.com/2016/06/10/cali-anti-vaxer-friends-heres-probably-unwanted-possibly-useful-advice/ http://rickjaffeesq.com/2016/06/14/190/ http://rickjaffeesq.com/2016/08/21/time-get-real-sb-277-real-battle-will/ http://rickjaffeesq.com/2016/08/26/shocker-sb-277-preliminary-injunction-motion-denied/) Well the powers-that-be finally did something smart; they voluntarily dismissed the case before the state had a chance to file a dismissal motion and before the judge terminated the case for good, or in legal parlance, “with prejudice.” So what’s next? Based on Tim Bolen’s recent post, http://bolenreport.com/sb-277-lawsuit-case-dismissed/#more-4880, it looks like…

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Shocker! SB 277 Preliminary Injunction Motion Denied

Shocker! SB 277 Preliminary Injunction Motion Denied

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In an 18 page decision, Judge Sabraw denied the vaccine concerned plaintiffs’ motion for a preliminary injunction. Big surprise! He also set out the grounds why he will dismiss the case, after the defendants file their motion to dismiss, which I would guess would be in the next week or two. Unfortunately, the law has been clear for a hundred years, up to an including last year’s New York case. States are not required to have a personal belief exemption…

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THE “RIGHT TO ASSOCIATE” STOPS ALL INVESTIGATIONS AND PROSECUTIONS!

THE “RIGHT TO ASSOCIATE” STOPS ALL INVESTIGATIONS AND PROSECUTIONS!

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(I’m just kidding, but the proponents selling this stuff aren’t) In the last 30 years, I have heard all manner of crazy legal ideas propounded by nonlawyer “legal experts” which supposedly immunize or protect licensed and/or unlicensed health care practitioners from government oversight, investigations and prosecutions. Most of the ideas are based on the one of the first 10 constitutional amendments (12, if you’re Donald Trump). For example, take the Ninth Amendment, which provides that “The enumeration in the Constitution,…

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Is it time to get real about SB 277 and where the real battle will be?

Is it time to get real about SB 277 and where the real battle will be?

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Based on the transcript of the oral argument/hearing on the preliminary injunction motion in the federal challenge to California SB 277 (the removal of the personal belief exemption), it seems pretty clear that the judge is going to follow the law, and that’s bad news for the vaccine concerned. The judge was polite to the plaintiffs’ counsel and acknowledged the deep and heartfelt beliefs of all those who support the legal challenge, but he is going to deny the motion,…

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Then again, maybe the glass is still less than half full, and water might start leaking out

Then again, maybe the glass is still less than half full, and water might start leaking out

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  Well I tried to transform myself into a half-full kind of a guy by talking about how much access we have to dietary supplements here in the U.S. compared to the rest of the world. But my new found optimism was short-lived: The FDA just released its revised draft guidelines on New Dietary Ingredients which will have a profoundly negative effect on access to supplements, and not necessarily just new dietary supplements, as my friends at the Alliance for…

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My Doom and Gloom at IAACN Jacksonville

My Doom and Gloom at IAACN Jacksonville

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rajccn2016 it’s just the power point, so it might not be as depressing/scary as the talk.  

A glass half empty guy sees it’s really mostly full

A glass half empty guy sees it’s really mostly full

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I just gave alittle talk at the Certified Clinical Nutritionist Conference in Jacksonville, Florida. Up until  the last few years, I had been attending their annual conferences for the better part of twenty years, usually giving a talk about what’s going on in the CAM field (complementary and alternative medicine, now called integrative medicine). As I look back at all those speeches, and others I have given to other CAM groups, it struck me that most of the content of…

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How many cosmeceuticals can fit on the head of a pin?

How many cosmeceuticals can fit on the head of a pin?

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    How many cosmeceuticals can fit on the head of a pin? None, according to the FDA, because there is no such thing.  In FDA-land, there are only regular cosmetics which are essentially un-FDA regulated, and cosmetics which are drugs and regulated as drugs, meaning full-on FDA new drug approval applications. My guess is that the term “cosmeceuticals” was created from an analogy to nutraceuticals which are dietary supplements which have some structure/function type of medical application or value. Nutraceuticals…

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Manly Advice for my Cali. Anti-Vaxer Friends

Manly Advice for my Cali. Anti-Vaxer Friends

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Ok, some of you were put-off by the “anti-vaxer” moniker.  Some suggested you’re all health freedom fighters.  I’m not willing to bestow that laudatory title until I see a more cohesive, rational and convincing case made, though I’m sure I am a minority of one on this in the health freedom community. How about the designator “vaccine-concerned” or “VC” for short? It’s neutral, accurately descriptive, and this is my post.  From now on, I am going to refer to you as…

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To my Cali. anti-vaxer friends: here’s some probably unwanted but possibly useful advice

To my Cali. anti-vaxer friends: here’s some probably unwanted but possibly useful advice

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So in California come July 1st, there will no vaccine exemptions based on personal belief. However, there still will be a medical exemption, such as it is. My understanding is that pediatrics/public health recognizes some contraindications for specific vaccines, but very, very few (if any) contraindications for not giving a child any vaccine anytime.  I’ve heard that at least one prominent CAM healthcare attorney is advising his California CAM physician clients not to write medical exemption letters for parents who…

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