Thoughts on Government Regulation & the Natural Organic Whole Foods Industry

The natural, organic, accomplished foods accessible has some acquaint to apprentice actual anon or it will be destroyed by itself, the FDA and the biologic accomplishment industry. I see the adversary (natural, organic, accomplished foods industry) and it is we ourselves.

To allegorize this point let me draw your absorption to the architecture industry area afterwards 40+ years in the architecture business, I accept had lots of befalling to beam that the alpha of a architecture is added important than the acrylic and carpet. Yet the “paint job” is all that a lot of humans absolutely focus on. (I am adage that we of the natural, amoebic and accomplished foods accessible accept to architecture and body our own architecture and not ask government to do it for us or we will accept annihilation but ache and disappointment). Back to the architecture business, I accept empiric that the above acumen for this is the government imposed architecture codes absolved a all-important agency to “protect the public” are the could could cause of the problem. How did we anytime survive afore the UBC (uniform architecture code) was imposed aloft us? How is it that barrio of accomplished quality, that were body a 100 years afore the UBC anytime existed, still angle and are in use today? What can the natural, organic, accomplished foods industry which is still in its aboriginal stages of development apprentice from this example?

The accepted the socialists band-aid for a ailing congenital architecture is a actual big-ticket ascendancy affairs (something that is not government business at all and historically was not government business until afresh and which we of the natural, organic, accomplished foods association accept to apprentice from). This “consumer protection” affairs has broadcast and now ascendancy is added to ascendancy and starts with association approval of “land use”. The humans active in the Land of the “Free” now accept no freedom. Clandestine acreage that does not accord to the association is now accountable to a “community decision” as to acclimate it may be acclimated for a assertive use or not. Back in the 50’s and 60’s we alleged “community ism” area the association absitively for anyone else, apropos what they could or could not do, “Communism” and our adversary the USSR did this all the time and we abhorred them for it. Today in America we do the aforementioned and alarm it “Freedom”. Boy, are we dark and in a bind. We are now “FREE” through antipathetic appearance coercion, to angle in band cat-and-mouse for permission to use our own property, acquirement abundant permits, added fees for one affair and another, inspections on top of inspections and assorted “quality” tests, all of which alone serve to ascendancy the humans while active the amount up and the superior down. Now, with all of these “safeguards of government” we still acquaintance actual big-ticket and abominably congenital architecture getting accomplished and awash everyday. Is this a archetypal we charge to echo in the nature, amoebic accomplished foods world? We do not charge to attending up one day and acquisition that we are continuing in the antipathetic appearance natural, organic, accomplished foods band of failure. I abide that we accept to beam and abstain the aberration of Government advance into the natural, organic, accomplished foods industry.

Let us accede the FDA and how it helps us. We are told that the FDA is to assure superior in the decree biologic business in the USA. Yet Dr. Julian Whitaker letters that “Experts appraisal that adverse biologic contest in actuality amount in the millions and decree drugs are amenable for added than 100,000 deaths per year.” Nutrients on the added duke accept no letters of fatalities. We accept to achieve that we don’t charge to fix the natural, organic, accomplished foods business with added government adjustment because it is not broken!

Furthermore it is accepted ability in natural, organic, accomplished foods circles that in abounding cases pharmaceuticals in actuality could could cause burning of a bodies vitamins, minerals and enzymes. For archetype Diabetic drugs are accepted to bankrupt three vitamins (B6,B12, folic acid) and four minerals (sodium, potassium, magnesium, zinc). Again, Statins, actuality acclimated to lower claret cholesterol, are accepted to bankrupt Coenzyme Q10, which lessens your activity supply. The absence of Coenzyme Q10 is like removing the atom bung from an centralized agitation engine and assured it to fire. Of advance application these drugs is accomplished as far as the FDA is anxious because they are government approved. This is just addition acumen why we affliction to amend the accessible protectiveness of government afore we add any new regulations to the natural, organic, accomplished foods industry.

Let us Beam yet addition FDA story. A few months ago I was at a appointment area a man was acknowledgment that he was getting shut down by the FDA afterwards accepting marketed a artefact for amount of years that was a accustomed assemble artefact that had done a adept job of eliminating blight in a ample amount of humans who acclimated it. It was added appear that it had no ancillary aftereffect and was altogether safe. This was embodied by the actuality that he had been in business for years and had no claims adjoin him by buyers of his product. (considering how sue blessed anybody is today I advised his claims to be accurate because if the adverse been accurate he would accept been sued and out of business afore the FDA anytime would accept begin him) Now however, he was getting shut down by the FDA and could not abide to bazaar his articles unless he was “approved”.

Now canicule the alone way to get or use natural, organic, accomplished foods for a bloom band-aid is by departure the Land of the “FREE”. Why? Because the FDA has fabricated a actual austere adjustment that there shall be no antagonism in this country in this industry of bloom (which includes any claims in the natural, organic, accomplished foods arena) after their accurate permission. If there is any crooked antagonism in the way of claims, alms or sales of crooked “drugs” the blackmailer will be abeyance and befuddled into jail, appropriately eliminating the antagonism for those who accept not acquired “approval”.

This is not a atypical story. I accept visited with dozens of humans over the accomplished 30 years who accept been appropriate to avenue the country to accept non FDA accustomed natural, organic, accomplished foods procedures activated to their bodies as a bloom antidote because those procedures were banned actuality in the “Land Of The Free”. In some of these cases it was activity extenuative because the medical association had accounting them off as terminal.

I am anxious that this aforementioned hopelessly abutting minded, incompetent, socialists, authoritative FDA/AMA bearing will anon be imposed aloft the natural, organic, accomplished foods industry which will adapt it to the point of uselessness. Historically clandestine business and chargeless action accept been added than able of acclimation themselves and this is absolutely what the natural, organic, accomplished foods industry accept to do today.

If you acquisition this to be a aberrant admitting again accede the following. UL (Underwriters Laboratories Inc.) is a clandestine business that specializes in testing and condoning articles and accessories in the clandestine sector. The affairs accessible has developed to await on this service. If you aftermath a artefact and ambition for your artefact to be accustomed by UL you accept to abide and canyon the UL standard. (the natural, organic, accomplished foods industry needs a clandestine (NOWFU) standard.) The UL brand agency it meets a actual top superior requirement. The UL approval is added adapted than government approval and agency something abundant better. Furthermore if you architecture and body a artefact and accept not to pay for the UL testing you are not fabricated into a bent for not accomplishing so as you will assuredly would be if the FDA were involved. If it comes to the UL, the chump is the final ascendancy and abounding shoppers will not buy a artefact unless it has the UL characterization on it and we see the UL characterization on articles every day. These are acceptable articles congenital with top standards but there is no threat, banishment, bastille or fines if you do not accept one. Let us accept we had a natural, organic, accomplished foods advocate allowance of approval (NOWFU) this would be cocky regulation.

We accept to beam by the afterward that clandestine bodies and clandestine action is bigger at acclimation itself. Danika Amott illustrates this actual acutely in her commodity in the Spring 2009 affair of Harvest Source Accomplished Foods Journal page 23 that in her son’s case she begin that able accustomed assimilation did abroad with the charge for all “approved” pharmaceuticals that were not allowance and were actual expensive. For the Amott ancestors demography claimed albatross for themselves and the natural, organic, accomplished foods affairs was the answer.

We accept to abstraction and administer this assumption to the natural, amoebic and accomplished aliment business (NOWFOODS) and our own lives as the Amotts did because if added layers of government are added the aftereffect is beneath albatross by the citizenry and lower superior of account by government. The acumen for this is that if government regulations are imposed humans stop searching to be amenable for themselves because they apperceive that anyone abroad who is added able is accomplishing that for them. (When did you acquisition some FDA guy added abreast on the accountable of natural, organic, accomplished foods than yourself?) This is a cocky imposed bamboozlement on a civic basis. Annihilation of the affectionate is accident because regulations are advised to annihilate antagonism and actualize cartel not assure anyone as we accept seen.

Competition is, by its actual nature, cocky acclimation area cartel is not. Test this for yourself the next time you wish to apperceive something about a artefact or service. Do this in the natural, organic, accomplished foods business or the appointment accessories business. All you accept to do is ask two aggressive companies to appraise the added companies artefact or account and they will explain all about their allowances and point out all the defects of the competition. On the added duke if alone one aggregation fabricated a artefact you capital (monopoly) again the artefact or account would be declared by its maker as the best, safest and the a lot of absolute artefact to accommodated all needs. Usually this is not the case because abundant added is larboard to be desired. If there is no antagonism there will be no “better abrasion trap” or bigger natural, organic, accomplished foods business there is alone the modernist FDA biologic culture.

Applying this to the natural, organic, accomplished foods industry, we accept to beam that the FDA will abjure our claims and claiming for itself “perfection” by its own authority. Therefore natural, organic, accomplished foods are declared to be bad and itself to be good. It doesn’t amount that the use of nutrients and supplements or organic, accustomed or accomplished foods will not baffle with a lot of decree drugs. In actuality nutrients and supplements will generally times abate the amount of ancillary effects. It doesn’t amount because it is not about advantageous it is about ascendancy and cartel and attention monster biologic business that doesn’t charge protecting.

The antidote for our own industry is in our own hands. The natural, amoebic and accomplished foods accessible accept to accept alternative and independence. We accept to actualize our own “NOWFOODS Underwriter” aggregation agnate to the UL. Why ask for the clamminess of big brother is we don’t charge it? Again we can yield affliction of ourselves and accept college quality. We accept to demography albatross for ourselves and appose all attempts by government to adapt our natural, organic, accomplished foods industry. This is astute and retains our liberty. All the Government gets ascendancy of the rains all it will do is add a actual big-ticket “paint job” over a beach foundation of backbreaking regulations to the natural, organic, accomplished foods industry which will do annihilation to accomplish it what it affliction to be. Added big government is not our acquaintance and the FDA is not the acquaintance of the natural, organic, accomplished foods industry.

Let us re-focus and absorb appellation to our own natural, organic, accomplished foods approaching by befitting our business our business. Let us action for a advantageous approaching of the accustomed amoebic and accomplished foods industry because it is still ours.

Uncertain State Approval a Growing Concern for For-Profit, Non-Profit Healthcare Transactions

With the arrival of alliance and accretion action in the healthcare market, it is accepted that a assertive amount of deals would abatement through. Any amount of occurrences could end a abeyant transaction. Recently, though, it seems healthcare M&A has accomplished deals that end afore they are completed due to bounce from accompaniment attorneys accepted or governors during the analysis process.

For hospitals or bloom systems planning a alliance or a partnership, authoritative and accompaniment analysis is to be expected. Bounce at the accompaniment akin is not something the M&A industry about adventures and contempo rejections accept afraid the industry. “Some states accept been actual alive in blocking deals,” says Bart Walker, JD, an advocate with McGuireWoods. “It may just be that some issues accept not been on the alarm and the industry is now affected to accost them. Overall, it has been a deathwatch up alarm for the industry.”

There are a array of affidavit a transaction may not accretion accompaniment approval. The blazon of organizations circuitous behest altered intensities of accompaniment reviews. Whether or not the accord involves two non-profits, two for-profits or whether the accord would alteration a non-profit to for-profit cachet all appulse the accompaniment review.

State approval is consistently traveling to vary. Anniversary accompaniment has altered regulations for healthcare transactions. For instance, in New York a non-profit alignment cannot be purchased by a for-profit alignment admitting in added states that array of transaction may be allowed.

Generally, a alliance amid two non-profit organizations will not abide as abundant accompaniment or authoritative scrutiny. “States tend to see mergers amid non-profits differently. The analysis at the accompaniment akin is about traveling to be actual minimal,” says Howard Peterson, a adviser and CEO of TRG Healthcare.

Recently, the healthcare industry has apparent added for-profits – for-profit systems, hospitals and even clandestine disinterestedness firms – accepting non-profits. When a for-profit purchases a non-profit, the accompaniment analysis is added accurate because of built-in issues, adequate account issues and even accommodating asset issues. “Often, an advocate accepted will wish to agreement the non-profit charter(s) will be accustomed affective forward,” says Mr. Peterson.

Concerns for association needs, accessible interests and adherence of the for-profit can aswell be issues that arise during accompaniment analysis and again become justifications for absolute a transaction. When a transaction does not arise to clothing accessible absorption or association needs, the governor or the advocate accepted may arrest the deal, says Mr. Walker.

Recently, a planned three-way alliance amid Louisville, Ky.-based University Hospital, which was accounted a accessible institution, non-profit Jewish Hospital & St. Mary’s HealthCare, aswell in Louisville, and St. Joseph Bloom Arrangement in Lexington, Ky., was alone afterwards accompaniment review.

Kentucky Gov. Steve Beshear alone the deal, adage it was “not in the best absorption of the Commonwealth and accordingly should not move forward” and “the risks to the accessible outweigh the abeyant benefits.” Gov. Beshear cited a abode done by Kentucky Advocate Accepted Jack Conway, which claimed “the accord rais[ed] aberrant and circuitous acknowledged and action issues.”

Of accurate affair was likelihood that the Catholic organization’s behavior on assertive changeable and added issues would be continued to University Hospital, which accustomed aborigine funds. Denver-based Catholic Bloom Initiatives, the ancestor aggregation of St. Joseph, would accept had majority ascendancy over the new system. University Hospital, which is currently operated by the University of Louisville serves as a safety-net hospital, and its alliance with a Catholic hospital arrangement would accept been the aboriginal of its affectionate in the United States. The issues of accumulation a accessible bloom adeptness with a clandestine and religiously affiliated association led to the bounce by Gov. Beshear and Advocate Accepted Conway.

When a transaction involves antithetical organizations, the state’s advocate accepted will a lot of acceptable abode added focus on what the organizations would attending like post-closing, says Mr. Walker.

Another afresh alone alliance dealt with apropos for the public’s absorption as well. California Advocate Accepted Kamala Harris denied the auction of non-profit Victor Valley (Calif.) Association Hospital to for-profit Prime Healthcare Account Foundation, run by Calif.-based Prime Healthcare Services. Actuality the affair of a for-profit purchasing a non-profit complicated the accompaniment approval and may accept ultimately contributed to Ms. Harris’ rejection.

Although these examples aswell accord with complexities accompanying to clandestine buying and religious affiliation, they still highlight the complexities of affairs involving non-profits and for-profits. In adjustment to advance the likelihood of accord completion, healthcare leaders should accede a amount of issues while developing a transaction, abnormally those involving antithetical organizations.

Charitable assets. In affairs involving non-profits, the assets of all organizations circuitous are accountable to review. When a for-profit is involved, the analysis of accommodating assets including adeptness and donations is important. “If anyone has accustomed money to a non-profit for a specific purpose, there would charge to be a plan to account the agreement of the aboriginal donation and any approaching donations,” says Mr. Peterson. The antecedent purpose of the donation would charge to be accustomed traveling forward.

Non-profit status. A lot of non-profits advance their cachet by accouterment admission and affliction to underinsured and uninsured individuals. While some states will acquiesce non-profits to be acquired by for-profit chains and even transitioned to for-profit status, generally, an advocate accepted will seek to ensure casework to accessible populations will not be abundantly cut. “An advocate accepted will try to actuate whether those individuals will be adequate beneath the new affairs terms,” says Mr. Peterson.

Demonstrate fairness. The amount of hospitals in a arena may affect whether a alliance appears reasonable to an advocate general. “If there is a three hospital boondocks and two hospitals are amalgamation – the third hospital could accuse they were not accustomed fair consideration. Leaving a hospital out of the accord is not illegal; the parties circuitous would just accept explain why one hospital was a focus and not another,” says Mr. Peterson. “Demonstrating candor in the alliance action is they key.”

Structure of board. “Attorneys accepted wish to see the association accept absorption and representation in a hospital lath so the community, which needs the casework of the non-profit entities, will abide protected,” says Mr. Peterson. Amalgamation organizations should abode questions such as the following: How will the organizations amalgamation configure the lath of directors? Will you amalgamate boards from anniversary amalgamation party? Is the lath acceptable in agreement of association representation?

Community programs and services. In accession to confined the un- or underinsured, non-profits action bare casework to the community. An advocate accepted will charge to apperceive what will become of important programs. “For instance, abounding non-profit hospitals accept obstetrics departments for carrying newborns. Some hospitals abutting those departments due to abuse issues or accident of profit. However, for association hospitals, one of the a lot of acclimated casework is the obstetrics departments because association associates charge to bear babies. If a non-profit merges and after closes the obstetrics department, a association may go unfulfilled. The advocate accepted would wish to accomplish abiding such a bearings would be absurd to occur,” says Mr. Peterson. Hence, an alignment needs to actualize a abundant plan for the approaching of hospital services.

Fair bazaar value. A alliance may face bounce if the advocate accepted does not accept the proposed acquirement is fair bazaar amount for the hospital or alignment and its assets. According to Mr. Peterson, an advocate accepted and the accompaniment cloister arrangement will wish to be assertive that the proposed amount is fair. It is important for a hospital to use a appraisal close they trust. When hospitals and assets are over-valued, a alliance can become complicated due to accountability risks down the road.

Purchaser stability. Finally, an advocate accepted may attending at the adherence of the for-profit purchaser. Confidence in the article to accomplish the hospital is all-important for accompaniment approval. “If the transaction involves a for-profit that has not ahead operated in the state, the advocate accepted will attending at the aggregation accomplishments and its adeptness to accomplish the hospital or bloom arrangement in a abiding way,” says Mr. Peterson. If a non-profit were to be awash to a “fly by night” article and the article failed, the hospital would cease to accomplish and would abort to accommodate bare casework to the community, says Mr. Peterson. If an advocate accepted determines the for-profit is not capable, they will not accept the merger.

The issues listed actuality are not absolute of all issues healthcare organizations may charge to adapt for or accord with. The rejections of the University Hospital and Prime Healthcare affairs authenticate the complication of for-profit and non-profit transactions. Mergers involving antithetical organizations authorization a added complicated accompaniment approval process. Organizations should adapt for a array of questions from the advocate general, the governor, the association and advisers will accept a bigger adventitious of success.

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