By Todd Harrison, Venable09.08.20
As of this writing, it has been five months since we began hunkering down, awaiting a breakthrough vaccine or drug treatment. Many have risen and many have fallen but we continue to work hard at finding the answer.
At the same time, the U.S. government is actively attempting to suppress speech on nutritional approaches to COVID-19. Agencies are actively sending questionable warning letters based on the spurious belief that content and commercial speech can reside on the same site even though there is no specific link between the two.
The effect is to suppress speech on vitamin D, N-acetyl cysteine (NAC), and quercetin because somewhere on the commercial side of those websites a product may actually contain one of the ingredients. Let’s be clear here; I am not talking about those hucksters that are making dangerous claims regarding how their product cures COVID-19. Rather, I am referencing true content websites whose only sin is to have a commercial store where people can buy health-related products. It simply resides at the top of the webpage and says “Store” or “Shop.” There is no other presence. There are no banner ads or Google ads driving people to buy a product; scientific information is provided in an honest manner and provides useful tips to people dealing with the pandemic, around which our lives revolve 24 hours per day.
The government tries to argue these content sites are spreading false information when they are actually tediously detailed regarding ongoing clinical research. Yes, the research is ongoing and many of the conclusions are based on reasonable extrapolations. With that said, we don’t have 10 years to do a nutritional study to see the impact. When it comes to nutrition, our government and conventional medicine ignore common sense that goes out on a limb to say “you know something, there is something here; it’s safe, and may actually have real benefit, so maybe that is what we need to take in these times.”
Instead, rather than applying common sense and engaging in honest debate, the government and its enablers in the private sector would prefer to keep people in the dark as we continue to pray for the medical breakthrough which will be approved even if only 50% effective. This darkness causes more harm than good over the years. God forbid the general public might learn the importance of nutrition in their everyday life, or that there may be a very real association between vitamin D status and COVID-19, that quercetin may potentially have benefit in preventing or treating COVID-19, or that NAC may help treat COVID-19.1-3
Meanwhile, after at least 30 years of being marketed as a source of l-cysteine, FDA recently raised the issue of whether NAC is a permissible dietary ingredient, which is just another attack on a perfectly safe ingredient that has the potential to provide significant respiratory and antioxidant support to the general population. This lack of common sense only hurts people; it does not help them.
Why is it wrong to provide nutritional information? Are Americans just not able to grasp that nutritional status may help mitigate the effects of COVID-19? Instead, we put all our marbles into the wonders of modern medicine. Yes, drugs have a significant role to play, especially for those who are the sickest; but understand we are hoping at best for a vaccine that only protects about 50% of people. Come to think of it, that sounds like it will be about as effective as the flu vaccine.
In that vein, I wonder how many people have even heard of the paper that discussed using vitamin D to reduce the risk of influenza and COVID-19?4 Probably no one. The government does not permit anyone with a commercial interest in a vitamin D product to state anything about such a paper because it would be an impermissible disease claim.
Track Record
Unfortunately, our government has a long history of suppressing information that it disagrees with. For instance, when the Atkins diet was first introduced in the 1970s, it was scoffed at by “experts.” The FDA so disliked it that the agency promulgated a regulation that required a warning on weight loss meal replacement products that were primarily made up of protein. That might be an overstatement as to why FDA issued the regulation, but that directive still exists today even though the agency should have repealed it long ago.
What do we know today? Low-carb diets—whether Paleo, South Beach, or Keto—work and improve all aspects of health. Personally, I lost nearly 40 pounds three years ago on Keto while taking my borderline A1C numbers to the normal range. But the experts still refuse to admit it—hence, the arcane regulation on high protein meal replacement products.
At the same time, the experts told us to get the fat out of our diets, and get carbs in. High-carb, low fat diets have been a disaster. Instead of making us healthier, they made us sicker as fats were stricken and replaced with simple carbs, which shot our—as well as our kids’—blood sugar levels through the roof. Indeed, diabetes and obesity should be considered a pandemic in and of itself.
Nutrition Matters
Let’s not also forget that diabetes and obesity beget heart disease and high blood pressure, and all of these play a significant role in the severity of COVID-19. But we cannot talk about that because it would be heresy to point out the obvious. Nutrition matters not only in chronic disease but also the path an acute disease might take in a particular person that is diabetic, obese, has heart disease, and is stricken with COVID-19. But we shouldn’t say that nutritional status may have a positive effect in outcomes.
The fact is 80% of all chronic diseases are avoidable through proper nutrition, which includes taking vitamin D3 and zinc for immune health, and magnesium for blood pressure. The research on quercetin is fascinating in upper respiratory health, and so is the research on NAC. Beta-glucans can prime the immune system, and turmeric can help tame inflammation. Combined, all these nutrients may help mitigate the effects of COVID-19; but a mainstream content website that may also have a store on it cannot talk about the benefits of these nutrients unless it wants to be the target of the government and its allies, and labeled a fraudster.
We keep hearing the mantra “just follow the science.” Well, let’s follow the science. Let’s have an honest debate about the science. Instead of suppressing truthful speech that you may not agree with, let’s have a genuine debate. Maybe we all will learn something in the end and maybe spare one or two people from the horror that is COVID-19 (or whatever superbug is next) because we took small steps to support our immune system, balance inflammation, support lung, bronchial, and heart health, and took control of our blood pressure and blood sugar. Maybe, just maybe, if Americans were allowed to hear this information, we might be able to make a difference in the course of a disease—not just COVID-19, but all disease that really at its root stems from the poor nutritional status of Americans today.
References
Todd Harrison
Venable
Todd Harrison is partner with Venable, which is located in Washington, D.C. He advises food and drug companies on a variety of FDA and FTC matters, with an emphasis on dietary supplement, functional food, biotech, legislative, adulteration, labeling and advertising issues. He can be reached at 575 7th St. NW, Washington, D.C. 20004, Tel: 202-344-4724; E-mail: taharrison@venable.com.
At the same time, the U.S. government is actively attempting to suppress speech on nutritional approaches to COVID-19. Agencies are actively sending questionable warning letters based on the spurious belief that content and commercial speech can reside on the same site even though there is no specific link between the two.
The effect is to suppress speech on vitamin D, N-acetyl cysteine (NAC), and quercetin because somewhere on the commercial side of those websites a product may actually contain one of the ingredients. Let’s be clear here; I am not talking about those hucksters that are making dangerous claims regarding how their product cures COVID-19. Rather, I am referencing true content websites whose only sin is to have a commercial store where people can buy health-related products. It simply resides at the top of the webpage and says “Store” or “Shop.” There is no other presence. There are no banner ads or Google ads driving people to buy a product; scientific information is provided in an honest manner and provides useful tips to people dealing with the pandemic, around which our lives revolve 24 hours per day.
The government tries to argue these content sites are spreading false information when they are actually tediously detailed regarding ongoing clinical research. Yes, the research is ongoing and many of the conclusions are based on reasonable extrapolations. With that said, we don’t have 10 years to do a nutritional study to see the impact. When it comes to nutrition, our government and conventional medicine ignore common sense that goes out on a limb to say “you know something, there is something here; it’s safe, and may actually have real benefit, so maybe that is what we need to take in these times.”
Instead, rather than applying common sense and engaging in honest debate, the government and its enablers in the private sector would prefer to keep people in the dark as we continue to pray for the medical breakthrough which will be approved even if only 50% effective. This darkness causes more harm than good over the years. God forbid the general public might learn the importance of nutrition in their everyday life, or that there may be a very real association between vitamin D status and COVID-19, that quercetin may potentially have benefit in preventing or treating COVID-19, or that NAC may help treat COVID-19.1-3
Meanwhile, after at least 30 years of being marketed as a source of l-cysteine, FDA recently raised the issue of whether NAC is a permissible dietary ingredient, which is just another attack on a perfectly safe ingredient that has the potential to provide significant respiratory and antioxidant support to the general population. This lack of common sense only hurts people; it does not help them.
Why is it wrong to provide nutritional information? Are Americans just not able to grasp that nutritional status may help mitigate the effects of COVID-19? Instead, we put all our marbles into the wonders of modern medicine. Yes, drugs have a significant role to play, especially for those who are the sickest; but understand we are hoping at best for a vaccine that only protects about 50% of people. Come to think of it, that sounds like it will be about as effective as the flu vaccine.
In that vein, I wonder how many people have even heard of the paper that discussed using vitamin D to reduce the risk of influenza and COVID-19?4 Probably no one. The government does not permit anyone with a commercial interest in a vitamin D product to state anything about such a paper because it would be an impermissible disease claim.
Track Record
Unfortunately, our government has a long history of suppressing information that it disagrees with. For instance, when the Atkins diet was first introduced in the 1970s, it was scoffed at by “experts.” The FDA so disliked it that the agency promulgated a regulation that required a warning on weight loss meal replacement products that were primarily made up of protein. That might be an overstatement as to why FDA issued the regulation, but that directive still exists today even though the agency should have repealed it long ago.
What do we know today? Low-carb diets—whether Paleo, South Beach, or Keto—work and improve all aspects of health. Personally, I lost nearly 40 pounds three years ago on Keto while taking my borderline A1C numbers to the normal range. But the experts still refuse to admit it—hence, the arcane regulation on high protein meal replacement products.
At the same time, the experts told us to get the fat out of our diets, and get carbs in. High-carb, low fat diets have been a disaster. Instead of making us healthier, they made us sicker as fats were stricken and replaced with simple carbs, which shot our—as well as our kids’—blood sugar levels through the roof. Indeed, diabetes and obesity should be considered a pandemic in and of itself.
Nutrition Matters
Let’s not also forget that diabetes and obesity beget heart disease and high blood pressure, and all of these play a significant role in the severity of COVID-19. But we cannot talk about that because it would be heresy to point out the obvious. Nutrition matters not only in chronic disease but also the path an acute disease might take in a particular person that is diabetic, obese, has heart disease, and is stricken with COVID-19. But we shouldn’t say that nutritional status may have a positive effect in outcomes.
The fact is 80% of all chronic diseases are avoidable through proper nutrition, which includes taking vitamin D3 and zinc for immune health, and magnesium for blood pressure. The research on quercetin is fascinating in upper respiratory health, and so is the research on NAC. Beta-glucans can prime the immune system, and turmeric can help tame inflammation. Combined, all these nutrients may help mitigate the effects of COVID-19; but a mainstream content website that may also have a store on it cannot talk about the benefits of these nutrients unless it wants to be the target of the government and its allies, and labeled a fraudster.
We keep hearing the mantra “just follow the science.” Well, let’s follow the science. Let’s have an honest debate about the science. Instead of suppressing truthful speech that you may not agree with, let’s have a genuine debate. Maybe we all will learn something in the end and maybe spare one or two people from the horror that is COVID-19 (or whatever superbug is next) because we took small steps to support our immune system, balance inflammation, support lung, bronchial, and heart health, and took control of our blood pressure and blood sugar. Maybe, just maybe, if Americans were allowed to hear this information, we might be able to make a difference in the course of a disease—not just COVID-19, but all disease that really at its root stems from the poor nutritional status of Americans today.
References
- Biesalski HK. Vitamin D deficiency and co-morbidities in COVID-19 patients – A fatal relationship?. Nfs Journal. 2020;20:10-21. doi:10.1016/j.nfs.2020.06.001. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7276229/
- Colunga Biancatelli RML, Berrill M, Catravas JD, Marik PE. Quercetin and Vitamin C: An Experimental, Synergistic Therapy for the Prevention and Treatment of SARS-CoV-2 Related Disease (COVID-19). Front Immunol. 2020;11:1451. Published 2020 Jun 19. doi:10.3389/fimmu.2020.01451. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7318306/
- Poe FL, Corn J. N-Acetylcysteine: A potential therapeutic agent for SARS-CoV-2 [published online ahead of print, 2020 May 30]. Med Hypotheses. 2020;143:109862. doi:10.1016/j.mehy.2020.109862. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7261085/
- Grant WB, Lahore H, McDonnell SL, et al. Evidence that Vitamin D Supplementation Could Reduce Risk of Influenza and COVID-19 Infections and Deaths. Nutrients. 2020;12(4):988. Published 2020 Apr 2. doi:10.3390/nu12040988. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7231123/
Todd Harrison
Venable
Todd Harrison is partner with Venable, which is located in Washington, D.C. He advises food and drug companies on a variety of FDA and FTC matters, with an emphasis on dietary supplement, functional food, biotech, legislative, adulteration, labeling and advertising issues. He can be reached at 575 7th St. NW, Washington, D.C. 20004, Tel: 202-344-4724; E-mail: taharrison@venable.com.
