Court Slows Down FDA’s Homeopathy Attack

January 14, 2021

In a qualified victory, a federal judge ruled that the FDA may have acted improperly in upending decades of safe homeopathic regulation. Action Alert!

Earlier this year, we reported on the FDA’s most recent attack against homeopathic medicines in which the agency effectively banned the sale of injectable homeopathic products. One of the companies, MediNatura, took the FDA to court, requesting an injunction against the enforcement of the FDA’s ban. While the injunction was denied, the court also denied the FDA’s motion to dismiss the case, ruling that the litigation can continue and the agency may have acted improperly in changing the regulatory framework that had governed homeopathy for decades.

The central question of the case is this. For decades, Compliance Policy Guide (CPG) 400.400 governed the homeopathic industry. During that time, the industry grew substantially, and companies like MediNatura made significant investments to expand product lines and upgrade manufacturing facilities, while also incurring other costs to market their products in compliance with CPG 400.400. Then in 2017, the FDA issued a guidance document that completely changed the regulatory framework that had been in place for 30 years. The homeopathic industry had operated under a set of rules, and then the FDA pulled the rug out from under them.

The court ruled that the action of the FDA to throw out CPG 400.400 is subject to judicial review to determine if it is in compliance with the Administrative Procedures Act, denying the FDA’s argument that the move was within the agency’s discretion.

We will monitor the developments of this case, but we are also working on legislation that protects homeopathic medicines by codifying CPG 400.400. This policy provided a definition of homeopathic drugs (which is oddly absent from the FDA’s current guidance), good manufacturing practices, and labeling requirements. Crucially, CPG 400.400 does not require pre-approval for homeopathic medicines, as the FDA is attempting to do in its new guidance.

The safety record of homeopathic medicines attests to the success of CPG 400.400. A review of the evidence of adverse events related to homeopathy, which included data from 12 European countries, the US, Mexico, India, Israel and Brazil published between 1978 and 2010, found a total of just 1,159 adverse events. This equates to an average of just over 50 cases per annum across all 17 countries from which studies were conducted. These data show that adverse events from homeopathic medicines occur at a very, very low rate.

It begs the question: what problem is the FDA solving by trashing CPG 400.400 and instituting a regime that declares all homeopathic drugs to be illegal requiring FDA-approval to be marketed?

We can infer some answers. The FDA gets a large part of its funding from drug companies, and for this reason sees Big Pharma as its client. Homeopathic medicines, like supplements and other natural products, compete with pharmaceutical drugs, so the FDA tilts the scales in favor of drug companies. And because natural products and homeopathic medicines generally cannot be patent-protected like drugs can, they can’t afford FDA-approval and so cannot make disease claims. It is one among many ways cronyism is undermining healthcare in this country.

Action Alert! Sign our petition to reform our healthcare system that bars and undermines natural options like homeopathic medicine. Please sign our petition immediately.

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15 responses to “Court Slows Down FDA’s Homeopathy Attack”

  1. Barbara Foley says:

    I am so tired of this country not allowing choice when it comes to medicine, the only reason they want to stop other types of natural medicine is because they know how effective they are, and they are threatened. You can always tell when you get to the truth because all pugs will be pulled to stop it from coming out. It’s high time insurance companies covered alternative medical choices.

  2. Kristine MacDonald says:

    Natural médicine keeps us healthy whereas our healthcare system keeps us sick.

  3. Tina Huber says:

    Homeopathic remedies have been used to heal since the late 1700″s. Big Pharma can’t make money from it so it is trying hard to prevent it from being used at all. This should cause absolute outrage across the country. Please do not allow Big Pharma to continue its control in this country. It is deeply disturbing. To say the least.

  4. Sandra Kuark says:

    Homeopathic medicines can be helpful.

  5. Connie Waters says:

    We need healthcare reform that allows us to have the medicine and natural remedies of the people’s choice. That is the way a free country should operate.

  6. Bharat Adarkar says:

    Reform healthcare system that bars and undermines natural options like homeopathic medicine.

  7. Nola Celeste Anderson, BSc, CNC, DIHom says:

    Thank you for your work in keeping Homeopathy & homeopathic medicines safe and available to the public!!

    We can do great work together!

  8. Karen Otto says:

    Finally, some long awaited good news!!

  9. Marilyn Munro says:

    For a century now, the FDA / medical industry refuse to co-exist with the natural world. It is beyond frustrating. Big business always wins here. And that’s all it is, a big business. It has nothing to do with human health and certainly not human healing. Humans gravitate towards the natural world because it is our world. The sterile medical labs and man made drugs are not. That’s where the damage begins. There’s a time and place for certain drugs in limited usage, but that’s it. This attitude of control and domination is simply wrong thinking and is rooted in the arrogance of man and those who continually attempt to usurp God. The government is complicit in this. The tide needs to begin to change. Homeopathic remedies are very useful and they need to be part of the healing toolbox.

  10. Shelley K. says:

    our bodies our choice

  11. This short article provides an excellent summary of this judicial decision.

    As your article highlights, this decision does not stop the FDA’s actions, it does stop the FDA from withdrawing the 400.400 guidelines.

  12. Linda Ferland says:

    Force Big Pharma to pay ALL of its Back Taxes–that might make them see that they owe the people Big Time! I have a difficult time still seeing how many still believe that Big Pharma was created to support their health! Boggles my mind! Even the creator of their 1st Vaccine wouldn’t allow his family to get it because–he said that Big Pharma was created just to make Money!! I saw the interview!

  13. Irena Franchi says:

    I want to be free to use homeopathy as I always did with good result. My body is mine, and I am old enough to decide what is good and what is bad for myself.

  14. lynn pacifico says:

    Forty years ago homeopathy cured me after western docs said I could never be cured. I have used it ever since with wonderful results. I pay for medical insurance but because of our unbalanced legal medical system, my insurance doesn’t cover homeopathy.

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