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Thursday, Aug. 11, 2005 9:00 p.m. EDT

Kevin Trudeau Sues New York Board

Kevin Trudeau, consumer activist and author of the best seller "Natural Cures 'They' Don't Want You to Know About," filed a lawsuit today against the New York Consumer Protection Board (CPB) in response to its interference with sales of his nationally best-selling book and violation of his First Amendment rights.

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The agency disseminated a news release and informed Trudeau that it intended to dissuade cable broadcast stations from airing his advertisements for the book.

"Natural Cures 'They' Don't Want You to Know About" presents alternative health remedies that assist in health maintenance and support legitimate curative approaches. It is highly critical of government agencies and their alliance with pharmaceutical companies and explicitly advises all readers to consult with their physicians as well.

The Federal Trade Commission has recognized that the book is fully protected by the First Amendment, and the CPB is the only government agency in the country to attack the book.

The actions against Trudeau set an ominous historical precedent as this is the first time a governmental agency has sought to suppress a book primarily for its criticism of government practices. These actions sharply contrast with previous attempts to suppress books because of, in typical instances, alleged obscenity or purported national security breaches.

Trudeau has been widely and aggressively critical of the government's unholy alliance with the pharmaceutical industry, which has facilitated that industry's effort to foist billions in needless or even harmful drugs on the market.

"It's particularly reprehensible that the government is taking this action," said David Bradford, a partner at Jenner & Block in Chicago who filed the lawsuit on Trudeau's behalf. "Three million books have been sold and, as the CPB itself acknowledges, they have received only two consumer complaints. The CPB has even conceded that it had not reviewed the book before launching its inquiry."

"Many people have criticized the government on these issues, but Kevin Trudeau has been uniquely successful in bringing that criticism to the people – to millions of them. That's why Mr. Trudeau's First Amendment rights are under attack," added Bradford. According to Bradford, the federal government has even admitted that this is a First Amendment issue and that Trudeau is entitled to protection under the First Amendment.

Trudeau is seeking a declaratory judgment that the CPB is not lawfully permitted to hinder his speech under the First and 14th Amendments. Trudeau also seeks an injunctive order prohibiting the CPB from contacting cable and broadcast networks with the intent to coerce networks into pulling the "Natural Cures" infomercials.

The agency's release suggests that Trudeau has profited from false book endorsements and from selling health-related products without having a medical license. According to Bradford, those allegations show the "desperation" of this agency to build a case against Trudeau. "He is not practicing medicine. He is helping people live healthier lives. And each and every one of the statements which the CPB attacks is valid," averred Bradford.

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