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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