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KY Amish Farmer Jailed over a Salve Label; the FDA Wants Him Jailed for Life

Girod indictment: Sam's 3 products: chickweed salve, bloodroot salve and an essential oil blendI know it sounds like I made up a terribly inflammatory headline… but it’s not JUST inflammatory. It’s true, the Girod indictment is below.

Amish farmer Sam Girod of Owingsville makes 3 products: a chickweed salve, a bloodroot salve and an essential oil blend called Sine Eze. The photo of the 3 products was just taken on my iPad on my desk. You can find similar products online. In fact, you’ll find the recipes online. You can make these products in your kitchen, it’s not rocket science.

A few years ago, the FDA came after Sam for labeling crimes — Sam said his salves could cure certain things and that’s a big FDA no-no. Sam immediately fixed the labels as per FDA demands.


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But then the FDA fixated on him and just would not let go. You’ll see in the indictment. In my line of hobby work (political blogging), I’ve seen this over and over and over again. An alphabet agency gets you in its sights and just will not quit.

And why would they quit? No skin off their teeth and gives them something to do. State agencies are bad enough, but the feds… the feds are especially lawless. There is no accountability in a federal agency, they break their own rules as a matter of course.

I have a little inside info on why this persecution is taking place plus a couple of questions. “Inside info” because I’m involved in food and health freedom, so aware of persecution of other farmers around the country.

The first thing of note is that, when it comes to powerful well-funded federal agencies looking to set precedent, the Amish have a special target on their backs. Why? Because they generally don’t use lawyers which makes them easy prey. They don’t use lawyers because the Amish are self-sufficient, they know their constitutional rights and they are a peaceful community. They don’t fight back (unless lives are at stake).

The FDA is also after an enormously successful Amish farm in PA, Miller’s Organic Farm. Like Sam, the Millers have established a private club whereby only members can purchase products. As a member of Miller’s Organic Farm, I can order anything I want, including raw milk, that can be shipped to me anywhere in the country. (Read up on the Miller’s case here.)

The FDA hates private membership clubs because club sales and products are NOT subject to FDA rules and regulations! Private memberships are protected under the Constitution’s contract clause. I can contract with anyone I want, sell them anything I made or produced, and the state may not interfere. The state, of course, hates this kind of freedom and will do anything it can to pierce that veil. Including bankrupting businesses and jailing a peaceful farmer for the rest of his life.

The FDA also seems to have a special soft spot for bloodroot salves. They’ve been persecuting makers of bloodroot salves for decades, starting with Greg Caton, jailing him twice and driving him from the country. A quick search brought up this company as well.

Two questions:

  1. Why was Sam kept handcuffed during the hearing on Friday. Was he a flight risk or a danger to anyone? IMO, the gov was attempting to show Sam who’s the boss. Newsflash: the gov is not Sam’s boss.
  2. Why did the FDA wait so long to formally charge Sam? Most of his alleged crimes (Counts 1-11) took place between 9/2013 and 1/2014 with the M.M. situation (Count 12) in 12/2014. If Sam is so dangerous that he needs to be jailed for life… why did they wait for years to charge him?

Here comes the Girod indictment.

This is pretty long but a lot the counts are basically repeats with different dates. The gov likes to pad the bill so the defendant will take a plea.

Remember, folks, we are talking about a Chickweed Salve here along with two other equally benign, non-drug products that are for sale all over the world, that I and my friends have used with no ill-effects (in fact, to good effect). Is the purpose of this prosecution to protect the public or to punish those citizens who don’t kneel at the pointy end of a bureaucrat’s pen (and, in this case, firearm)?

The FDA vs Kentucky Amish Farmer Samuel A. Girod

Case: 5:15-cr-00087 GRAND JURY CHARGES (click here to download a pdf of the indictment)

  • 1-16 are BACKGROUND.
  • 17-44 are the COUNTS (charges)
  • My notes are indented and in italics.
  • Total possible prison time is 58 years

1. Defendant SAMUEL A. GIROD operated an establishment at 409 Satterfield Lane, Owingsville, KY 40360, which is in Bath County, in the Eastern District of Kentucky. This establishment, which did business under various names, including “Satterfield Naturals”, “S.A.E.G.”, and “A.M.S. Associates”, manufactured and marketed products for the treatment of various ailments, including skin disorders, cancer, and sinus infections.

NOTES: Ok. I’ve changed my business name more times than Carters got pills. Not a crime yet. Sam’s products are effective and have never hurt anyone. And, if they have hurt anyone, prove it and Sam can make restitution.

Ya know, if one person was harmed in 20+ years of thousands of people using Sam’s products, I’d say that was a pretty good track record. Hey, I know! Let’s compare that to Big Pharma’s drug safety record, ok? Even aspirin kills 11 people a year. Every. Single. Year. And then there’s this: http://bit.ly/deathbydoctor Just sayin’.

2. The Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq. (“FDCA”), existed to protect the health and safety of the American public by regulating the manufacture and distribution of all drugs shipped or received in interstate commerce. The Food and Drug Administration (“FDA”) was the federal agency charged with enforcing the FDCA.

NOTES: First of all, NONE of Sam’s products contain any drugs. Zero. The FDA tested all his products and Sam had an independent lab test all his products. No drugs. THIS IS CRITICAL. No drugs in anything.

While the FDA/FDCA can make labeling demands, they can’t accuse Sam of a crime having to do with manufacture or distribution of drugs if there aren’t any drugs in it. Once Sam changed his label to comply and once there were no drugs found in the ANY of the products, the FDA lost whatever jurisdiction it claimed.

3. The FDCA required persons who owned or operated an establishment engaged in the manufacture, preparation, propagation, compounding, or processing of a drug to register annually with the FDA. See 21 U.S.C. §§ 360(b)(l), (c)(l). Every establishment in which a drug was manufactured, processed, packed, or held, for introduction into interstate commerce or after such introduction was subject to inspection by the FDA. See 21 U.S.C. §§ 360(h)(l) and 374. GIROD did not register his establishment with the FDA.

NOTES: No drugs so no requirement to register.

4. GIROD manufactured and distributed a product called “Chickweed Healing Salve.” This product typically bore labeling claiming that the product was “[g]ood for skin disorders. Dry skin, cuts, burns, draws, and poison ivy.” In many cases, GIROD also distributed sales pamphlets touting the product’s effectiveness in treating skin cancer, diaper rash, fungus infections, and various other skin ailments.

NOTES: Per FDA demands, Sam changed his product labels for everything sold to the public. He even took the word “healing” off, so moot point.

5. GIROD manufactured and distributed a product called “TO-MOR-GONE.” This product typically bore labeling identifying the product as a “black salve” and a “natural herbal remedy.” In many cases, GIROD also distributed sales pamphlets touting the product’s effectiveness in removing warts, moles, and other skin growths, and stating: “TO-MOR-GONE is very good at removing tumors.” GIROD used an extract of the bloodroot plant (Sanguiniaria Canadensis) in TO-MOR-GONE. This ingredient was an escharotic agent, meaning that it had a caustic, corrosive effect on human skin.

NOTES: Again, he changed the label when told to do so. Bloodroot is not a drug, either, btw. It’s a PLANT used for thousands of years for HEALING purposes. Like a lot of other plants.

Bloodroot can have a caustic, corrosive effect on human skin, but that’s why we use it, lol. Bloodroot cures skin cancer because it burns off the cells. It’s also a drawing compound so it pulls the cancer cells to the surface, then kills them. People even take the stuff internally.

I and many of my friends have used bloodroot for years for small skin cancers, moles, small growths. Works like a charm and doesn’t leave a scar. Amazing stuff. I got mine (before I knew Sam) from altcancer.com formulated by Greg Caton, the first guy the FDA put in jail for bloodroot products.

6. GIROD manufactured and distributed a product called “R.E.P.” This product typically bore labeling that instructed the consumer as follows: “For sinus infection, put on forehead and cheeks. For breath freshener put drop on tongue.” In many cases, GIROD also distributed sales pamphlets touting the product’s effectiveness in treating sinus infections, cold symptoms, and sore throats.

NOTES: Sam took all the healing claims out of his literature for all products sold to the public. Sine Eze (the new name for R.E.P.) is amazing, by the way, a blend of essential oils. Love the stuff. Seriously. This has been sold for over 20 years, no drugs in it, Sam took all the healing claims out of the literature… where’s the beef?

7. The FDCA defined a “drug” as an article that was: (a) intended for use in the diagnosis. cure, mitigation, treatment, or prevention of disease in man; and/or (b) intended to affect the structure or any function of the body of man. See 21 U.S.C. § 321(g)(l)(B) and (C). Chickweed Healing Salve, TO-MOR-GONE, and R.E.P., were “drugs,” as defined within the FDCA.

NOTES: When Sam removed the offending language, those products were no longer able to be classified as drugs by the FDCA. Plus, the products were all tested by Sam and the FDA and no actual drugs were found.

8. The FDCA prohibited the introduction or delivery for introduction into interstate commerce (or the causing thereof) of any drug that was misbranded. See 21 U.S.C. § 33 l(a).

NOTES: Not drugs, branding corrected, no longer subject to FDCA/FDA regulations.

9. A drug was misbranded if it was manufactured, prepared, propagated, compounded, or processed in an establishment that was not registered with the FDA. See 21 U.S.C. § 352(0). Chickweed Healing Salve, TO-MOR-GONE, and R.E.P. were each manufactured, prepared, propagated, and processed in GIROD’s unregistered establishment and, thus, were each misbranded.

NOTES: Not drugs so establishment not required to be registered.

10. A drug was also misbranded unless its labeling contained “adequate directions for use.” 21 U.S.C. § 352(f)(l). Adequate directions for use were directions under which a layman “can use a drug safely and for the purposes for which it is intended.” 21 C.F.R. § 201.5. Chickweed Healing Salve and TO-MOR-GONE did not bear labeling containing adequate directions for use and, thus, were each misbranded.

NOTES: Not drugs so this requirement does not apply.

11. A drug was also misbranded unless its labeling contained a listing of each active ingredient. See 21 U.S.C. § 352(e)(l)(A)(ii). R.E.P. did not bear labeling that contained a listing of each active ingredient and, thus, was misbranded.

NOTES: Not drugs so labeling requirements do not apply.

12. A drug was also misbranded unless its labeling contained “such adequate warnings against use in those pathological conditions … where its use may be dangerous to health, or against unsafe dosage or methods or duration of administration or application, in such manner and form, as are necessary for the protection of users.” 21 U.S.C. § 352(f)(2). TO-MOR-GONE did not bear labeling warning of its caustic, corrosive effect on human skin and the scarring that could result. TO-MOR-GONE also did not bear labeling warning against its exclusive use to treat skin cancer. As such, TO-MOR-GONE was misbranded.

NOTES: Not a drug so labeling requirements do not apply. If bloodroot has its own requirements for labeling, I can’t find those requirements. That said, Sam has always complied with every labeling requirement for all products sold to the public and remains committed to doing so.

13. A drug was also misbranded if it was “dangerous to health when used in the dosage or manner, or with the frequency or duration prescribed, recommended, or suggested in the labeling thereof.” 21 U.S.C. § 352(j). TO-MOR-GONE was dangerous to health when used in the dosage, manner, frequency, and duration that was recommended and suggested in the labeling and, thus, was misbranded.

NOTES: See previous NOTES.

14. On or about September 17, 2013, the United States District Court for the Western District of Missouri entered an order (hereinafter, “the injunction”) permanently restraining and enjoining GIROD from manufacturing, processing, packaging, labeling, holding, selling, or distributing certain products, until various conditions were met. The products covered by the injunction included Chickweed Healing Salve, TO-MOR- GONE, R.E.P., and any other products similar in composition or effect to Chickweed Healing Salve, TO-MOR-GONE, or R.E.P. The conditions under which the injunction could be lifted included: (a) GIROD’s removal from his products, labels, labeling, and promotional materials, of all claims that caused Chickweed Healing Salve, TO-MOR- GONE, and R.E.P. to be “drugs” within the meaning of the FDCA; (b) GIROD’s removal of all extracts or components of bloodroot plant (Sanguiniaria Canadensis) from his products intended for human use; (c) the FDA’s inspection of GIROD’s establishment; and (d) the FDA’s notification to GIROD of his compliance with the terms of the injunction.

NOTES: Sam obeyed the injunction as follows:
a) Changed the labeling on all products sold to the public as ordered.
b) Stopped making the salve. I’m not sure how the FDA can require this since there are bloodroot salves for sale online… even on Amazon.
c) Allowed the inspection. I’m wondering where the FDA gets its authority to demand a search when the products don’t fall under their jurisdiction?
d) Stopped manufacturing, processing, packaging, labeling, holding, selling, or distributing certain products until a, b and c were met. He’s still not doing any manufacturing or selling which, of course, puts a cramp in the family finances.

Wondering also where the FDA gets its authority to enforce an injunction when products don’t fall under its jurisdiction.

15. The injunction pennitted [FDA typo] the FDA to inspect GIROD’s establishment, without prior notice and when reasonably deemed necessary, for five years from the date of entry of the order. Among other things, the injunction provided that these inspections would include reasonable and immediate access to buildings, equipment, raw ingredients, in-process materials, finished products, containers, packing material, labeling, and other material therein.

NOTES: Really? What gives the FDA the authority to demand this for products outside of their jurisdiction? Yes, I’m asking the same question over and over again.

16. Following the injunction, GIROD continued to manufacture, market, and distribute, in interstate commerce, Chickweed Healing Salve, TO-MOR-GONE, R.E.P., and other products similar in composition and effect. GIROD did not inform the purchasers of these products that he was under a court ordered injunction and was prohibited from distributing these products.

NOTES: I don’t believe this is true, that Sam defied the injunction, but there are a couple of points to be made here:
1. All together now: these products are not drugs so outside FDA jurisdiction.
2. There were stores all over the country selling Sam’s products. He didn’t know the names of all these stores or even the sellers. Sometimes people would come to Sam and buy lots of bulk product and drive away. That those products were still on the shelves in Podunk, Alaska is simply out of Sam’s control.
3. In the COUNTS below are several claims by the FDA that Sam continued to sell product to the public. I don’t know if that’s true but I doubt it. Sam stopped selling to the public. He did have a private membership club. That is perfectly legal although the FDA hates these clubs. Maybe these sales were through the club and the FDA is neglecting to mention that?
4. Of note is that, at this moment, the FDA is also pursuing Miller’s Organic Farm in PA for selling raw milk and organic home-processed foods all over the country. The Millers do this through their private membership club. The FDA wants to pierce this and end these clubs once and for all.
5. Remember that we are talking about a Chickweed Salve here. Is the purpose of this indictment to protect the public or to punish those citizens who don’t kneel at the pointy end of a bureaucrat’s pen (and, in this case, firearm)?

<End of BACKGROUND. Now the COUNTS (charges).>

COUNT 1 18 u.s.c. § 372

Not more than 6 years imprisonment, $250,000 fine, and 3 years supervised release

17. Paragraphs 1 through 16 of this Indictment are re-alleged and incorporated by reference as though fully set forth herein. [This phrase is repeated throughout, I guess a bureaucratic requirement.]

18. On or about November 21, 2013, in Bath County, in the Eastern District of Kentucky, SAMUEL A. GIROD knowingly and willfully conspired with others to prevent, by force, intimidation, and threat, FDA Compliance Safoty Officers (“CSOs”) N.L.P. and M.D.S. from discharging the duties of their offices, trust, and places of confidence under the United States; and to induce, by force, intimidation, and threat, FDA CSOs N.L.P. and M.D.S. to leave the place where their duties as officers of the United States were required to be performed.

MANNER AND MEANS OF THE CONSPIRACY
The manner and means used to accomplish the objectives of the conspiracy included, among others, the following:

19. Members of the conspiracy, including GIROD, physically surrounded N.L.P. and M.D.S. when they arrived to inspect GIROD’s establishment pursuant to the injunction.

NOTES: The Amish surround everyone who visits. They like to hear the conversation, they like to participate and to ask questions. They are not shy, nor are they armed or threatening in any way shape or form. This claim is positively ludicrous. Go visit an Amish family or church and start a lively conversation. You’ll be surrounded shortly.

I don’t know the details on the following 3 points but I can tell you that Sam and his family are always polite and non-threatening. You have to know them… I do.

20. Members of the conspiracy, including GIROD, obstructed N.L.P.’s and M.D.S.’s attempts to gather information about GIROD’s establishment.

21. Members of the conspiracy, including GIROD, prevented N.L.P. and M.D.S. from inspecting GIROD’s establishment.

22. Members of the conspiracy, including GIROD, demanded that N.L.P. and M.D.S. leave GIROD’s establishment. All in violation of 18 U.S.C. § 372.

COUNT 2 18 u.s.c. § 1505

Not more than 5 years imprisonment, $250,000 fine, and 3 years supervised release.

23. Paragraphs 1 through 22 of this Indictment are re-alleged and incorporated by reference as though fully set forth herein.

24. On or about November 21, 2013, in Bath County, in the Eastern District of Kentucky, SAMUEL A. GIROD corruptly, by threats and force, and by threatening communication, influenced, obstructed and impeded, and endeavored to influence, obstruct, and impede the due and proper administration of the law under which a pending proceeding was being had before the FDA, all in violation of 18 U.S.C. § 1505.

NOTES: By threats and force? Not Sam. You can bring in character witnesses galore. I’ll bet even the jailers will be testifying on his behalf after his vacay at the prison on Old Frankfort Pike.

COUNT 3 21 u.s.c. § 33l(p)

Not more than 3 years imprisonment, $250,000 fine, and I year supervised release.

25. Paragraphs I through 22 of this Indictment are re-alleged and incorporated by reference as though fully set forth herein.

26. In or about September 2013, and continuing through in or about July 2015, in Bath County, in the Eastern District of Kentucky, SAMUEL A. GIROD, with the intent to defraud or mislead, operated an establishment at 409 Satterfield Lane, Owingsville, KY 40360, at which location GIROD manufactured, prepared, propagated, and processed Chickweed Healing Salve, TO-MOR-GONE, R.E.P., and products similar in composition and effect, and which GIROD had failed to register with the United States Food and Drug Administration in accordance with 21 U.S.C. § 360, all in violation of 21 U.S.C. §§ 33 l(p) and 333(a)(2).

NOTES: Didn’t we just cover this? NOT DRUGS, so NOT UNDER FDA jurisdiction.

COUNT 4 21 U.S.C. § 331(a)

Not more than 3 years imprisonment, $250,000 fine, and I year supervised release.

27. Paragraphs 1 through 22 of this Indictment are re-alleged and incorporated by reference as though fully set forth herein.

28. On or about September 27, 2013, in Bath County, in the Eastern District of Kentucky, and elsewhere, SAMUEL A. GIROD, with the intent to defraud or mislead, introduced and delivered for introduction into interstate commerce a quantity of Chickweed Healing Salve, which was misbranded in that it: (a) was manufactured, prepared, propogated, and processed in an establishment that was not registered with the FDA; and (b) failed to bear labeling containing adequate directions for use; all in violation of21 U.S.C. §§ 33l(a) and 333(a)(2).

NOTES: They are saying that Sam — with intent to defraud — sold a quantity of Chickweed Salve over state lines. So, again, not a drug therefore not subject to FDA regulations with regard to registering his establishment and labeling.

COUNT 5 21 U.S.C. § 331(a)

Not more than 3 years imprisonment, $250,000 fine, and I year supervised release.

29. Paragraphs I through 22 of this Indictment are re-alleged and incorporated by reference as though fully set forth herein.

30. On or about October 14, 2013, in Bath County, in the Eastern District of Kentucky, and elsewhere,Case: 5:15-cr-00087-DCR-REW Doc #: 1 Filed: 10/01/15 Page: 9 of 15 – Page ID#: 9 SAMUEL A. GIROD, with the intent to defraud or mislead, introduced and delivered for introduction into interstate commerce a quantity of Chickweed Healing Salve, which was misbranded in that it: (a) was manufactured, prepared, propogated, and processed in an establishment that was not registered with the FDA; and (b) failed to bear labeling containing adequate directions for use; all in violation of 21 U.S.C. §§ 33 l(a) and 333(a)(2).

NOTES: Not a drug therefore not subject to FDA regulations.

COUNT 6 21 U.S.C. § 33l(a)

Not more than 3 years imprisonment, $250,000 fine, and I year supervised release.

31. Paragraphs 1 through 22 of this Indictment are re-alleged and incorporated by reference as though fully set forth herein.

32. On or about October 14, 2013, in Bath County, in the Eastern District of Kentucky, and elsewhere, SAMUEL A. GIROD, with the intent to defraud or mislead, introduced and delivered for introduction into interstate commerce a quantity of TO-MOR-GONE, which was misbranded in that it: (a) was manufactured, prepared, propogated, and processed in an establishment that was not registered with the FDA; (b) failed to bear labeling containing adequate directions for use; (c) failed to bear labeling containing such adequate warnings against use in those pathological conditions where its use may be dangerous to health or against unsafe dosage or methods or duration of administration or application, in such manner and fonn, as are necessary for the protection of users; and (d) was dangerous to health when used in the dosage or manner or with the frequency or duration recommended or suggested in the labeling thereof; all in violation of21 U.S.C. §§ 33l(a) and 333(a)(2).

NOTES: Same as above only for TO-MOR-GONE which contains bloodroot. Sam complied with all labeling requirements. Are there specific labeling requirements for bloodroot salve? I don’t know. I am confident Sam would comply with those, too.

COUNT 7 21 U.S.C. § 331(a)

Not more than 3 years imprisonment, $250,000 fine, and I year supervised release.

33. Paragraphs 1 through 22 of this Indictment are re-alleged and incorporated by reference as though fully set forth herein.

34. On or about November 13, 2013, in Bath County, in the Eastern District of Kentucky, and elsewhere, SAMUEL A. GIROD, with the intent to defraud or mislead, introduced and delivered for introduction into interstate commerce a quantity of Chickweed Healing Salve, which was misbranded in that it: (a) was manufactured, prepared, propogated, and processed in an establishment that was not registered with the FDA; and (b) failed to bear labeling containing adequate directions for use; all in violation of 21 U.S.C. §§ 33l(a) and 333(a)(2).

NOTES: All together now: not a drug, not under the purview of the FDA.

COUNT 8 21 U.S.C. § 331(a)

Not more than 3 years imprisonment, $250,000 fine, and I year supervised release.

35. Paragraphs I through 22 of this Indictment are re-alleged and incorporated by reference as though fully set forth herein.

36. On or about November 13, 2013, in Bath County, in the Eastern District of Kentucky, and elsewhere, SAMUEL A. GIROD, with the intent to defraud or mislead, introduced and delivered for introduction into interstate commerce a quantity of TO-MOR-GONE, which was misbranded in that it: (a) was manufactured, prepared, propogated, and processed in an establishment that was not registered with the FDA; (b) failed to bear labeling containing adequate directions for use; (c) failed to bear labeling containing such adequate warnings against use in those pathological conditions where its use may be dangerous to health or against unsafe dosage or methods or duration of administration or application, in such manner and form, as are necessary for the protection of users; and (d) was dangerous to health when used in the dosage or manner or with the frequency or duration recommended or suggested in the labeling thereof; all in violation of 21 U.S.C. §§ 331 (a) and 333(a)(2).

NOTES: Sam took all health claims off his products for sale to the public. Not a drug.

COUNT 9 21 U.S.C. § 331(a)

Not more than 3 years imprisonment, $250,000 fine, and 1 year supervised release.

37. Paragraphs I through 22 of this Indictment are re-alleged and incorporated by reference as though fully set forth herein.

38. On or about November 13, 2013, in Bath County, in the Eastern District of Kentucky, and elsewhere, SAMUEL A. GIROD, with the intent to defraud or mislead, introduced and delivered for introduction into interstate commerce a quantity of R.E.P. [now Sine Eze, essential oils] which was misbranded in that it: (a) was manufactured, prepared, propogated, and processed in an establishment that was not registered with the FDA; and (b) failed to bear labeling that contained a listing of each active ingredient; all in violation of 21 U.S.C. §§ 33l(a) and 333(a)(2).

NOTES: Sam has followed and will continue to follow all labeling requirements for products for sale to the public. Not a drug so not required to register with the FDA.

COUNT 10 21 U.S.C. § 331(a)

Not more than 3 years imprisonment, $250,000 fine, and I year supervised release.

39. Paragraphs 1 through 22 of this Indictment are re-alleged and incorporated by reference as though fully set forth herein.

40. On or about November 13, 2013, in Bath County, in the Eastern District of Kentucky, and elsewhere, SAMUEL A. GIROD, with the intent to defraud or mislead, introduced and delivered for introduction into interstate commerce a quantity of TO-MOR-GONE, which was misbranded in that it: (a) was manufactured, prepared, propagated, and processed in an establishment that was not registered with the FDA; (b) failed to bear labeling containing adequate directions for use; (c) failed to bear labeling containing such adequate warnings against use in those pathological conditions where its use may be dangerous to health or against unsafe dosage or methods or duration of administration or application, in such manner and form, as are necessary for the protection of users; and (d) was dangerous to health when used in the dosage or manner or with the frequency or duration recommended or suggested in the labeling thereof; all in violation of 21 U.S.C. §§ 33 l(a) and 333(a)(2).

NOTES:
a) Not a drug so not required to register with the FDA
b, c) Has followed and will continue to follow labeling requirements for products sold to the public
d) Has it been established that bloodroot is dangerous to health when used in the dosage or manner, etc. recommended? Would like to see those studies.

COUNT 11 21 U.S.C. § 331(a)

Not more than 3 years imprisonment, $250,000 fine, and I year supervised release.

41. Paragraphs I through 22 of this Indictment are re-alleged and incorporated by reference as though fully set forth herein.

42. On or about January 10, 2014, in Bath County, in the Eastern District of Kentucky, and elsewhere, SAMUEL A. GIROD, with the intent to defraud or mislead, introduced and delivered for introduction into interstate commerce a quantity of Chickweed Healing Salve, which was misbranded in that it: (a) was manufactured, prepared, propogated, and processed in an establishment that was not registered with the FDA; and (b) failed to bear labeling containing adequate directions for use; all in violation of 21 U.S.C. §§ 33 l(a) and 333(a)(2).

NOTES: Not a drug so not required to register with the FDA. Sam has followed and will continue to follow all labeling requirements for products for sale to the public.

COUNT 12 18 U.S.C. § 1512(b)(2)(A)

Not more than 20 years imprisonment, $250,000 fine, and 3 years supervised release.

43. Paragraphs 1 through 22 of this Indictment are re-alleged and incorporated by reference as though fully set forth herein.

44. On or about December 15, 2014, in Bath County, in the Eastern District of Kentucky, and elsewhere, SAMUEL A. GIROD knowingly threatened, attempted to threaten, and attempted to corruptly persuade M.M., and engaged in misleading conduct toward M.M., with the intent to cause and induce M.M. to withhold records and documents from an official proceeding, to wit, the investigation of a federal grand jury in the Eastern District of Kentucky, all in violation of 18 U.S.C. § 1512(b)(2)(A).

NOTES: M.M. is not identified in the 28,000 pages of discovery docs as is required by law, so not possible to investigate. Sam absolutely denies he did this. And he does not threaten. Character witnesses galore.

</end of Indictment>

PENALTIES
COUNT 1: Not more than 6 years imprisonment, $250,000 fine, and 3 years supervised release
COUNT 2: Not more than 5 years imprisonment, $250,000 fine, and 3 years supervised release.
COUNTS 3-11: Not more than 3 years imprisonment, $250,000 fine, and I year supervised release.
COUNT 12: Not more than 20 years imprisonment, $250,000 fine, and 3 years supervised release.
PLUS: Mandatory special assessment of $100 per count.
PLUS: Restitution, if applicable.

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Sally Oh

Sally Oh

Sally Oh is a native Kentuckian, wife, mother, blogger, homesteader, chickenista, recovering REALTOR® and Functional Medicine Practitioner. A liberty activist and registered voter, that’s her falling down a rabbit hole.
Sally Oh

50 comments to KY Amish Farmer Jailed over a Salve Label; the FDA Wants Him Jailed for Life

  • Cindi

    Is Mr. Girod being held in jail awaiting trial, or was his incarceration temporary? Either way it is an overstep, but I am unclear on facts. Thank you.

  • Bonnie Smith

    Is this case going to be tried in Bath county on the 27th

  • Bonnie Smith

    This case needs wide spread media. Have you tried getting it on the Dr. PHIL SHOW. PEOPLE DON’T WANT TO BELIEVE THIS IGNORANCE GOES ON UNTIL THE FEDS GO AFTER THEIR OWN FAMILY .

  • Mel Thornburg

    All the products DO exactly what they say! That’s what the FDA can’t stand! If they can’t own IT they don’t allow IT! In FACT Gov’t officials OWN almost all patents for every drug used ONLY to treat your SYMPTOMS real AIDS they gave everyone ALWAYS CAUSED!

    US funds NO research into plants or mushrooms medicine because they don’t want people getting better! Go to NIH reporter to see where YOUR money is doled.

    You people are Slaves to Pharmus whores giving everyone real AIDS for decades, calling IT syndromes, psych, cancer and addiction and have denied YOU TRUTH and real treatment for the REAL cause since 1930, when they began giving everyone real AIDS.
    https://m.facebook.com/story.php?story_fbid=10207454356991238&id=1657389649&ref=m_notif&notif_t=like

    Now they despise the people reporting the REAL Science and tell you they are all your enemies….
    https://www.ncbi.nlm.nih.gov/pubmed/26196691

    Your nation is run by thieves and you have nothing but Medi Sin!

  • Kevin Box

    Anybody know where I can get some of his salve? I would love to try it on my eczema.

  • Leon Moyer

    Sally O: You admit they have grounds to charge him with making and selling “drugs” in section 7 as copied below, yet you pretend they aren’t drugs!! Pretending will not make it so, when you are on government’s home turf, you play by their rules, and the only way to win is to use their own rules against them and in your favor! It can usually be accomplished!! You wrote:

    7. The FDCA defined a “drug” as an article that was: (a) intended for use in the diagnosis. cure, mitigation, treatment, or prevention of disease in man; and/or (b) intended to affect the structure or any function of the body of man. See 21 U.S.C. § 321(g)(l)(B) and (C). Chickweed Healing Salve, TO-MOR-GONE, and R.E.P., were “drugs,” as defined within the FDCA.

    • They were only defined as drugs when his label was claiming a cure for cancer. Once the label was changed, they were no longer defined as drugs. Does that makes sense?

      Yes, you can only win by their rules. We can perhaps agree that has nothing to do with justice.

  • Yiskah

    I love these products and depend on Sine-Eze to clear my awful sinus problems due to the chemicals the corporation that the prosecutors represent allow to be sprayed in our air via jets and other aircraft. They go after the healers and protect those that harm. Shame on them.

  • James morrison

    I work at a farm store ND have had many conversations with Sam and many of the other Amish of the area and would gladly be a character witness for him these claims are rediculous and should be thrown out of court

  • Jennifer

    The government can and will do ANYTHING they want! It’s disgusting!!

  • Has anybody talked to the Bath County Sheriff? It is his/her jurisdiction and they are responsible to protect the citizens of Bath County from this type of abuse by an agency that has no business in Bath County.

  • Cathy

    It is truly shameful that this happens. The feds have gotten way “too big for their britches” these days… not just for this, but for many other travesties against family run farms over the past decade. I hope that this man can get a truly fair trial and will be cleared of all charges. I also hope that this kind of bullying will be stopped under our new administration.

  • Candy

    This is a sign of the times..the world is sue happy…

  • Shelly

    This is ridiculous! God put natural healing on this earth for a reason. Damn government wants to controls everything. My partners used to buy things from Sam. I grew up just about two miles from where he used to live in Indiana. My mom got some type of drink from him that caused the intestinal worms she had to die and be passed when she used the toliet.

  • Lisa

    There are thousands of bottles of different vitamins sold everyday and they are not controlled by the FDA because they are not a food or drug. Yet they can sell vitamins and we don’t even know what we are taking. This is the craziest thing I’ve ever heard of. A product that worked so well that it was taking away doctors business. That’s the real reason this man is being jailed.

  • Becca Baxter

    So what can we do to help? This is ridiculous! The FDA is ok with such poisons as what ever the heck is in a can of Mountain Dew but holistic practices come under fire!?! This is maddening!!!

  • SMS

    I did not know the FDA was still pursuing this. What a waste of money. I have used the REP for years. We have illegal drug activity all over this area. The government needs to put its resources elsewhere and the FDA needs to get the heck out of Bath County!

  • Terry Steiden

    The FDA and most other government agencies are out of control. I think Trump’s proposal to cut 20% of federal jobs is a good start.

  • Elise Vaughn

    This is utterly crazy, this poor man and his family! I have used Sam’s salves in the past and they are wonderful.

    I also know this family personally as well as Sam’s brother Joe, Josephine and their children. Couldn’t find a nicer bunch of people. The Amish have always been welcoming and would do anything they could to help you.

    I’m saddened by this.

  • Steve Popyach

    This man and his family are honest, hard-working farmer , prayers for the entire family

  • Roxanne

    I believe this is happening because big drug company’s do not want us to use any thing that they are not selling they want it all to them selves

  • CL

    Being a resident of Bath county, Ky this story hits close to home. I worked in a store/deli where the chickweed salve was sold and used. I’m bewildered that such legal action has been taken against the makers of such a miraculous salve. I love the stuff. It’s beyond upsetting.

  • Chris

    FDA needs to back off, they pass drugs with so many side effects that kill people. I think big pharma and the FDA need to stop harassing people trying to provide for themselves. We the people don’t seem to have much say so.

  • Pam Hofer

    The FDA needs to pick on the drug companies killing people every day, not
    A Amish farmer or any farmer for that matter. I have used these products and they
    Are great. FEDS go home and leave Kentucky alone.

  • Timothy

    Unconstitutional over reach by the Federal government. Who would have thunk it? It’s stuff like this that makes me distrust the government and wonder if the by the people for the people is an illusion nowadays.

  • Rita

    This is just outrageous. I liked the Chickweed it was the only thing that would get rid of my Chiggers when nothing else did and I had no side effects.

  • sharon

    It’s a shame that something that has been used for 100’s of years is being branded wrong by the government. These old time remedies are far better than some of modern medicine. It’s a shame that people trust their heritage. The heritage that our grandmother’s and grandfather’s past on. We have used too many modern meds. Do people not listen to the commercials for drugs the side effects are ridiculous. And all drugs are processed thru the kidneys or liver, you are killing your organs. Don’t get me wrong I believe in modern medicine, but isn’t it better to only use them when nothing else works

  • Lu Ratliff

    I had no idea all this went on. We love the Chickweed Salve, and the R.E.P. is amazing!! It actually helps my migraines.

  • Donna Lively

    Knock it off the people are sick of you guys

  • Cheryl

    Has he contacted his Federal Congressman or Representative? They can sometimes provide some assistance with harassment

  • CG

    NOOOOO!!! This ticks me off to the max!!!! I was so sad to hear this last year, that they made them remove it and the maker may be jailed. WRONG!! JUST WRONG!!! This Amish salve “was” the best stuff EVER!!! FDA should be begging to buy the recipe instead of jailing the Amish man!!! I knew I should have bought all of it off the shelves on my visits to KY!!

  • I agree with all you say. The search thing was especially infuriating.

  • Bruce

    My dad used the chickweed salve to good effect. I’d say it was at least as safe and effective as most of the FDA approved drugs.

    The viciousness of the FDA in this case makes me wonder if these products aren’t extremely effective. Sadly, at this point, I now believe that the FDA protects their own federal fiefdom and (to use their own terminology from internal FDA documents) their clients, by which they’re referring to the large drug companies.

    This case is absolutely infuriating. The Western District of Missouri? I’d like to see this case tried in Bath County, where these alleged crimes allegedly occurred. I’d like to see Sam get a jury of his peers, including perhaps another Amish person, some local farmers who have had a belly full of USDA and FDA regulatory meddling and stomping on small family farms to the benefit of big agricultural conglomerates, etc.

    The requirement for Sam to voluntary waive his right to be secure from warrantless searches and seizures was a nice touch. I guess when you represent an all powerful feral government agency with no accountability, you are free to make such outrageously unconstitutional demands of the persecuted.

    There are countless examples every day of how government agencies that were presumably established to protect the people are causing us great harm.

    This is almost enough to make me want to study law and seek a seat on the bench. As the judge in this case, my instructions would be, “Bailiff, whack the counsel for the FDA on the pee pee for bringing this travesty into my court.”

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