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Complete (Condensed) Story: FDA vs. Samuel Girod

First, please sign and share the petition here: bit.ly/freeamishsamFor a more detailed version of Sam’s story plus links to documents, click hereFeel free to copy, share and use as you like.

Samuel Girod's all-natural herbal products

Samuel Girod [G as in Gee: gi-ROD] and his family have been making and selling three all-natural herbal products for nearly 20 years.

No one has ever been harmed by the products; the Girods have pages of testimonials and scores of repeat customers.

Similar products are currently made and sold online worldwide (including on Amazon) by other people using the same or similar basic ingredients. The recipes are online as well, you can make them in your kitchen.

How It Started

In 2001, an FDA agent informed Sam that his product labels were making medical claims regarding healing certain conditions. At the time, Sam’s label said, ““[g]ood for all skin disorders. Skin cancer, cuts, burns, draws, and poison ivy.”

Sam had to change his label, removing the skin cancer claim specifically, or do very expensive testing proving the claims. Sam changed the label, removing any reference to skin cancer.

The MO Injunction

Sam did not receive any further communication from the FDA until 2012 when someone called the FDA and reported that a store in MO was selling Sam’s products and that medical claims were being made.

The “medical claims” were in fact customer testimonials contained in a brochure about Sam’s products! These testimonials are no different than Amazon reviews, yet, since Sam reprinted his customer testimonials in a brochure, the FDA calls these “medical claims” which puts Sam’s products under their jurisdiction.

So sayeth the FDA.

Then the FDA claimed to have found a MO customer who had been harmed by Sam’s bloodroot salve.

In early 2013, based on the brochures and the claim of harm, the FDA took Sam to federal court in MO.

During investigation on this action, FDA agents went to Sam’s home and demanded a warrantless search. Wanting to be cooperative, Sam said OK on one condition: that no photographs were taken (Sam’s Amish community are religiously opposed to photography). The agents said no problem, no photos.

Then they got on the property, whipped out their cameras and took photos of everything. This did not go over well with the Amish.

Also, as the MO court case proceeded, the Girods discover that, not only was the alleged injured party never identified, the bloodroot salve used by the victim wasn’t even Sam’s!

Yet the federal judge in MO put an injunction on Sam’s products with three stipulations:

  1. none could be sold until all medical claims were removed (referring to the brochures);
  2. Sam’s bloodroot salve could never be sold again EVER (1); and
  3. Sam had to allow inspection of his property where the products were made FOR FIVE YEARS.

Sam complied with 1 and 2: he stopped selling the bloodroot salve and stopped using the brochures. He was not so compliant with the searches.

Sam Refuses the 2nd Search

(This refusal is what lead to Counts 1 & 2 in the indictment)

In late 2013, after the injunction was issued, FDA agents came to do a second search. Sam informed them that nothing had changed since the first search 7 months earlier, and that, since they had lied and taken photos during the first search, they were not welcome to do a second.

The FDA agents had a Bath County Sheriff’s deputy along with them. This sheriff witnessed the entire event and eventually told the agents to leave the property.

The Products

Sales of these three products — Chickweed Salve, Sine Eze (an essential oil inhaler) and To-Mor-Gone (bloodroot salve) — are how Sam’s family had made their living for 20 years. No victims, scores of repeat customers.

The only thing that gave the FDA jurisdiction over Sam’s products is the FDA’s definition of the word “drug”. In fact, the entire case hinges on this definition.

Because Sam made what the FDA considers “medical claims”, the FDA says that classifies his products as “drugs” and gives them jurisdiction.

Even though both the FDA and Sam had his products tested in independent labs and all parties agreed that there were no drugs in the products, that they were made from all-natural plant-based materials… simply because he’d made “medical claims”, the FDA got to classify them as “drugs” and claim jurisdiction.

When Sam removed the medical claims (the brochures), these same products went back to being natural salves and the FDA lost jurisdiction.

So, even though the MO judge had not lifted the injunction (possibly because of Sam’s refusal to allow the 2nd search), the Girods started selling their products again.

At some point in the next year, Sam started a legal private membership club and sold his products to members via that framework. Perfectly legal and the Girods believed this allowed them to sell the products despite the injunction.

The Indictment

Meanwhile, the FDA started criminal proceedings against Sam for disobeying the injunction (selling his products and refusing the search) plus two other very serious charges:

1. The FDA agents claimed that, when they came for the 2nd search in late 2013, Sam and his family threatened them with physical violence. If you have any experience at all with the Amish, this is ludicrous enough. Plus, the Sheriff’s deputy testified under oath that absolutely no threats were made, nobody was violent and that essentially, the FDA agents had lied under oath.

2. The FDA also charged Sam with witness tampering. The witness who was supposedly tampered with? Read the eyewitness account of Mary Miller’s testimony, link below. (2)

The Trial 2.27.17

The Amish do not use lawyers as a rule and Sam did not. This is a decision made by the community, not just the accused. Apparently the Amish don’t trust lawyers. Imagine that.

Because he barely presented a defense against federal prosecutors for whom money and conscience are not problems, Sam was convicted on all counts. (3)

The judge ordered Sam to remain in jail until sentencing on 6/16/17. He’s been in jail since late January 2017.

Had Sam had a good attorney, he would certainly have been acquitted on the most egregious counts (threatening federal agents and witness tampering). These charges were clearly manufactured solely to make Sam into a “real” criminal, with the FDA being the only victim.

The only other charges — selling “drugs” across state lines — were manufactured out of whole cloth as well. The FDA’s own tests proved that the products were not drugs, that they were made from all-natural ingredients!!! These charges should have been dismissed from the start.

On 6/30, Sam was sentenced to 6 years in prison and $14,000 in fines/restitution (although nobody asked for restitution. Because there are no victims. Read about the sentencing here.


Burning Questions

  • How does the FDA get away with determining what constitutes a “medical claim”?
  • How are they able to define “drug” so broadly that a topical salve made from all edible ingredients becomes a “drug?”
  • Why are Amazon reviews ok but Sam’s customers’ testimonials a basis for criminal charges?
  • How is the FDA able to create criminal penalties for violation of arbitrary rules?
  • How does this kind of action against an Amish grandfather making salves from all-natural ingredients protect the public, particularly considering that every 19 minutes, someone dies from an FDA-approved pharmaceutical, an actual drug that has been tested and “proven safe”?
  • How will Sam’s incarceration make the American public any safer?
  • Considering that no one was harmed by his products, how has spending millions of dollars on Sam’s prosecution and 16 years of harassment made the world a better place?

How about if Americans make healing claims on our products with the disclaimer, “These claims have not been scientifically proven. Please use your internet and library to verify claims to your own satisfaction prior to use.”

Sam’s prosecution is a prime example of bureaucracy run amok, enforcement for enforcement’s sake to justify an agency’s existence.

There are literally thousands of people in jail (4) for breaking agency regulations fabricated by the agencies! Their rules and regulations are as arbitrary and illegal as they can be, with the result of making us all criminals in our own homes.

Who exactly is being protected here?

Please continue to contact your representatives, details here.


Resources:


(1) In the indictment, bloodroot is repeatedly referred to as “dangerous” with no documentation whatsoever. Bloodroot is from a plant grown in North America, it’s perfectly legal and used by millions of people for centuries for healing purposes. Bloodroot products are sold all over the internet, including on Amazon.


(2) Mary Miller is the 2nd witness called: http://www.kyfreepress.com/2017/03/trial-fda-v-samuel-girod-day-2/


(3) Trial Day 1, Trial Day 2, Trial Day 3


(4) http://thefreedomcoalition.com

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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

74 comments to Complete (Condensed) Story: FDA vs. Samuel Girod

  • AlaskaKathryn

    Some asshole wanted to collect as a whistle blower. Terrible.

  • He’s in jail and Trump is tweeting garbage. This is not my America. Traditional medicine is Constitutionally protected in the first place, Girod complied until the FDA forced entry for unnecessary searches after he had complied, and the FDA doesn’t have any baseline for regulating natural products so until they do, they have no reason to be messing around in this. So they don’t want people to make “medical” claims? Fine, Girod removed the medical claim. Now go away, FDA. Stay out of my garden, stay out of my natural methods.

  • Bernice Bajda

    Set this man free! What is wrong with our country when a man is jailed under these circumstances. All involved in framing this man should be fired and jailed. We have drug dealers and murders doing less time. Our drugs companies legally murder more people daily and get away with it all because of $$$$$.

  • Patricia Whiteside

    I fight daily with fools with vested interests in making money not making people well. I hope Sam is out of prison real soon and those fools get locked up instead.Maybe if they develop a skin cancer someone might smuggle in some blacksalve for them to treat it. Maybe Sam might go and visit them and drop some off. Jesus Christ is real and in His Name we are set free, healed and delivered! Go to Surveillanceissues.com.au to check out some of the mind bending technologies they use to stuff people up. These people are bullies and cowards. Woe to those who persuecute the righteous servants of God.

  • Greta F. Jarboe

    This is ridiculous and obsurd, they simply went after him and convicted him for helping people, just as they did Jesus, they nailed him to the cross. The government is evil!! They went after him for being a holy person. This world is evil.

    • I absolutely agree. If Sam had even somewhat of a Cancer cure the government would be against him because if that’s cured, it would mean less government revenue. I understood it to say that some product or products for which they convicted him for weren’t even his. Also, he’s Amish and unaware; as is his family; so this is definitely unjustified.

  • Donna Rogers

    My Sister has very bad arthritis they gave her something called Humera 9 a newer drug that i believe was fast tracked thru FDA process. she said for 2 months it helped her. then she nearly died from it sheis still not the same i am so mad.

  • Debbie

    Sorry…I posted a link incorrectly. Meant to link about the murdered holistic doctors.
    Holistic doctors murdered for past two years! It’s being reported on all the holistic news feeds but nowhere else.
    They even killed the doctor who saved Suzanne Somers life (Nicholas Gonzales). They call them all suicides
    Dr.Joseph Mercola and Erin at Health Nut News report all the time on this topic.
    As well as Foster Gamble. He and his wife Kim run Thrive.
    Foster left his family Proctor and Gamble when he realized they were part of the corrupt establishment.
    http://www.thrivemovement.com/who-killing-healers-and-why.blog

  • Debbie

    They have been murdering holistic doctors for over 2 years now;
    around 70 so far I believe. Especially targeting the alternative vaccine and autism research doctors.
    Things are getting crazy the world is turning upside down.
    They are calling evil good and good evil…just like the Bible says will happen in end times.
    I wish all American’s would stand up and fight like this man…they cannot jail us all or maybe they can.
    https://www.facebook.com/HealthNutNews/posts/1807190182629494

  • Jeannie N

    This is just unbelievable to me. There are many natural things that are healing but the FDA doesn’t make money on these. There is even a scripture in the bible.

    Ezekiel 47:12 – And by the river upon the bank thereof, on this side and on that side, shall grow all trees for meat, whose leaf shall not fade, neither shall the fruit thereof be consumed: it shall bring forth new fruit according to his months, because their waters they issued out of the sanctuary: and the fruit thereof shall be for meat, and the leaf thereof for medicine.

    There is also a verse in the bible “Healing is in the trees”. God has given us these plants for our healing.

    This is just one more example of control issues by the FDA, Monsanto, the government. I am convinced if there was a natural cure for cancer we won’t hear about it. Think about it? The multi billion dollars that would be lost by all the treatment centers for this disease. It all boils down to money and if some poor Amish man has to be sacrificed then so be it.

    I thank God for you Sally that you are fighting for this cause. Someone needs to.

  • Norman Stillwell

    A TRAVESTY.

  • Joseph Morrow

    What is a “medical claim?

    Just because a substance operates as a cure doesn’t mean it has anything at all to do with medicine!

    The vast majority of us have been indoctrinated while we were being raised to assume at least two things:

    1) If something causes the cure of a disease or an ailment, then it must be medicine;
    2) If something relates to Almighty God or to Jesus Christ, then it must be religion.

    Wrong and wrong!

    Treating our own bodies and minds in healthy ways that have been known for thousands of years is far better than medicine. The Best Source of HOW to behave in ways that are healthy to self and mutually beneficial to others is The Holy Bible itself, untainted by theology or religion.

    What is the FDA really for anyway? Why one federal agency to oversee both food and drugs, as well as other substances and products? Look at the FDA’s own Mission Statement. Which is mentioned first, food or drugs? DRUGS! It’s almost as if healthy food is an afterthought!

    Look at it this way: Which industry controls the most wealth and wields the most influence, the food industry or the drug industry? What incentive is there, then, to make sure foodstuffs are as healthy as they ought to be?

  • Maddie Grammer

    GO AFTER THE JUDGE. GET HIM OUT OF OFFICE AND WE THE PEOPLE ARE SPEAKING.

  • Marianne T. Sites

    The main thing Trump can do to help is to abolish the unconstitutional, outrageous and false claim that “only a drug can prevent a disease, TREAT a disease, or cure a disease”, as the FDA HAS NOT ONE DROP OF EVIDENCE TO PROVE THE TRUTH OF SUCH A PREPOSTEROUS CLAIM. No one will be safe in AMERICA UNTIL THIS ABUSE OF POWER BY WAY OF THIS UNPROVEN STATEMENT IS ABOLISHED, as, the FDA has to have all knowledge of all substances, drug and natural, in order to make such a claim, AND IT DOES NOT have all knowledge pertaining to these, NOR can they produce it. This manipulative statement masquerading as a protective tool, is purely about about abuse of power, and has not proven protection, rather, just the opposite. Now, the FDA has gotten away with abuse of power because WE THE PEOPLE enable it. No perpetrator can have power to abuse with an Enabler. US. No one has called the FDA to ACCOUNTABILITY on this. KEVIN TRUDEAU tries. But he is the only other American I know of that has taken a huge stand against them, and then he was thrown in jail for similar outrageous reasons. He was also fined a rediculous amount of money ($49,000?) for simply claiming that the HCG Protocol (for weight loss) is “easy”. It was “easy”. I used the HCG Protocol to lose 39 pounds. We The People can either create an army, or get Pres. Trump to OVERTURN this rediculous, audacious, preposterous, and ESPECIALLY UNPROVEN CLAIM that “Only a drug can treat, prevent, or cure a disease”. THAT WAS MADE A LAW PURELY FOR THE FDA’s MOTIVATION TO ABUSE POWER, AND THEY FELL TO THIS WEAKNESS BECAUSE THEY ARE FINAMCIALKY IN BED WITH THE DRUG COMPANIES. They should have no business interests here, for ethical reasons, BUT THEY DO. Now, the FDA employees are often innocent pawns of their higher-ups–it is the few in charge that have rebaked this havoc. If the FDA could no longer find pawn employees to do their dirty work, that would be good, but people work for them because they are convinced that the FDA is doing some good. Like Lucifer, the FDA mixes the good with the bad in order to get away with this abuse they continue. I personally see the FDA as the worst government agency we have. The Patk Service is next, removing access to public lands with resources that We The People have a right to access. Once our food, medicine, and land are under abuse of power, WE ARE NO LONGER FREE. Trump is certainly up against the worst corruption in American history. If he can overturn this law, he would be a hero like no other in my book. I am We The People. Let us stand together and not just fight for this innocent victim of the FDA’s abuse of power, but for forming a new agency of integrity and ridding ourselves of the FDA altogether. All FDA employees should look for a new job, and stop accepting bonuses and payoffs for furthering this mafia-like and pimp-like bullying of the innocent American.

  • So my grandson is left brain damaged from an FDA approved product and they did nothing, but a product that did not cause any damage can’t stay on the market?

  • Jacqueline Martensen

    What a crock of b…s… what happened to our freedom? This man needs to be released now and replaced with the stupid people that put him there.

  • Mar

    Sally, you need to contact Infowars(they have access to White House now), Health Ranger Mike Adams at naturalnews.com (their article on Azure Farm brought 40000 comments/protests and saved the farm from government sanctions recently). A few more alternative media sites, like John Rappaport, Mercola.com, Collective Revolution, breitbart, etc

    Ask them for help, they have millions of readers between them. Emphasize that there is no lawyer to protect Sam, so only people can do it.

  • Have you contacted the ACLJ about this? They take cases where the government infringes on people’s constitutional rights. ACLJ.org

  • Guy Komaclo

    Dear Sally,

    As a health practioner, since you are licensed in the State of Kentucky, I believe. Could you simply make a certificate on his behalf with many other practioners in the State, colleagues of yours to attest that the products are safe.
    You are a legal person on the field, he is not.

    Please comment.

    • There is no license required for my health coaching. However, the FDA has already confirmed that his products are safe, that there are no drugs in any products, that they are made with all natural herbal ingredients. The FDA is claiming “drug” status for his herbal salves solely on the basis that Sam is making “medical claims” AND — even more outrageous — that the “medical claims” were not actually made by Sam but by testimonials from users of his products!!! Seriously messed up.

  • Elizabeth Jarvis

    I think it would really help if you supplied a link to the petition where people can find it more easily. This man is going to need a lot of help to get out of this mess. Trump is not going to help him… he is pro-corporations, not individuals. The ACLU might take this case. It seems like someone has it in for this man.

    • The petition is at http://bit.ly/freeamishsam and there’s a link at the top of the page. I will put more links through out the story though — very good idea, thank you!!!

    • William Sawyer

      @ Sally Oh and Elizabeth Jarvis::// You’re totally wrong about President Trump. If you all sent him a message via Tweet or mail, I bet that you will get a response. He hates this kind of thing and will definitely help. I live in Tahiti and it’s too hard because they always say I need to be in an American Zip Code. Remember that all this came down under Obamas watch. This is probably the most ridiculous thing I’ve ever heard of in my life. I just can’t believe that this man has been in jail since February and a Muslim rapist is let go!!! Trump is really trying to change all of this corruption in the system but the libs just fight him at every turn. I don’t tweet, never have, but I will try and get this to Trump’s attention. You and everybody else can try from up there. The ACLU is a real good bet. Let’s get this man back to his family!!!!

      • Thank you, William. We are sending Trump LOTS of emails and tweets :)

      • “All this came down under Obama’s watch.” Really? I would look way past Obama if you care to be accurate. This attitude of the FDA predates Obama by, hmm, let’s say about 50-75 years! Most US presidents have been pro-business and have not touched this very sensitive and volatile issue.

  • JMBecker

    sounds like this poor person got in the way of money possibly made on a FDA product which would then have been stolen. I hope that the fair way of our Country will show that to cause this kind of “natural” help is what we are all about. Please reconsider, the Amish are peaceful and in need of understanding.

  • […] Complete (Condensed) Story: FDA vs. Samuel Girod […]

  • Margaret Johnson

    The FDA seems to be lying. TRump may not or may approve as he lies like a rug. But I’d thought better of the FadA than this.

  • […] Complete (Condensed) Story: FDA vs. Samuel Girod […]

  • I FIND THAT MOST FAD RULES AND REGULATIONS ARE ONLY IN PLACE NOT TO PROTECT THE PUBLIC BUT TO PROTECT THE OVER PAID PHARMACUTICAL COMPANIES.

  • Christine Gidley

    There is no link to sign the petition

  • Alice

    Hi,
    I’m sorry to say this, but Sam really should have hired a lawyer. The way you are trying to address this issue in inefficient.
    While Sam might have religious convictions that make him opposed to lawyers, it sure would be better than spending 68 years in jail.
    Basically Sam is now in a situation where he has to rely on the mercy of the judge, but clearly he has not done a very good job explaining himself or his actions to this judge so far.
    Bottom line: don’t mess around with federal officials. Hire a lawyer!

    • We tried to explain this to him till we were blue in the face but the community is against hiring a lawyer. We believe this is why the FDA goes after the Amish (there are many cases over the last decade). Easy prey.

  • cynthia cahoe

    Being from ky the fda is nut and thay should be shut down now if thay can kill us ever day then we should kill ever one of them shut them down now i hope the Amish kick your ass’s

  • kay kuhl

    This kind of thing has been done to many people and even some have been killed. It will not stop until the FDA is reined in. Please send a message to Donald Trump, asking him to have this man released and to rein in the FDA!

  • David Williams

    Little people building empires within an empire, deciding with their own limited knowledge and evidence cooked up this debacle, they themselves should face prosecution for all the lies and made up facts then for taking photos without permission in a private residence without a warrant

  • jaime perkins

    This doesn’t say much for the judicial system. I agree that the ultimate goal of
    the authorities may be to eliminate all natural remedies leaving the field of ‘medicines’ solely the ‘property’ of the big pharmas. Do I detect some racism here with regard to the Amish community? It all sounds too familiar, like the forced closures of farms making unpasturised (natural) cheese and other milk products.
    There seems to be little or no integrity present in these people either who purport to be serving the best interests of the people.This sort of injustice makes my blood boil.
    I wish Sam Girod all the best and hope for the best possible outcome.
    A friend from the UK.

  • K kunkel

    That should read “just wanted to know if you know if it is legitimate.”

  • K kunkel

    Sally, sorry to bother you two days in a row, but I noticed the gofundme page is missing. I now see one on generosity.com. I just wanted to knowing you know if it is legit. Anyone could have set it up using the names that have been published. Thank you for your time.

  • K kunkel

    Sally, I heard a small news snippet today about the FDA. It was something about them making some official pronouncement about item sold with claims to treat conditions that have not been tested. “Many of these are sold as herbal remedies”. They are ramping up something..or feeling the heat from our noise. Wanted to be sure you knew.

    • Thank you! They really want herbals and homeopathy and natural products to go away. Then we’d just be left with products from Big Pharma. I will do everything I can to prevent that from happening.

  • […] Sally Oh on March 30, 2017 | Comments 4 | Affiliate […]

  • […] Because he barely presented a defense against federal prosecutors for whom money and conscience are not problems, Sam was convicted on all counts. (3) […]

  • […] Sally Oh on March 30, 2017 | Comments 4 | Affiliate […]

  • Nancy Bell

    How ridiculous!

  • Mary

    This is an egregious act done an agency who decides the definition of “drugs”. Drugs can be legal prescriptions unless used by someone other than the person for whom the prescription is written and then term “drugs” seems to become an catchall for items they want to arbitrarily ban for use by the general population. I believe the agents of the FDA have some fairly green hands for being in such brown places to assert their “right” to infringe their arbitrary terminology upon items which are less harmful than the ant- acids and over the counter pain medication sold without the truth being told. This man has done nothing illegal but is being bullied by our own Federal Government agency. No surprise for me. Let the man go! The next time the FDA goes looking for wrong doing they should know they never have to look any further than their own backyard for the death of a some and permanent harm to many.

  • Betti Hofer

    Please release this man !

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