From: John Cannon [jcannon@anotherperspective.org] Sent: Friday, September 06, 2002 3:42 PM To: fdadockets@oc.fda.gov Cc: gary@commercialalert.org Subject: 02N-029-Request for Comments on First Amendment Issues Sirs, The Food & Drug Administration was created to represent and to protect the interests of the people of this nation. It is through the American people that the government is granted its many powers and it is only by the leave of the American people that it retains that power. Advertising in this nation has attained its great influence over the lives and health and habits of Americans nearly to the point of thought control, a danger often cited in books and stories but never addressed in today's media nor by the elected and unelected officials in government. When products can be sold without even one second of a thirty second ad being used to explain the benefits of that product but, instead, uses superficial images and short term desires and even shorter attention spans to sell it, then our government must use its power to help Americans make sense of the commercial world. A corporation is absolutely nothing but an organized system of production, sales, and control over particular markets and is meant only to create the largest possible profits for its owners with little regard for the process of that accumulation. This is not, on any level, a human being and, thus, should never be granted the rights and powers of a human being. A corporation is not a "person" and no amount of bribery, er, campaign contributions can ever make it so. To allot any Constitutional protections, necessary to the freedom and protection of the American people, to any portion of a simple economic system is to both debase the reality of individual human rights as well as to diminish the rights of real human beings. In particular, to allow corporations to enjoy First Amendment protections of free speech cedes to them a unmatchable power to control the debate in all areas of human functions. Precious few Americans can afford to purchase the media access that corporations so easily acquire and, frankly, abuse. Corporations only seek to create more and more consumers regardless of their age. They target our children in continuous waves on every TV channel and in every magazine and on every radio station and billboard. Our children are dangerously vulnerable to these ads and come to believe that one can only be happy with the newest toys and newest cosmetics and latest sugary treats. They come to believe that smoking is cool and that the consumption of large measures of alcohol is the only basis on which friends can congregate and enjoy themselves. They come to believe that people who are able to play children's games at a slightly higher level are people that they should idolize, adore, and purchase whatever product these minimally gifted characters are shilling for at the moment. In all respects, the FDA must begin the long process of reversing these sad and very harmful trends. It is the responsibility of every employee in the FDA, from the highest appointed employees in the biggest offices to the individuals who follow the directives from those offices to protect the health and minds of our children and of all Americans. The FDA has no other job than that. It is time to cease advertising prescription drugs. The government, out of one side of its mouth, proclaims drugs and drug addictions are the horrors of our age while, out of the other side of its mouth, allows the pharmaceutical industry to push drugs that alter a human's mental state in ways completely equal to the illegal drugs it so abhors. These drugs must not be advertised since so many Americans slavishly accept any claim made by this industry and then attempt to force their personal physician to give them drugs that may or may not be appropriate to that person's true medical needs. The FDA must ban all tobacco and liquor and gambling ads so that our children can grow up in a world where they, with the guidance of their parents, teachers, and spiritual leaders, can make intelligent, informed decisions about their own futures unclouded by the lies, half truths, and skillful manipulation of advertisers. The FDA was founded in order to protect the American people from the very corporations it now views as equals to actual human beings. That view must revert to one based in reality and back to one not created through the simple distribution of campaign funds and outright bribes. No longer can the FDA shill for corporations while pretending to protect the public's health. That must end immediately. In closing, while it is apparent that those appointed to the FDA by this administration were named to these posts solely because of their obedience to party and ideological purity, they must realize that their children and grandchildren are as equally damaged and controlled as the children of the families in the poorest neighborhoods in America. The time will come, regardless of religious beliefs, that they will be made to answer to a higher power for their actions and for the harm that they allowed and encouraged when they had the power to protect and heal. Each life that is lost to the sick pursuit of profit over the safeguards that the FDA is responsible to enforce is another life that they will answer for in full. John Cannon PO Box 162 Olancha, CA 93549-0162