Precision Herbs: A Successful Challenge and Defense of a 1st & 14th Amendment

ProAdvocate has many stories of successful challenges and defense of attacks on our 1st & 14th Amendment Private Membership Associations.

One of the most striking in terms of illustration of the protection powers contained in the 1st & 14th Amendments is that of Precision Herbs.

In October, 2009, the FDA began a civil and criminal investigation against Precision Herbs, L.L.C., an herbal manufacturing and distribution company, with the end result being the complete shut-down of the business. After this occurrence, Precision Herbs contacted ProAdvocate Group to see what if anything could be done. After an in-depth explanation of what constitutes a Private Membership Association—including the constitutional protections afforded it in the private domain—along with our success rate over the years, Precision Herbs elected to join ProAdvocate Group, a private legal membership association and form its own Private Health Membership Association.

After review of their situation, a letter was sent to the FDA informing them that Precision Herbs, LLC would still exist and that all products manufactured by it would be sold exclusively to a new entity doing business as Precision Herbs, a Private Health Membership Association, which would conduct its business in the private domain starting November, 2009.

Furthermore, the letter stated that the FDA must respond with proper legal objections within ten (10) days or Precision Herbs would continue doing business as a private association. Shortly thereafter, Precision Herbs received a reply from the FDA stating the civil and criminal investigation had been terminated because of the defense strategies employed by ProAdvocate Group. To date there has been no further contact from the FDA or any other state or federal agency and Precision Herbs continues to conduct its business in the private domain unmolested by any state or federal authorities.