Thursday, December 10, 2020

“Belief” is NOT a Medical Counter Measure

Through April 2020, the official recommendation by the Journal of the American Medical Association was unambiguous.  

 

“Face masks should not be worn by healthy individuals to protect themselves from acquiring respiratory infection because there is no evidence to suggest that face masks worn by healthy individuals are effective in preventing people from becoming ill.

 

https://jamanetwork.com/journals/jama/fullarticle/2762694

 

Part of that lack of evidence in fact showed that cloth facemasks actually increased influenza-linked illness.

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4420971/

 

In contravention to established science, States, municipalities and businesses have violated the legal requirements for the promulgation of medical counter measures during a public health emergency stating a “belief” that face masks limit the spread of SARS CoV-2.  To date, not a single study has confirmed that a mask prevented the transmission of, or the infection by SARS CoV-2.

 

All parties mandating the use of facemasks are not only willfully ignoring established science but are engaging in what amounts to a whole population clinical trial.  This conclusion is reached by the fact that facemask use and COVID-19 incidence are being reported in scientific opinion pieces promoted by the United States Centers for Disease Control and Prevention and others.

 

https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/cloth-face-cover-guidance.html

 

Social distancing of up to 6 feet has been promoted as a means of preventing person-to-person transmission of influenza-like viruses.  While one study (Werner E. Bischoff, Katrina Swett, Iris Leng, Timothy R. Peters, Exposure to Influenza Virus Aerosols During Routine Patient Care, The Journal of Infectious Diseases, Volume 207, Issue 7, 1 April 2013, Pages 1037–1046, https://doi.org/10.1093/infdis/jis773) hypothesized that infection could happen in a 6 foot range, the study explicitly states that person-to-person transfer was not tested and viability of the virus at 6 feet was not even a subject of the investigation.  That did not stop the misrepresentation of the study to be used as the basis for an unverified medical counter measure of social distancing.  To date, no study has established the efficacy of social distancing to modify the transmission of SARS CoV-2.  Public health officials have referenced:

 

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5907354/#CR43

 

In contravention to established science, States, municipalities and businesses have violated the legal requirements for the promulgation of medical counter measures during a public health emergency stating a “belief” that social distancing of a healthy population limits the spread of SARS CoV-2.  To date, not a single study has confirmed that social distancing of any population prevented the transmission of, or the infection by SARS CoV-2.

 

 

It is unlawful under the FTC Act, 15 U.S.C. § 41 et seq., to advertise that a product or service can prevent, treat, or cure human disease unless you possess competent and reliable scientific evidence, including, when appropriate, well-controlled human clinical studies, substantiating that the claims are true at the time they are made.  As a result, every party promoting the use of face masks is violating the FTC Act.

 

Further, under 21 CFR § 50.24 et seq., it is unlawful to conduct medical research (even in the case of emergency) without a series of steps taken to:

a.      Establish the research with a duly authorized and independent institutional review board;

b.      Secure informed consent of all participants including a statement of risks and benefits; and,

c.      Engage in consultation with the community in which the study is to be conducted.

 

All of these laws have been broken.  All relevant authorities in the United States must cease and desist the use of face masks until the matters above are rectified.

 

 

 

Oh, and did I mention that the Establishment Clause of the 1st Amendment states:

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof."

Forcing someone to "believe" that a thing might work not based on facts but based on a belief alone is tantamount to a religion and is prohibited without limitation.  Not even Jacobson alters this fact.




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11 comments:

  1. Replies
    1. Thank you. I am curious, have looked into the studies that indicate that the MMR vaccine reduces the severity of covid ssymptoms? That lack of attention to this adds to my suspicion about this "pandemic ". I would be interested in your thoughts about this.

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  2. Terrific analysis, Dr. Martin. However, I cannot find any part of the language "advertising that a product or service can prevent treat or cure human disease. Unless you possess competent reliable scientific evidence including when appropriate, well controlled human clinical studies substantiating that the claims are true at the time they're made" anywhere in USC 15 Section 41 et seq. That law has sections 41-58, and I've been up and down them, searching for keywords in that phrase and cannot find them. When I conduct a browser search, I get a number of hits on letters the FTC sent to "offending" naturopaths (which is one of the points that you made; namely, that the FTC regularly uses this law to shut down alternative medical practitioners), but not the specific language you cited (or variations of it that say the same thing).

    Very frustrating, because I am considering following your advice and contacting the U.S. attorney in my state or some other legal official, but if I cannot cite the exact part of the USC, I cannot honestly do so. I suppose I could just cite the FTC letters and then demand the respondent apply the same law to the vaccine people, but I don't feel good about doing this. Your help would be appreciated.

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    Replies
    1. 1. Section 5 of the FTC Act. 15 U.S.C. § 45 gives the Commission broad
      authority to prohibit “unfair or deceptive acts or practices.”
      2. Sections 12-15 of the FTC Act. 15 U.S.C. §§ 52-55 prohibits the
      dissemination of misleading claims for food, drugs, devices, services or
      cosmetics.

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  3. Thank you for this information. Where do I start in government so we can get our kids out of face masks in schools?

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  4. At the rate we're going we'll be lucky to get them in school at all (with facemasks, plexi-glass, etc.) I'm going to start at the local level. School board meetings, town council.

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  5. Thank you for this information! I am currently being prevented from working, due to an ADA protected disability (PTSD) causing me to be unable to wear a mask for work. I work for a large well known retail company. I've been searching for anything that may help me, as I'm anticipating a potential legal action. I find it extremely concerning that the ADA has been tossed out the window by so many over this. Thank you for providing me with some hope!

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  6. Thank you for this information! I am currently being prevented from working because I am unable to wear a mask due to an ADA protected disability (PTSD). I work for a large, well known retail company. I have been searching for anything that may help me with the possibility of legal action becoming more and more apparent. This seems like something that may help.

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  7. Someone please make a form for a violation of rights offense violation of USC #s... One for kids at school, one for people shopping, one for airline travel, etc. where we can write the offenders name, a place for two witnesses and signature for testimony, suggested fine/ suit amount/ sentence,
    If it works ... whoever makes this form may be in a position to get a tip or a cut of any suit money paid out by offenders.

    ... We asked them to stop depriving us of our rights, they say we are just doing a job enforcing the mask mandate, we remind them they have a civic duty as an American to defend and assert their rights and those of others. they say sorry and call for back up/ manager. It’s coercion/ etc.


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  8. Prosecute Fauci, Newsom, Gates, Cuomo, Whitmer et al.

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Thank you for your comment. I look forward to considering this in the expanding dialogue. Dave