VoluntaryTrade.org

Welcome to the Voluntary Trade Council

The Voluntary Trade Council is a research center dedicated to antitrust and competition regulation. Working in the tradition of the Austrian School of economics, VTC offers free-market criticism of the Federal Trade Commission, the Department of Justice and other agencies that intervene to prevent the voluntary exchange of goods, services and ideas.

Mises.org

S.M. Oliva, president of the Voluntary Trade Council, authored an article for the Ludwig von Mises Institute on Mark and Marianne Hershiser's landmark First Amendment lawsuit against the Federal Trade Commission. You can read the article, "Consumer Protection or Legal Extortion?" at this link.

Recent Documents

You can download the FTC's original demand letter to Native Essence and the Hershisers at this link. You can download the Hershisers' complaint against the FTC at this link. For the most recent list of relevant documents in this case, please follow this link.

Herbal Information

Mark and Marianne Hershiser, co-owners of Native Essence Herb Company, have established a website to provide information about their lawsuit against the FTC. The website includes statements of customer support and information on how to contribute to the Hershisers' legal defense fund. You can access the website "Herbal Information" at this link.

Galileo's Lawyer

Richard Jaffe, the Houston attorney representing the Hershiers and Native Essence Herb Company, has published a book, Galileo's Lawyer, that provides "an insider's view of the alternative health care field as told from the perspective of the legal battles involving the most popular and controversial complementary and alternative health care practitioners." You can learn more about the book at this link.

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Native Essence
FTC Responds to Native Essence Lawsuit PDF Print E-mail
Written by Skip Oliva   
Thursday, 31 July 2008 19:42

The Federal Trade Commission acknowledged that it is trying to extort money from Native Essence Herb Company and its co-owners, Mark and Marianne Hershiser, in court documents filed today by nine FTC and U.S. Department of Justice attorneys. The FTC claimed it is within its legal rights to demand money from the Hershisers and that the couple's lawsuit against the FTC to protect its First Amendment rights should be dismissed for lack of jurisdiction.

Last Updated ( Tuesday, 26 August 2008 10:19 )
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Native Essence Seeks Injunction PDF Print E-mail
Written by Skip Oliva   
Wednesday, 16 July 2008 20:17
The owners of New Mexico-based Native Essence Herb Company asked the chief U.S. district judge in Santa Fe for a preliminary injunction this week that would allow the company to restore information to its website that was taken down after Federal Trade Commission official Erika Wodinsky threatened to confiscate the company’s earnings. Richard Jaffe and Judith A. Rosenstein, Native Essence’s attorneys, previously filed a complaint seeking a permanent injunction against FTC rules that censor truthful speech about herbal products. The FTC has yet to respond to these filings.
Last Updated ( Wednesday, 16 July 2008 20:23 )
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House Bill Would Protect "Herbal Speech" PDF Print E-mail
Written by VoluntaryTrade.org Staff   
Sunday, 06 July 2008 18:40

On May 2, 2007, Rep. Ron Paul, Texas Republican, introduced H.R. 2117, "The Health Freedom Protection Act," a bill that would protect businesses like Native Essence Herb Company and its customers from arbitrary censorship by the Federal Trade Commission and the Food and Drug Administration. H.R. 2117 is co-sponsored by nine other House members. Below is the text of Paul's statement in support of his bill. You can download the full text of the bill at this link.

Last Updated ( Sunday, 13 July 2008 11:41 )
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Documents Detail FTC Extortion PDF Print E-mail
Written by Skip Oliva   
Monday, 30 June 2008 20:49

The assistant director of the Federal Trade Commission's San Francisco office threatened to confiscate the business and personal assets of Mark and Marianne Hershiser if they did not sign a false confession and surrender the revenues from their small herb and herbal remedy business, according to documents published in connection with the Hershisers' First Amendment lawsuit against the FTC.

Last Updated ( Saturday, 05 July 2008 14:27 )
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New Mexico Lawsuit Challenges FTC Censorship PDF Print E-mail
Written by VoluntaryTrade.org Staff   
Saturday, 28 June 2008 21:18

Arlington, Virginia - A New Mexico couple filed a preemptive lawsuit last week in U.S. District Court to protect their First Amendment rights against the Federal Trade Commission, which attempted to censor the couple’s website and extort money from their retail herb business.

Last Updated ( Saturday, 05 July 2008 14:33 )
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Suggested Reading

Antitrust: The Case for Repeal
Dominick T. Armentano
2nd ed. 1999
Purchase from Mises.org

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Markets Don't Fail!
Brian P. Simpson
2005
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from Amazon

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The Antitrust Religion
Edwin S. Rockefeller
2007
Purchase from Cato.org
Read the review

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Winners, Losers & Microsoft
Liebowitz & Margolis
1999
Purchase from Independent Institute

 

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