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The National Council Against Health Fraud is a US-based organization that describes itself as a "private nonprofit, voluntary health agency that focuses upon health misinformation, fraud, and quackery as public health problems." The NCAHF and its co-founder Stephen Barrett have litigated against advocates of alternative medicine practitioners whose methods and and techniques do not conform to established scientific principles. The litigation has had mixed results.

Mission statement

According to NCAHF's mission statement, its activities and purposes include:

• Investigating and evaluating claims made for health products and services.
• Educating consumers, professionals, business people, legislators, law enforcement personnel, organizations and agencies about health fraud, misinformation, and quackery.
• Providing a center for communication between individuals and organizations concerned about health misinformation, fraud, and quackery.
• Supporting sound consumer health laws
• Opposing legislation that undermines consumer rights.
• Encouraging and aiding legal actions against those who violate consumer protection laws.
• Sponsoring a free weekly e-mail newsletter.

NCAHF's positions on consumer health issues are based on what they consider ethical and scientific principles that underlie consumer protection law. Required are:

• Adequate disclosure in labeling and other warranties to enable consumers to make proper choices;
• Premarketing proof of safety and efficacy for products and services that claim to prevent, alleviate, or cure any disease or disorder; and
• Accountability for those who violate consumer laws.

NCAHF states that its funding is primarily derived from membership dues, newsletter subscriptions, and consumer information services. Membership is open to everyone, with members and consultants located all over the world. NCAHF's officers and board members serve without compensation. NCAHF states they unite consumers with health professionals, educators, researchers, attorneys, and others.

Incorporation Status

NCAHF's corporate status in California was suspended in May, 2003, and it is currently based in Massachusetts. The most recent Internal Revenue Service list of organizations eligible to receive tax-deductible charitable contributions lists NCAHF as an eligible non-profit organization.

Criticism

• The NCAHF has been accused by critics such as Robert Atkins MD, James Carter MD, and the American Chiropractic Association of being a front for corporate medical interests and of using the guise of consumer advocacy to present false indictments of complementary and alternative medicine techniques such as chiropractic, homeopathy, acupuncture, herbal remedies, and naturopathy.

• U.S. Representative Dan Burton, Chairman, Committee on Government Reform, has stated that it is not in the public interest for a health fraud watch group such as NCAHF to operate unrestrained and unendorsed by the government.

• In his book Racketeering in Medicine: The Suppression of Alternatives, James P. Carter M.D. makes the following charges: "the NCAHF...receives funds from pharmaceutical manufacturers," and the NCAHF does not represent the consumer but rather "the interests of a select group of health-care providers - physicians in the private practice of medicine - and they represent the interest of pharmaceutical companies."

• In a letter to Lyn Behrens, PhD President of Loma Linda University, Julian M. Whitaker, M.D. explains how the NCAHF and some of its members have acted against numerous practitioners who were listed on their "Persons on the Quack List Data Base" containing 2,551 names. He writes: " Obviously, considering the number of physicians listed, the only criteria for being added to this defamatory list would be the 'opinions' of those within the NCAHF. Please note that the list includes 1,137 MDs, 167 PhDs, 236 DOs, 79 DDSS, 228 DCs, and 441 others (BS, RN, ND, HMD, CSW, MSN). There are 52 double doctorates on the list, with two or more of the following degrees, MD, PhD, DO, DDS, DVM, DMD. Many have university affiliation, have published in the peer-review literature, and are respected authors of books or even textbooks. Please note that this 'quack' list includes Linus Pauling, PhD. "

The NCAHF denies all of these charges, saying:

"Such charges are apparently designed to draw attention from the true issues. NCAHF believes that consumers have a right to the information they need to make proper decisions, and that those who supply health products and/or services have a moral obligation to be truthful, competent, and accountable. NCAHF does not take sides in turf battles; it believes in one standard for all. Other than the common bond among those who believe that medical care should be based on science, NCAHF has no organizational ties to either organized medicine or the pharmaceutical industry. Nor has it ever received financial support from them. In fact, NCAHF is openly critical of the failure of organized medicine to take a more proactive consumer protection role and believes that medical discipline needs strengthening. NCAHF is also very critical of drug companies that market supplements, homeopathic products, and herbal products that are worthless, questionable, and/or unsafe. When pharmaceutical companies have marketed these products deceptively, NCAHF has exposed such activities and incurring the wrath of vitamin trade groups."

Lawsuits

Aroma Vera suit

In 1997, the NCAHF filed a lawsuit in California against Aroma Vera, a manufacturer of aromatherapy supplies, asserting false advertising. In 1998, the judge ruled that NCAHF lacked standing to file such a suit. In 1999 this ruling was reversed on appeal. In 2000, Aroma Vera settled out of court on the stipulation they would not make 57 of the disputed claims in advertising within California.

NCAHF v. King Bio

In 2001, NCAHF (Plaintiff) sued King Bio Pharmaceuticals (Defendants), a homeopathic pharmaceutical company, for false advertising and unfair business practices. The court granted a directed verdict for Defendants, after Plaintiff presented its case. Plaintiff suggested in its initial trial brief that it could not prove the elements of its claims, and argued that none or only "slight" evidence should be required to shift the burden of proof to the Defendant. Id. The court explained the general principle in civil actions - that one filing a lawsuit has the burden to prove its claims by a preponderance (51%) of the evidence.Cite error: A <ref> tag is missing the closing </ref> (see the help page). The court stated that the testimony of both witnesses (Barrett and another member of the board of NCAHF) should be given little weight, because neither witness was qualified to testify as an expert on the issues raised. The court further stated that both witnesses were "zealous advocates" rather than "neutral or dispassionate witnesses or experts." Id.

The Court concluded with a sharp rebuke:

"The logical end-point of Plaintiff’s burden-shifting argument would be to permit anyone with the requisite filing fee to walk into any court in any state in the Union and file a lawsuit against any business, casting the burden on that defendant to prove that it was not violating the law. Such an approach, this Court finds, would itself be unfair."

King Bio also won the 2003 appeal.

References

1. National Council Against Health Fraud
2. ^ NCAHF Mission Statement
3. Secretary of State (California). Corporations. California Business Portal current as of "DEC 15, 2006".
4. Internal Revenue Service Search for Charities, Online Version of Publication 78. Retrieved December 26, 2006.
5. ^ NATIONAL COUNCIL AGAINST HEALTH FRAUD, Dynamic Chiropractic, October 10, 1990, Volume 08, Issue 21.available online
6. ^ NCAHF. NCAHF History. National Council Against Health Fraud, Inc. available online, accessed 25 Dec 2006
7. Law Offices of CF Negrete. Federal Judge Throws Out Barrett Lawsuit. June 28, 2003. available online, accessed 25 Dec 2006
8. PBS Broadcast Angers Chiropractors (complaints of NCAHF involvement)
9. Burton hearing
10. Racketeering in Medicine: The Suppression of Alternatives, by James P. Carter, M.D., published by Hampton Roads Publishing Co. Inc., 1993, (ISBN 1-878901-32-X)
11. Persons on the Quack List Data Base- Letter to Lyns Behrens from Julian M. Whitaker
12. Aromatherapy Company Agrees to Stop False Advertising
13. ^ Superior Court of Los Angeles County, Case No. BC245271 (December 3, 2001)
14. National Council Against Health Fraud, Inc. v. King BIo Pharmaceuticals, Inc., 107 Cal.App.4th 1336, 1378, Cal. App. 4th (2003). Available at Findlaw;

See also

• Alternative medicine
• Consumer protection
• Evidence-based_medicine
• Medical ethics
• Pseudoscience
• Quackery
• Quackwatch
• Scientific skepticism

External links

• National Council Against Health Fraud - Official site
• Dynamic Chiropractic criticizes the NCAHF (critical)

• Skeptic organisations