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**Require that all active ingredients (items that cause an effect) be quantitatively and qualitatively identified on the label. | **Require that all active ingredients (items that cause an effect) be quantitatively and qualitatively identified on the label. | ||
**Require herbal remedy products to contain sufficient amounts of pharmacologically active substances for the product to perform as expected. Only those expectations that can be supported by science should be permitted on labels. The FDA should develop a set of acceptable claims just as it has with health claims for food products. | **Require herbal remedy products to contain sufficient amounts of pharmacologically active substances for the product to perform as expected. Only those expectations that can be supported by science should be permitted on labels. The FDA should develop a set of acceptable claims just as it has with health claims for food products. | ||
**Require labels to inform consumers about what effects they should expect. Suggested wording: (eg, valerian) | **Require labels to inform consumers about what effects they should expect. Suggested wording: (eg, valerian) "The active ingredient in this product is valerian. Traditional folk medicinal uses for this substance include: as a sleep aid, and a relaxant. Valerian has been shown to depress the central nervous system at the doses indicated." | ||
⚫ | **Require a highly visible, easily accessible postmarketing surveillance system for tracking unanticipated adverse reactions. The system must enable consumers as well as health professionals to report, and regulators to gather and disseminate information on adverse effects. A good candidate for the agency to receive reports is the U.S. Pharmacopeia Practitioner Reporting System which passes reports on to the FDA and Poison Control Centers. Suggested wording: "Adverse reactions associated with the use of this products should be reported to 1-800-638-6725." | ||
"The active ingredient in this product is valerian. Traditional folk medicinal uses for this substance include: as a sleep aid, and a relaxant. Valerian has been shown to depress the central nervous system at the doses indicated." | |||
⚫ | **Require a highly visible, easily accessible postmarketing surveillance system for tracking unanticipated adverse reactions. The system must enable consumers as well as health professionals to report, and regulators to gather and disseminate information on adverse effects. A good candidate for the agency to receive reports is the U.S. Pharmacopeia Practitioner Reporting System which passes reports on to the FDA and Poison Control Centers. Suggested wording: | ||
"Adverse reactions associated with the use of this products should be reported to 1-800-638-6725." | |||
**Require manufacturers to mark product batches for identification, testing, and tracking. | **Require manufacturers to mark product batches for identification, testing, and tracking. | ||
**Require warnings about dangers of self-treatment on labels and/or package inserts. Suggested wording: | **Require warnings about dangers of self-treatment on labels and/or package inserts. Suggested wording: "Caution: Self-treatment may delay proper health care. See a medical doctor if health problems persist." | ||
Caution: Self-treatment may delay proper health care. See a medical doctor if health problems persist. | |||
**Require substantial representation from outside of the herbal industry to assure sufficient skepticism in herbal regulation. | **Require substantial representation from outside of the herbal industry to assure sufficient skepticism in herbal regulation. | ||
**Impose strong penalties for adulterating herbal products with potentially dangerous substances. | **Impose strong penalties for adulterating herbal products with potentially dangerous substances. |
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The National Council Against Health Fraud is a US-based organization headquartered in Peabody, Massachusetts. It 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 occasionally litigated against practitioners of alternative medicine and producers of products whom they believe to be in violation of the organization's governing 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.
In its publications, the NCAHF uses several terms on a regular basis (e.g. "Fraud", "Misinformation", "Quack" and variations of these terms) which some, particuarly those to whom the terms are applied, may find inflammatory but for which it has specific definitions from generally accepted sources . The NCAHF goes on to use the terms to describe both individuals and entire professions or subsets of otherwise reputable professions.
Incorporation Status
Chartered in 1977, The National Council Against Health Fraud, Inc. is headquartered in Peabody, Massachusetts, but is not a Massachusetts corporation. Previously located in California, the corporate status of NCAHF is shown as suspended in California and that the "Agent for Service of Process Resigned on March 22, 2003." The most recent Internal Revenue Service list of organizations eligible to receive tax-deductible charitable contributions includes NCAHF as a non-profit organization ("a public charity with a 50% deductibility limitation").
Position on Health Issues
Acupuncture
The NCAHF takes the following position on the practice of acupuncture:
- Acupuncture is an unproven modality of treatment;
- Its theory and practice are based on primitive and fanciful concepts of health and disease that bear no relationship to present scientific knowledge;
- Research during the past twenty years has failed to demonstrate that acupuncture is effective against any disease;
- Perceived effects of acupuncture are probably due to a combination of expectation, suggestion, counter-irritation, operant conditioning, and other psychological mechanisms;
- The use of acupuncture should be restricted to appropriate research settings;
- Insurance companies should not be required by law to cover acupuncture treatment;
- Licensure of lay acupuncturists should be phased out.
The NCAHF points out that acupuncture was banned in China in 1929 but underwent a resurgence in the 1960s. The organization specifically states that "scientific literature provides no evidence that acupuncture can perform consistently better than a placebo in relieving pain or other symptoms for which it has been proposed".
To support their position, the NCAHF have collected information on research performed to determine the efficacy of acupuncture and report the results.
Amalgam Fillings
Recently, there has been controversy regarding the use of amalgam fillings by dentists, because the amalgam contains mercury. Some forms of mercury are toxic to humans, but the NCAHF argues that the form used in dental fillings is not. .
The NCAHF criticizes those who they believe exploit unfounded public fears for financial gain. A former dentist from Colorado lost his license to practice dentistry for improper conduct including diagnosing "mercury toxicity" in all patients who consulted him in his office - even those who had no mercury fillings. In addition, he recommended extraction of all teeth that had root canal therapy. The court ruled that the treatments were "a sham, illusory and without scientific basis." The court also ruled that dentists who advertize their practice as "mercury-free" are acting unethically because it falsely implies that amalgam fillings are somehow dangerous and that "mercury-free" methods are superior.
The NCAHF warns individuals about some of the methods used by what it sees as "bogus", including:
- Breath testing. This creates an "artificially high" reading for mercury by exaggerating and, in some cases, falsely indicating the presence of mercury in the mouth.
- Urine testing. The NCAHF warn against using a chelating agent prior to urine testing since this artificially increases the level of mercury present in the urine.
- Blood testing. The NCAHF warn that blood testing is unsuitable for determining mercury levels in the test subject as mercury is filtered from the body by the kidneys and unlikely to be present in the blood in significant amounts even if the subject's exposure has been significant.
Other tests for mercury exposure described by the NCAHF as invalid can include skin testing, stool testing, hair analysis and electrodermal testing.
Chiropractic
The NCAHF is strongly critical of much of the practice of chiropractic, describing the practice as "deviant" and that it is at odds with "anatomy, physiology, neurology, microbiology, pharmacology, pathology, immunology, and many other basic sciences". It also claims that "chiropractors generally oppose public health programs such as fluoridation, immunization, and sometimes pasteurization of milk". The NCAHF contends that chiropractic can be dangerous and lead to injury or permanent disability. However, the NCAHF does not categorically oppose the practice. NCAHF differentiates between what it calls "hucksters" and what it calls "scientific chiropractors". The latter, according to NCAF, will follow certain practices:
- Advance only methods of diagnosis and treatment which have a scientific basis.
- Openly disclaim the nonscientific 'subluxation theory'.
- Restrict the scope of practice to neuromusculoskeletal problems loosely defined as Type M conditions (i.e. muscle spasms, strains, sprains, fatigue, imbalance of strength and flexibility, stretched or irritated nerve tissue, and so forth) recognizing that some Type M problems will fall outside the scope of even a scientific chiropractor.
- Work closely with medical practitioners, consulting with them on cases involving possible pathology and readily referring when reasonable and prudent.
- Use conservative methods of manipulative therapy.
- Avoid exposing patients to unnecessary radiation.
- Work to increase public awareness about abuses by non-scientific chiropractors.
- Help other chiropractors become more scientific in their approaches to health care delivery.
- Work to prohibit unqualified practitioners of all kinds from performing manipulation.
- Aid in the prosecution of alleged malpractice.
"Scientific chiropractors", according to NCAHF, will not engage in other practices:
- Use the title "doctor" in such a way as to mislead someone to believe the practitioner is other than a chiropractor.
- Induce anyone to believe that a chiropractor should be consulted first in preference to a medical practitioner in respect to any disease or disorder.
- Induce anyone to believe that chiropractic adjustment will cure or alleviate infectious diseases, arthritis, cancer, diabetes, nutritional deficiencies or excesses, appendicitis, blood disorders, kidney diseases, gall bladder problems, hypertension, ulcers, heart disease or other non-Type M conditions.
- Fail to take reasonable steps to advise a patient to consult or continue consulting a medical practitioner when engaged by someone requiring medical care.
- Publish or publicly exhibit any circular extolling non-scientific chiropractic treatment or preventive care.
- Condemn without scientific justification public health measures such as fluoridation, immunization, pasteurization of milk, etc.
- Use their status as a health professional to sell or profit from the sale of products to patients.
- Excessively treat patients.
- Present themselves as specialists in pediatrics or claim the ability to treat children's diseases.
- Claim that chiropractic adjustments will help raise resistance to disease or prolong life without valid evidence.
- Claim to be a "(w)holistic" practitioner.
- Claim to be qualified as a "family practitioner."
- Practice obstetrics.
- Claim to be qualified to administer mental health care.
- Utilize unproven, disproven, or questionable methods, devices, and products such as adjusting machines, applied kinesiology, chelation therapy, colonic irrigation, computerized nutrition deficiency tests, cranial osteopathy, cytotoxic food allergy testing, DMSO, gerovital, glandular therapy, hair analysis, herbal crystalization analyses, homeopathy, internal managements, iridology, laser beam acupuncture, laetrile, magnetic therapy, Moire contourographic analysis, Neurothermograph, orthomolecular therapy, pendulum divination, pyramid power, Reams test, reflexology, scleraglyphics, Spinal column stressology, Thermography Thermoscribe, Toffness device, and so forth.
The NCAHF also provides advice to providers of medical insurance, advising them to "imit reimbursement to medically necessary services and to those practitioners who provide appropriate medical documentation that establishes the diagnosis and justifies treatment" and "stablish an independent commission financed by an insurance industry levy to investigate and curtail fraud and abuse in health care".
In addition, the NCAHF advises legislators at the state and federal level to:
- Recognize that legislatures have the greatest power to control chiropractic practices. Regulatory agencies and the courts can only enforce the laws passed by legislative bodies. Education alone cannot protect consumers or help people who do not realize that they are being deceived.
- Restrict the scope of practice of chiropractors to neuromusculoskeletal problems. Prohibit their treatment of other conditions unless under medical referral. Specify the procedures that chiropractors may NOT perform, such as: Colonies. herbology, hair analysis, cancer therapies, or any unproven methods unless working on a bonafide experimental project in cooperation with qualified medical researchers.
- Restrict the use of x-ray by chiropractors--particularly prohibit techniques that involve unnecessary radiation exposure to patients such as the "full spine" x-ray.
- Prohibit chiropractors from using the title 'doctor' in any manner that doesn't clearly reveal that they are chiropractors.
- Incorporate chiropractic training into the same university systems which teach medical, dental, and other allied health professionals so that instruction in basic sciences and training in diagnosis and patient screening will be brought up to the same standards as other primary entry health care providers. Designate the chiropractic degrees issued by these institutions "Doctor of Chiropractic Medicine" to distinguish them from previous diplomas. Establish standards for people holding "Doctor of Chiropractic" diplomas to upgrade themselves to the standards of the new degree. Set a time limit (e.g. ten years) in which this upgrading must occur to maintain licensure.
- Permit Doctors of Chiropractic Medicine to utilize prescription drugs suitable to the limitations of their practices.
- Regulate all health care providers through a single board of quality assurance constituted by a wide variety of members adept in the methods of scientific methodology and the bases for consumer protection legislation. Include on the board representatives from the basic sciences, public health, education and legitimate consumer groups. Restrict practitioners from the various health care delivery providers to service in a consultant status.
- Make violation of the medical practice act a felony.
Diet/Nutrition Advice
The NCAHF is opposed to the exploitation of the public by individuals and organizations who take postions not supported by scientific evidence:
- Nutritionally adequate and acceptable diets should be available for all institutionalized individuals. Nutritional adequacy must be determined on the basis of accepted dietary principles.
- Valid evidence is lacking to support the claim that diet is an important determinant in the development of violence and criminal behavior.
- Valid evidence is lacking to support the hypothesis that reactive hypoglycemia is a common cause of violent behavior.
- Inappropriate dietary treatment based on unfounded beliefs about the relationships between diet and criminal behavior can have harmful effects.
- It can result in nutritional deficiencies and/or excesses.
- It can detract from efforts toward identification of effective treatment and prevention of the true causes of aberrant behavior.
- It can lead to the dangerous belief that diet, rather than the individual, has control over and responsibility for his/her behavior.
- It can result in the waste of limited public funds.
- Health assessment of individuals in correctional institutions is essential and should be carried out using acceptable methods under the supervision of a qualified physician. Unverified assessment methods such as iridology, applied kinesiology, routine hair analysis for assessment of nutritional status, and nonvalid dietary assessment are unacceptable.
- If diet-related health disorders are identified in individuals in correctional institutions, appropriate treatment should be undertaken under qualified medical guidance. Diet therapy should not be instituted unless there is an identified specific need for treatment.
- Training programs for professionals and paraprofessionals working in public schools, correctional facilities, and in the criminal justice system should emphasize objective information about the prevention and treatment of behavioral problems. Implementation of unfounded or unscientific beliefs should cease.
Diploma Mills
A diploma mill or "degree mill" is described by the U.S. Office of Education as "An organization that awards degrees without requiring its students to meet educational standards for such degrees established and traditionally followed by reputable institutions."
The NCAHF takes the view that many unqualified practitioners are able to mislead the public regarding their academic credentials by using diploma mills to get "specious degrees". Such organizations are alleged by the NCAHF to engage in "pseudoscience and food faddism". The NCAHF also alleges that "at least some of the 'faculty' or 'academic' advisors at several of these schools have criminal convictions in the area of health fraud".
The NCAHF categorizes what it described as a "serious threat" to "diploma-mill 'students'", "health consumers" and "legitimate health professionals" as follows:
- Harm to Diploma Mill "Students"
- Degree mills often engage in aggressive advertising campaigns often duping naive people into taking correspondence courses and obtain degrees by mail which are believed to be equivalent to "campus without walls" types of programs offered by some legitimate educational institutions. State "authorization" of institutions offering academic degrees but teaching nutrition pseudoscience can only serve to confuse individuals seeking a legitimate degree in nutrition. Honest but naive individuals attending these diploma-mills are deceived about the proper role of nutrition in the treatment and prevention of disease.
- Graduates of these schools become instruments for the highly profitable food supplement industry. Having been misinformed about the demonstrated value of food supplements at "school" they can easily be lead to purchase nutrition products which have not been shown to be safe or effective for their personal use.
- Graduates of these schools are often discouraged from seeking health care from qualified providers because what is taught at diploma mills generally conflicts wit h scientifically based information. Failure to seek appropriate health care for a serious health problem may lead to needless suffering or even death. Even delaying the seeking of effective health care may have dire consequences for misguided diploma-mill graduates.
- Harm to Health Consumers
- Economic harm: Economic loss occurs to health consumers who consult with diploma-mill nutritionists because, in many cases, they will have paid good money for worthless tests, inappropriate advice and usually ineffective food supplements. Such costs can be substantial when a single test may run as high as $750 and the bill for unneeded supplements may amount to a hundred dollars more per month. In some cases these diploma-mill nutritionists conspire with unscrupulous and/or misguided licensed health professionals to attain coverage of their nutrition counseling services thereby increasing the cost of private and state paid health insurance plans for all health consumers.
- Direct Harm: Misguided nutritionists often prescribe dangerous megadoses of vitamins or minerals that can interfere with the action of prescription drugs and/or cause toxicity, birth defects, or malnutrition. Herbs, some of which contain potent pharmacological agents, are often utilized by unqualified nutritionists lacking knowledge of pharmacology or pathology. Such can lead to serious health problems.
- Indirect Harm: Health consumers may also be harmed by the omission of appropriate advice on nutrition, an inability to recognize when medical help is needed, or by the fact that many diploma-mill nutritionists discourage their clientele from seeking the counsel of legitimate health care professionals. Some of the individuals connected with California degree mills are known promoters of questionable cancer cures (e.g., laetrile) which divert patients from conventional cancer therapy to unproven "nutritional" regimens which can result in needless suffering or death as wasted time turns a curable cancer into a fatal prognosis.
- Psychological Harm: A persistent message found among unqualified nutritionists is a disdain for conventional scientific health concepts and practices. The negative philosophy of food faddism says that "orthodoxy" cannot be trusted. This theme is the basis for the existence of a "health foods" industry that is separate from the regular food industry. This negative theme is used to justify the so-called "alternative" methods taught by the degree mills. This irrational theme of distrust is the critical factor which turns the curable patient into a victim of dangerous quackery. Sadly, many of the victims are children who's parents have been deceived by the cynicism or paranoia common to misguided practitioners.
- Societal Harm: In a democracy, when large numbers of people believe wrongly, society at large can suffer. The unfounded belief that "junk foods" can cause aberrant behavior led to an unjust verdict in the infamous "twinkie defense" incident in California. Bad public policy, misdirected research efforts and more can result from the proliferation of nutrition pseudoscience.
Herbal Remedies
The NCAHF claims that the sale of OTC herbal remedies is a multi-billion dollar business. They describe the following as problems:
- Unreliable Labeling
- False and Misleading Labels. According to the claims of pharmacognosist Varro Tyler, less that half of the herbal remedied examined were accurately labelled. There are four ways in which herbs are commonly described: the English common name, the transliteration of the herb name, the latinized pharmaceutical name and the scientific name. Thus, ginseng can be referred to four different ways: "ginseng", "ren-shen", "radix ginseng" and "panax ginseng". However, the English term "ginseng" can also refer to P ginseng (a.k.a. "oriental ginseng"), P quinquefolius (a.k.a. "American ginseng") and Eleutherococcus senticosus (a.k.a. "Siberian ginseng") which, though they are referred to by the same generic name, are different plants.
- Misinformation Mongering. Many individuals will, in order to promote their businesses and increase their profits, perpetuate false and misleading claims both about their own products but also about orthodox medicine.
- Questions of Safety. In their natural state, herbs may vary in both potency and contain substances with unwanted side-effects.
- Questions of Efficacy. Currently, herbal preparations are no regulated as drugs. The NCAHF believes that it would be in the interests of consumers for this to change.
- Economic Issues.
To address these, and other issues, the NCAHF makes the following recommendations:
- Establish a special category of OTC medicines called "Traditional Herbal Remedies" (THRs) regulated as follows:
- Labels must alert consumers to the fact that herbal remedies are held to a lower standard than that applied to standard medicines. Suggested wording: "This product is regulated as a Traditional Herbal Remedy, a special category of medicines not required to meet the full stipulations of the U.S. Food, Drug, & Cosmetic Act which are applied to standard medications."
- Limit THR products to those with properties sufficiently documented in the pharmacognosy literature to assure an acceptable measure of safety and efficacy.
- Limit herbal remedy products to those known not to have lethal or damaging side-effects when taken in overdose, or over an extended time period.
- Limit THRs to the treatment of nonserious, self-limiting ailments.
- Require THRs remedies to meet the same labeling standards for all drug products.
- Require plant sources to be identified by their scientific names.
- Require that all active ingredients (items that cause an effect) be quantitatively and qualitatively identified on the label.
- Require herbal remedy products to contain sufficient amounts of pharmacologically active substances for the product to perform as expected. Only those expectations that can be supported by science should be permitted on labels. The FDA should develop a set of acceptable claims just as it has with health claims for food products.
- Require labels to inform consumers about what effects they should expect. Suggested wording: (eg, valerian) "The active ingredient in this product is valerian. Traditional folk medicinal uses for this substance include: as a sleep aid, and a relaxant. Valerian has been shown to depress the central nervous system at the doses indicated."
- Require a highly visible, easily accessible postmarketing surveillance system for tracking unanticipated adverse reactions. The system must enable consumers as well as health professionals to report, and regulators to gather and disseminate information on adverse effects. A good candidate for the agency to receive reports is the U.S. Pharmacopeia Practitioner Reporting System which passes reports on to the FDA and Poison Control Centers. Suggested wording: "Adverse reactions associated with the use of this products should be reported to 1-800-638-6725."
- Require manufacturers to mark product batches for identification, testing, and tracking.
- Require warnings about dangers of self-treatment on labels and/or package inserts. Suggested wording: "Caution: Self-treatment may delay proper health care. See a medical doctor if health problems persist."
- Require substantial representation from outside of the herbal industry to assure sufficient skepticism in herbal regulation.
- Impose strong penalties for adulterating herbal products with potentially dangerous substances.
Source:
Homeopathy
The practice of homeopathy is controversial as the discipline lacks any foundation in conventional scientific knowledge. The NCAHF takes the position that homeopathy has been "refuted by the basic sciences of chemistry, physics, pharmacology, and pathology". They go further to describe the practice of homeopahy as a "cult".
The organization explicitly warns the public "not to buy homeopathic products or to patronize homeopathic practitioners".
The NCAHF cite issued with homeopathy that include:
- Dubious Labeling
- Questionable Safety
- Suspicious Effectiveness
In addition, they denounce the practice as a "haven for untrustworthy practitioners" and "quackery" while admitting that the appeal for some patients may lie in the emphasis on each practititioner spending a great deal of time with each patient.
Source:
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.
Plaintiffs had no evidence, apart from the testimony of two "expert" witnesses, to prove any of the elements of their claims. 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
- National Council Against Health Fraud
- ^ NCAHF Mission Statement
- Secretary of the Commonwealth, Corporations Division. Corporate DatabaseThe Commonwealth of Massachusetts. Boston, MA. accessed 19 Dec 2006.
- Secretary of State (California). Corporations. California Business Portal current as of "DEC 15, 2006".
- Internal Revenue Service. Search for National Council Against Health Fraud, then choose "All of the words".
- NCAHF website]
- ^ NATIONAL COUNCIL AGAINST HEALTH FRAUD, Dynamic Chiropractic, October 10, 1990, Volume 08, Issue 21.available online
- ^ NCAHF. NCAHF History. National Council Against Health Fraud, Inc. available online, accessed 25 Dec 2006
- Law Offices of CF Negrete. Federal Judge Throws Out Barrett Lawsuit. June 28, 2003. available online, accessed 25 Dec 2006
- PBS Broadcast Angers Chiropractors (complaints of NCAHF involvement)
- Burton hearing
- 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)
- Persons on the Quack List Data Base- Letter to Lyns Behrens from Julian M. Whitaker
- Aromatherapy Company Agrees to Stop False Advertising
- ^ Superior Court of Los Angeles County, Case No. BC245271 (December 3, 2001)
- ^ California Superior Court Judge Rules on Quackbuster "Credibility" via Quackpotwatch.
- National Council Against Health Fraud, Inc. v. King BIo Pharmaceuticals, Inc., 107 Cal.App.4th 1336, 1378, Cal. App. 4th (2003). Available at Findlaw
- 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
- Stephen Barrett
External links
- National Council Against Health Fraud - Official site
- Dynamic Chiropractic criticizes the NCAHF (critical)