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National Council Against Health Fraud

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The National Council Against Health Fraud (NCAHF) is a US-based voluntary private nonprofit health agency that focuses on what they say is health misinformation, fraud, and quackery related to public health problems.

The NCAHF and its co-founder Stephen Barrett have frequently litigated against advocates of alternative medicine. Courts have dismissed two such lawsuits as "Strategic Lawsuits Against Public Participation" (SLAPP's) and have ordered Barrett and the NCAHF to pay attorneys' fees of the parties they have sued.

Introduction

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. NCAHF was suspended as a Calfornia corporation in 2003 when it moved its base of operations to Massachusetts. However, the State of Massachusetts has no listing for NCAHF.

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

  • (1) adequate disclosure in labeling and other warranties to enable consumers to make proper choices;
  • (2) premarketing proof of safety and efficacy for products and services that claim to prevent, alleviate, or cure any disease or disorder; and
  • (3) accountability for those who violate consumer laws.

Criticism

The NCAHF has been accused of using the guise of consumer advocacy to present false indictments of complementary and alternative medicine professions such as chiropractic, homeopathy, acupuncture, herbal remedies, and naturopathy. Some critics state the NCAHF is a front for corporate medical interests . These critics dismiss the NCAHF's mission statement on consumer protection by claiming the NCAHF's real interest is in criticising alternative medicines as a form of turf protection . A common criticism of the NCAHF is that it is not in the public interest for a health fraud watch group to operate unrestrained and unendorsed by the government .

Prominent critic of NCAHF, Tim Bolen states :

"The NCAHF is a front organization used by Barrett, Baratz and their other associates whose purpose is to solicit jobs so that they can act as expert witnesses against doctors who practice alternative and complementary treatment methods ... Quackwatch, and National Council against Health Fraud although independently incorporated, are one of the same, in that they have common directors, administrators, members, contributors and beliefs and collaborate together to the benefit of Barrett, Baratz and their other associates."

The NCAHF denies this, 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." -- NCAHF's History Bolen has no evidence to support the above criticisms and is being sued by Barrett for libel

Lawsuits

In 2003, the NCAHF filed a lawsuit in California against King Bio, a manufacturer of homeopathic remedies, asserting fifty causes of action for false advertising and unfair competition. The trial court ruled against the NCAHF, finding that they had not met the burden of proof for these claims; this ruling was upheld on appeal. The appellate court's ruling stated (PDF file]):

"The trial court concluded NCAHF failed to prove a false or misleading statement. King Bio’s expert testified the products were safe and effective. The products were included in the Homeopathic Pharmacopoeia and complied with FDA guidelines. NCAHF presented no evidence that King Bio’s products were not safe and effective, relying instead on a general attack on homeopathy, made by witnesses who had no knowledge of, or experience with, King Bio’s products, and who were found to be biased and unworthy of credibility."

Barrett's response:

"The judge's conclusion about bias was based on his concern that the experts presented to the court were NCAHF board members and that he did not perceive them as sufficiently independent to testify. In addition, the judge didn't permit testimony on grounds that what the judge believed he would be asked would be redundant. King Bio's request to the court for attorneys fees was denied."

The libel suit filed by NCAHF board member Stephen Barrett against Bolen and Hulda Clark included defendant Breast Implant Awareness activist, Ilena Rosenthal, against whom Barrett and attorney Christopher Grell's claims were dismissed by the courts on the basis that it was a SLAPP suit. However, the suit continues against Bolen and Clark and an appeals court reinstated the claim of co-plaintiff Terry Polevoy against Rosenthal on the basis of one statement she reposted regarding him. Rosenthal appealed--that appeal is before the California Supreme Court.

See also

External links

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