Watching the Quacker
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Complaint Counsel's Opposition to Renewed Motion to Quash
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/14/2021 | OSCAR NO. 601202PUBLIC | PUBLIC UNITED STATES OF AMERICA BEFORE THE FEDERAL TRADE COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES ________________________________________________ In the Matter of HEALTH RESEARCH LABORATORIES, LLC, a limited liability company, WHOLE BODY SUPPLEMENTS, LLC, a limited liability company, and DOCKET NO. 9397 KRAMER DUHON, individually and as an officer of HEALTH RESEARCH LABORATORIES, LLC and WHOLE BODY SUPPLEMENTS, LLC. ______________________________________________ COMPLAINT COUNSEL’S OPPOSITION TO RENEWED MOTION TO QUASH Respondents have made their prior counsel, Olshan Frome Wolosky LLP (“Olshan”), central to this matter by blaming consultants engaged at Olshan’s suggestion for Respondents’ admittedly unlawful advertising. Consequently, what those consultants told Respondents before they chose to run their deceptive advertising is crucial to determining the appropriate scope of relief. Yet Respondents refuse to produce their consultants’ work, and their consultants dubiously claim they no longer possess it. As a result, Complaint Counsel had no choice but to seek this important nonprivileged material from Olshan directly. Respondents claim attorney-client privilege, but their blanket assertion that everything Olshan may possess is allegedly “confidential” does not meet their burden. To prove consulting materials are privileged, Respondents must establish that the consultants worked exclusively to help Olshan provide legal advice, or that they are the “functional equivalent” of Respondents’ own employees. Here, neither is true. Accordingly, because Olshan possesses relevant, nonprivileged documents not available elsewhere, Respondents’ motion must be denied.1 1 Complaint Counsel’s March 30 motion to reschedule the evidentiary hearing to permit more time for discovery is pending before the Commission. -
Bulletin Board Is Sent to Members and Media Recipients Only
THENCAHF BULLETINBOARD JULY I AUGUST 2002 The NCAHFBulletin Board is sent to members and media recipients only. It is intended to stimulate and aid in activism against health fraud, misinformationand quackery at the local, state & national levels. NCAHFQUOTED IN MAGNETICMATTRESS PAD REPORT Barrie Cassileth, PhD, Chief oflntegrative Medicine Service As part of a July 2nd investigativereport on the sales promotion of of Memorial Sloan-Kettering Cancer Center was also a guest. She magneticmattress pads by the Florida-basedcompany European characterizedalternative therapies as ''usually promoted to cure Health Concepts,ABC's Good Morning America (GMA) displayed disease or at least to treat disease and they are, by definition, a letter from NCAHF President Robert S. Baratz, MD, PhD, DDS, unproven, otherwise they wouldn't be alternative." She said her then enlargedthis excerpt: "There is no plausible theory by which program steers patients away from methods that have no merit and magnetscan treat, (or) cure... disease." offers patients receiving standard treatments what she characterized With a hidden camera, GMA videotaped a sales pitch for the as "rational complementary"therapies such as massage, relaxation, $1,799mattress pads that accompanieda free meal offered by meditation,acupuncture for pain and nausea, music therapy for EuropeanHealth Concepts.The pitchman falsely claimed that the terminally ill patients, and tai-chi. pads "help the body heal itself' of a long list of ailments.Although A recording of the full program can be heard on the Internet by the pads were sold with a 100% satisfaction,money-back guaran accessing program archives at www.npr.org. tee, hundredsof people who purchased the pads were not able to get their money back until the Better Business Bureau intervened. -
Examining the Truth
Examining the Truth By Terry S. Friedmann, MD, ABHM and Sabina DeVita, EdD, DNM, RNCP with Karen Boren I Part I: Young Living Essential Oils The company manufactures and sells the highest quali- ty essential oils available anywhere in the world. Its As Young Living Essential Oils’ products, influence, products are endorsed by hundreds of medical profes- and business opportunities extend around the world, the sionals, including such nationally recognized figures as company and its founder occasionally come under Ronald Lawrence, Ph.D., M.D. attack by those who take an adversarial stance toward natural healthcare. Unfortunately, these attacks are often Quality is first and foremost at Young Living. No expense full of inaccurate information and are intended to dis- is spared in testing and proving that Young Living prod- credit alternative medicine and malign leading propo- ucts are superior to competitors’. This claim is supported nents of natural healthcare. With today’s information by gas chromatography testing which is conducted at two technology, these anti-natural agendas are easily chan- French laboratories that are AFNOR-certified. AFNOR neled through the media and Internet and convincingly (the Association French Normalization Organization portrayed as truth. Because of today’s busy lifestyles, Regulation) sets the standards for essential oils to differ- viewers and readers have little time to investigate, and entiate true therapeutic-grade essential oils from similar therefore oftentimes accept negative information oils with inferior chemistry. thought to be authoritative as truthful. The therapeutic benefits of essential oils are well docu- In order to provide accurate information and aid to those mented—research abounds and is ongoing in the scien- individuals and groups who have become aware of false tific and medical community. -
Naturopathy: a Monograph
Naturopathy: A Monograph Prepared by Kimball C. Atwood, M.D., Representative of the Massachusetts Medical Society, for the Massachusetts Special Commission on Complementary and Alternative Medical Practitioners April, 2001 Executive Summary A small group of naturopaths (practitioners of “natural medicine”), who refer to themselves as “naturopathic physicians” or “naturopathic doctors” (“ND’s”), seeks licensure in the Commonwealth of Massachusetts. These naturopaths portray themselves as “primary care physicians.” They are few by any standard, numbering approximately 1500 in the entire U.S. and 30 in Massachusetts (by comparison, in Massachusetts alone there are about 30,000 medical doctors, 4,000 nurse practitioners, 400 nurse midwives, and 1800 chiropractors). They contrast themselves to other naturopaths, whom they consider not worthy of licensure, by virtue of having attended on-campus schools. These schools are not accredited in any meaningful way. They grant the “N.D.” degree, but so do several other, “unapproved,” correspondence schools. The N.D. degree is not recognized nationally or in the Commonwealth of Massachusetts. Licensure offers regulation to protect the public. Regulators must hold health professions to a very high standard, since considerable damage can occur as a result of treatment by incompetent practitioners. To be considered a health profession, an occupation must be able to demonstrate an objective, scientific, and ethical basis. Naturopathy fails to meet this standard. For an occupation with little semblance of objective, scientific, and ethical bases, licensure legitimizes an otherwise illegitimate and dangerous activity. This monograph demonstrates, unequivocally and with extensive documentation, that naturopathy is a dangerous activity, and that no amount of regulation is likely to mitigate this fact. -
Big Freedom Push Underway! War to Control Our
The SPECTRUMSPECTRUM “Achieve the wisdom of knowledge of Truth as this will enable you to wisely follow the Laws of The Creation.” A Non-Profit Educational Corporation Dedicated To Bringing You The Truth VOLUME 5, NUMBER 2 NEWS REVIEW US$5.00 / CAN$7.00 AUGUST 2003 War To Control Our Health Who Will Win? Big Freedom Push Underway! 7/4/03 RICK MARTIN “Unless we put medical freedom into the Constitution, the time will come when medicine The Revolutionary War For Health Freedom pg.3 will organize into an undercover dictatorship.... The Constitution of this Republic should make The News Desk: special provisions for medical freedom, as well as Items You Won’t Want To Miss pg.4 religious freedom.” BETTY FREAUF: The Giant Sucking Sounds — Dr. Benjamin Rush, a signer of the In Washington DC pg.28 Declaration Of Independence and member of the Continental Congress. Freedom Of Healthcare Choice By Renowned Expert James E. Bare, D.C. pg.34 What sinister plot do you suppose was already so formidable by the latter 1700s that it prompted Dr. Rush to HILARION: Take Time To Consult Your employ such strong language in his caution above? Higher Self’s “To-Do List” pg.52 Whatever the early signs were, last month’s exposé surely Bush’s “Good Ol’ Boys” Ties confirmed the prediction that “medicine will organize into To Clear Channel Radio pg.54 an undercover dictatorship” in the guise of “protecting” us from that which is a threat to their lucrative business Bob Beck’s Research On enterprise. “Bio-Electrical Cleansing” pg.59 (See: War To Control Our Health, p.30 ) AL MARTIN: Whoppers Of Mass Delusion Plague Bush Gestapo pg.69 SHERMAN SKOLNICK: No Honest Business Is Safe From The Bankruptcy Club pg.79 NEWEST OFFERINGS AT WISDOM BOOKS billion of our dollars to help us gain access to Caspian Sea oil. -
Hype and Hope Marketing Anti- Aging Products to Seniors Hearing
S. HRG. 107-190 SWINDLERS, HUCKSTERS AND SNAKE OIL SALESMAN: HYPE AND HOPE MARKETING ANTI- AGING PRODUCTS TO SENIORS HEARING BEFORE THE SPECIAL COMMITTEE ON AGING UNITED STATES SENATE ONE HUNDRED SEVENTH CONGRESS FIRST SESSION WASHINGTON, DC SEPTEMBER 10, 2001 Serial No. 107-14 Printed for the use of the Special Committee on Aging U.S. GOVERNMENT PRINTING OFFICE 76-011 PDF WASHINGTON: 2001 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area (202) 612-1800 Fax (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402-0001 SPECIAL COMMITTEE ON AGING JOHN B. BREAUX, Louisiana, Chairman HARRY REID, Nevada LARRY CRAIG, Idaho, Ranking Member HERB KOHL, Wisconsin CONRAD BURNS, Montana JAMES M. JEFFORDS, Vermont RICHARD SHELBY, Alabama RUSSELL D. FEINGOLD, Wisconsin RICK SANTORUM, Pennsylvania RON WYDEN, Oregon SUSAN COLLINS, Maine BLANCHE L. LINCOLN, Arkansas MIKE ENZI, Wyoming EVAN BAYH, Indiana TIM HUTCHINSON, Arkansas THOMAS R. CARPER, Delaware PETER G. FITZGERALD, Illinois DEBBIE STABENOW, Michigan JOHN ENSIGN, Nevada JEAN CARNAHAN, Missouri CHUCK HAGEL, Nebraska MICHELLE EASTON, Staff Director LUPE WISSEL, Ranking Member Staff Director (II) CONTENTS Page Opening Statement of Senator John Breaux ......................................................... 1 Statement of Senator Larry E. Craig ............................................................ 4 Statement of Senator Ron Wyden .............................. .............................. 5 Prepared statement of Senator Blanche Lincoln .................................................. 36 PANEL I Mike O'Neil, former chief financial officer, GB Data Systems, O'Neals, CA ...... 6 E. Vernon F. Glenn, Law Offices of E. Vernon F. Glenn, Mt. Pleasant, SC ....... 22 PANEL II Glen Braswell, president, Gero Vita International, Marina Del Ray, CA; and Ron Tepper, Editor, 'Journal of Longevity," Health Quest Publications, Marina Del Ray, CA ...........................................................