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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. -
Timothy Ferris Or James Oberg on 1 David Thomas on Eries
The Bible Code II • The James Ossuary Controversy • Jack the Ripper: Case Closed? The Importance of Missing Information Acupuncture, Magic, i and Make-Believe Walt Whitman: When Science and Mysticism Collide Timothy Ferris or eries 'Taken' James Oberg on 1 fight' Myth David Thomas on oking Gun' Published by the Comm >f Claims of the Paranormal THE COMMITTEE FOR THE SCIENTIFIC INVESTIGATION off Claims of the Paranormal AT THE CENTER FOR INQUIRY-INTERNATIONAl (ADJACENT TO THE STATE UNIVERSITY OF NEW YORK AT BUFFALO) • AN INTERNATIONAL ORGANIZATION Paul Kurtz, Chairman; professor emeritus of philosophy. State University of New York at Buffalo Barry Karr, Executive Director Joe Nickell, Senior Research Fellow Massimo Polidoro, Research Fellow Richard Wiseman, Research Fellow Lee Nisbet Special Projects Director FELLOWS James E. Alcock,* psychologist, York Univ., Susan Haack, Cooper Senior Scholar in Arts and Loren Pankratz, psychologist Oregon Health Toronto Sciences, prof, of philosophy, University of Miami Sciences Univ. Jerry Andrus, magician and inventor, Albany, C. E. M. Hansel, psychologist, Univ. of Wales John Paulos, mathematician, Temple Univ. Oregon Al Hibbs. scientist Jet Propulsion Laboratory Steven Pinker, cognitive scientist, MIT Marcia Angell, M.D., former editor-in-chief, New Douglas Hofstadter, professor of human Massimo Polidoro, science writer, author, execu England Journal of Medicine understanding and cognitive science, tive director CICAP, Italy Robert A. Baker, psychologist, Univ. of Kentucky Indiana Univ Milton Rosenberg, psychologist, Univ. of Stephen Barrett, M.D., psychiatrist, author, Gerald Holton, Mallinckrodt Professor of Physics Chicago consumer advocate. Allentown, Pa. and professor of history of science. Harvard Wallace Sampson, M.D., clinical professor of Barry Beyerstein.* biopsychologist. -
Dawkins, Collins, and the Science-Religion Debate: a New Sociological Study
[ NEWS AND COMMENT Dawkins, Collins, and the Science-Religion Debate: A New Sociological Study DECLAN FAHY A new study appears to dent zoologist Richard Dawkins’s influence as a pub- lic intellectual, arguing that he does not persuade new readers that science and religion are in conflict. But the researchers concluded that biologist Francis Collins, director of the National Institutes of Health and an evangelical Christian, could persuade audiences that science and faith can be compatible. The sociological study, published in Public Understanding of Science, sur- veyed 10,000 Americans to assess in part how scientists who write popular Zoologist and prominent atheist Richard Dawkins (left) and Francis Collins, director of the National books influence public views of reli- Institutes of Health and an evangelical Christian. gion. It identified citizens’ views about the relationship between science and nent stars. In the second, as scholars of religion and tested whether these views Dawkins, in effect, religion have long recognized, atheists changed after learning about Dawkins, gave atheism a have attracted significant personal and author of The God Delusion, and Col- social stigma and have been granted a lins, author of The Language of God: A place in public life. limited space in U.S. public life. Scientist Presents Evidence for Belief. Dawkins had earned cultural promi- The study, funded by the philan- nence and a devoted following since the thropic John Templeton Foundation, lead author, said public attitudes to- 1976 publication of The Selfish Gene, which promotes dialogue between ward atheists could explain why Col- but with the 2006 publication of The science and religion, found that more lins had more power than Dawkins to God Delusion he became the embodi- than 21 percent of citizens had heard of sway opinions. -
Another Lunar Effect Put to Rest
Another Lunar Effect Put to Rest Thirty years ago, published reports suggested that plants could grow better on lunar "soil" than they could on terrestrial soils. A series of experimental errors, reporting errors, and omissions led to this conclusion. Previously unpublished data easily explain the reported effects. HAVEN SWEET his article is long overdue. It has been written in my mind hundreds of times, only to be displaced by Tmore pressing activities. I eventually convinced myself that people had forgotten the claims made after man first landed on the Moon, claims that attributed very unusual properties to the Moon. My complacency changed while listening to one of the many twenty-fifth anniversary tributes to the first lunar landing. (Now the thirtieth anniversary has passed, in July 1999, and I can wait no longer.) I heard a former NASA offi- cial refer to the quarantine testing and indicate that there was one significant result: that plants had been shown to grow better on Moon dust than they did on Earth soil. SKEPTICAL INQUIRER November/December 1999 47 This statement thrust me back to my days with the space look at how these results came to be, and how the myth grew. program, a time when similar statements were made with lit- tle regard for the facts. At that time, the press was hungry for Background of Plant Quarantine Testing news. The excitement of the lunar landing still held the pub- As part of the trip to the Moon, NASA was required to deter- lic interest in everything dealing with space. T h e spotlight was mine if "lunar organisms" existed, and if so, whether they on NASA, and some used this opportunity to present specula- posed a threat to Earth. -
Cultural Dwarves 3 .Qxp
Cultural Dwarfs and Junk Journalism Ben Goldacre, Quackbusting and Corporate Science Martin J Walker Slingshot Publications London 2008 Cultural Dwarfs and Junk Journalism Ben Goldacre, Quackbusting and Corporate Science First Published January 2008 © Slingshot Publications 2008 BM Box 8314, London WC1N 3XX, England Type set by Viviana D Guinarte in Times New Roman & Verdana Edited by: Rose Shepherd and Viviana D Guinarte Cover Design by Andy Dark [email protected] British Library Cataloguing in Publication Data Written by Martin J Walker Cultural Dwarfs and Junk Journalism: Ben Goldacre, Quackbusting and Corporate Science. 1.Ben Goldacre 2. Corporate Science 3. Quackbusters 4. Pharmaceutical companies 5. Lobby Groups. 6. Journalism 7. The Guardian Newspaper ISBN 10 0-9519646-9-0 ISBN 13 978-0-9519646-9-9 This book is given away as an e-book subject to the condition that it shall not, as a whole, or in parts, by way of trade or other- wise, be lent, resold, hired out, or otherwise circulated without the publisher’s prior consent in any form, with any cover, or any layout, than which it is published in this Pdf, and without a simi- lar condition being imposed upon the subsequent receiver. Selected non-continuous pieces of the text may be quoted in reviews and other works or campaigning leaflets and pamphlets or on the internet. You cannot hope to bribe or twist, Thank God, the British Journalist, For seeing what the man will do Unbribed, there’s no occasion to.1 Every journalist who is not too stupid or too full of himself to notice what is going on knows that what he does is morally indefensible …2 Health fraud activists tend not to be scientists them- selves, but journalists, philosophy lecturers, sociolo- gists and others in ‘soft’ disciplines. -
Controlling the Costs of Alternative Medicine
University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 1999 Controlling the Costs of Alternative Medicine Lior Strahilevitz Follow this and additional works at: https://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation Lior Strahilevitz, "Controlling the Costs of Alternative Medicine," 28 Southwestern Law Review 543 (1999). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. CONTROLLING THE COSTS OF ALTERNATIVE MEDICINE Lior J. Strahilevitz* I. The Rise of Alternative Medicine in the United States ......................................... 544 A. More Than Just a Fad: A Large and Growing Industry ............................................. 548 B. The Holistic Approach .............................. 549 C. Early Regulatory Responses ........................ 551 D. The Future of Alternative Medicine ................ 552 II. Challenges in Controlling the Costs of Chiropractic C are .................................................... 558 A. Chiropractic Enters the Mainstream ................ 558 B. State Regulation of Chiropractors .................. 560 C. Controlling Chiropractic Consumption .............. 563 1. Treatment Limitations .......................... 566 2. Penalizing Overtreatment ....................... 568 3. Utilization Review ............................. -
NCAHF Bulletin Boiard, 1989
NCAHF T H E B U LLETIN BOARD JULY / AUGUST, 1989 [The NCAHF Bulletin Board is sent to members only. It is intended to stimulate and aid in · activism against health fraud, misinformation and quackery at the local, state and national levels.] STRATEGY & TACTICS FOR ADVANCING A MEDICAL care to a half-billion people. PSEUDOSCIENCE Dr. Petr Skrabanek (Dept of Community Health, Trinity Acupuncture watchers may also enjoy reading a College, University of Dublin, Ireland) told a press summary of Dr. Wallace Sampson's presentation on conference at the Royal Society of Medicine in London acupuncture given before the Bay Area Skeptics in that a Dr. Daly speaking at the founding convention of November, 1988. Dr. Sampson is putting the final the American Association of Acupuncture and Oriental touches on a NCAHF Position Paper on Acupuncture. Medicine at Los Angeles in 1981 that "Acupuncture is a Both articles may be obtained for $1 and SSAE. part of a larger struggle going on today between the old and the new" (by "new" he presumably meant 2000 NATUROPATHICCOLLEGE DESCRIBED years old acupuncture). John Bastyr College in Seattle is the leading naturopathic training school in the nation. That may Daly divided the medical profession into five groups not amount to much in a field of only two schools, according to their attitudes toward alternative medicine but JBC is significant because it has managed to and outlined how to deal with each group: acquire accreditation recognized by the U.S. (1) "the reactionary extreme" which should be ignored, Department of Education and is very close to regional isolated and exposed. -
Cultural Dwarves.Qxp
Cultural Dwarfs and Junk Journalism Ben Goldacre, Quackbusting and Corporate Science Martin J Walker Slingshot Publications London 2008 Cultural Dwarfs and Junk Journalism Ben Goldacre, Quackbusting and Corporate Science First Published January 2008 © Slingshot Publications 2008 BM Box 8314, London WC1N 3XX, England Type set by Viviana D Guinarte in Times New Roman & Verdana Edited by: Rose Shepherd and Viviana D Guinarte Cover Design by Andy Dark [email protected] British Library Cataloguing in Publication Data Written by Martin J Walker Cultural Dwarfs and Junk Journalism: Ben Goldacre, Quackbusting and Corporate Science. 1.Ben Goldacre 2. Corporate Science 3. Quackbusters 4. Pharmaceutical companies 5. Lobby Groups. 6. Journalism 7. The Guardian Newspaper ISBN 10 0-9519646-9-0 ISBN 13 978-0-9519646-9-9 This book is given away as an e-book subject to the condition that it shall not, as a whole, or in parts, by way of trade or other- wise, be lent, resold, hired out, or otherwise circulated without the publisher’s prior consent in any form, with any cover, or any layout, than which it is published in this Pdf, and without a simi- lar condition being imposed upon the subsequent receiver. Selected non-continuous pieces of the text may be quoted in reviews and other works or campaigning leaflets and pamphlets or on the internet. You cannot hope to bribe or twist, Thank God, the British Journalist, For seeing what the man will do Unbribed, there’s no occasion to.1 Every journalist who is not too stupid or too full of himself to notice what is going on knows that what he does is morally indefensible …2 Health fraud activists tend not to be scientists them- selves, but journalists, philosophy lecturers, sociolo- gists and others in ‘soft’ disciplines. -
Newsletter Quality in the Heal Th Marketplace
ENHANCING FREEDOM OF CHOICE THROUGH RELIABLE INFORMATION NEWSLETTER QUALITY IN THE HEAL TH MARKETPLACE JANUARY/FEBRUARY, 1986. NCAHF NEWSLETTER VOL 9, NO 1 COLONICS SAID TO BE WORTHLESS AND "DR." PEPPER'S DIPLOMA MILL DEGREE UTAH DENTIST'S LICENSE SUSPENDED FOR DANGEROUS RINGS ABELL AMALGAM TOXICITY CLAIMS In the September/Ocober NCAHF Newsletter Congressman Claude Pepper made TV North Ogden dentist Edwin Harrison's dental we reported that the California Board of Medical network news on December 11 and the AP wire license was suspended for 5 years with all but Quality Assurance had won a decision which service on December 12 with the announcement the first 30 days of that period stayed providing placed colonic irrigations outside the legal that he had obtained phony Ph.D. in pscyhology he refrains from false and misleading advertising scope of practice of California chiropractors. by mail from Union University in Los Angeles. claims regarding mercury toxicity from dental Now, in the September 27, 1985 issue of (NOTE: Union University is the same fillings and practicing medicine without a CALIFORNIA MORBIDITY, the weekly report establishment that Kurt Donsbach claims to license. Harrison was using an "amalgameter'' from the State's Infectious Disease Branch (IDB) have his Ph.D. in nutrition from. Another to allegedly detect mercury leakage from of the Departmentof Health Services, it is stated infamous "nutritionist'' claiming a Ph.D. from amalgam restorations and prescribing : "It is the opinion of the State's Infectious Union University is Ruth Yale Long of Houston, compounds known as X-IT and Eaters Digest to Disease Branch that neither physician's nor Texas. -
The Politics of Alternative Medicine at the National Institutes of Health
Federal History 2011 Boyle The Politics of Alternative Medicine at the National Institutes of Health By Eric W. Boyle On February 26, 2009, Democratic Senator Thomas R. Harkin (Iowa) addressed the con - troversial 10-year history of the National Center for Complementary and Alternative Med - icine (NCCAM) at a Senate meeting titled “Integrative Care: A Pathway to a Healthier Nation.” Harkin began by noting that as it had be - come fashionable recently to quote Abraham Lincoln, he would quote from Lincoln’s 1862 address to Con - gress—words that he argued should inspire health care reform legislation. One month before signing the Emancipation Proclamation, Lincoln wrote, “The dogmas of the quiet past are inadequate to the stormy present. The occasion is piled high with difficulty . As our case is new, so we must think anew, and act anew. We must disenthrall ourselves, and then we shall save our country.” 1 After quoting Lincoln, Harkin continued: “Clearly, the time has come to ‘think anew’ and to ‘disenthrall ourselves’ from the dogmas and biases that have made our current health care system—which is based overwhelmingly on conventional medicine—so wasteful and dysfunctional.” 2 He argued that it was time to end the discrimination against alternative health care practices; time for America’s health care system to emphasize coor - dination and continuity of care, patient-centeredness, and prevention. For Harkin, adopting an integrative approach meant taking advantage of the very best scientifically based medi - cines and therapies, whether conventional or alternative. Yet, when turning his discussion to NCCAM’s past, Harkin expressed his disappointment with the work that the Center had conducted over the previous 10 years. -
Curriculum in Integrative Medicine
CURRICULUM IN INTEGRATIVE MEDICINE: A GUIDE FOR MEDICAL EDUCATORS Consortium of Academic Health Centers for Integrative Medicine Working Group on Education May 2004 This project was made possible by a generous grant from the Philanthropic Collaborative for Integrative Medicine CAHCIM Implementation Guide for Curriculum in Integrative Medicine 1 CAHCIM Implementation Guide for Curriculum in Integrative Medicine 2 CURRICULUM IN INTEGRATIVE MEDICINE: A GUIDE FOR MEDICAL EDUCATORS Editors: Benjamin Kligler, MD Rita Benn, PhD Gwen Alexander, PhD Contributors: David Barclay, MD Marc Brodsky, MD Larry Burk, MD Maggie Covington, MD Michael Curtis David Eisenberg, MD Tracey Gaudet, MD James Gordon, MD Adi Haramati, PhD Nancy Harazduk, MEd, MSW Ka-Kit Hui, MD Wayne Jonas, MD Karen Lawson, MD Barbara Leonard, PhD Victoria Maizes, MD Tim Pan, MD Constance Park, MD, PhD Adam Perlman, MD Rachel Naomi Remen, MD Steven Rosenzweig, MD Steven Schachter, MD Robert Scholten, MSLIS Victor Sierpina, MD Riva Touger-Decker, PhD Bill Tu, MD Sara Warber, MD CAHCIM Implementation Guide for Curriculum in Integrative Medicine 3 CAHCIM Schools: University of Arizona Program for Integrative Medicine www.integrativemedicine.arizona.edu University of Calgary Canadian Institute of Natural & Integrative Medicine www.ucalgary.ca University of California, Los Angeles Collaborative Centers for Integrative Medicine www.uclamindbody.org University of California, San Francisco Osher Center for Integrative Medicine www.ucsf.edu/ocim Columbia University Richard and Hinda Rosenthal -
CSICOP Delegation
MARTIN GARDNER ON ISAAC NEWTON • EXTRATERRESTRIAL HIGHWAY • GOATSUCKER HYSTERIA Skeptical Inquirer i • THE MAGAZINE FOR SCIENCE AND REASON Volume 20, No. 5 • September/October 1996 4 Science Fiction, Skepticism, and Reality; . Stewart, Greg Bear the First World and Paranoia Skeptics Congress An Afternoon Traditional Medicine and with a Psychic Pseudoscience in China Part 2 of a Report of the second CSICOP Delegation Published by the Committee for the Scientific Investigation of Claims of the Paranormal THE COMMITTEE FOR THE SCIENTIFIC INVESTIGATION OF CLAIMS OF THE PARANORMAL AT THE CENTEft FOR INQUIRY (ADJACENT TO TMi STATE UNIVERSITY OF NEW YORK AT BUFFAiO) • AN INTERNATIONAL ORGANIZATION Paul Kurtz, Chairman; professor emeritus of philosophy, State University of New York at Buffalo Barry Karr, Executive Director and Public Relations Director Joe Nickell, Senior Research Fellow Lee Nisbet. Special Projects Director FELLOWS James E. Alcock,* psychologist. York Thomas Gilovich, psychologist, Cornell Joe Nickel I," senior research fellow, CSI Univ., Toronto Univ. COP Jerry Andrus, magician and inventor, Henry Gordon, magician, columnist, Lee Nisbet,* philosopher, Medaille Albany, Oregon Toronto College Robert A. Baker, psychologist, Univ. of Stephen Jay Gould, Museum of James E. Oberg, science writer Kentucky Comparative Zoology, Harvard Univ. Loren Pankratz, psychologist, Oregon Stephen Barrett, M.D., psychiatrist, C E. M. Hansel, psychologist, Univ. of Health Sciences Univ. author, consumer advocate, Wales John Paulos, mathematician, Temple Allentown, Pa. Al Hibbs, scientist. Jet Propulsion Univ. Barry Beyerstein,* biopsychologist, Laboratory Simon Fraser Univ., Vancouver, B.C., Mark Plummer, lawyer, Australia Douglas Hofstadter, professor of Canada human understanding and cognitive W. V. Quine, philosopher. Harvard Univ. Irving Biederman, psychologist, Univ.