Fwd: CA Apeals Court Bludgeons Quackbusters Opinion

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California Appeals Court Bludgeons Quackbusters Opinion

By Tim Bolen

4-23-3

 

A California Appeals Court, yesterday, April 22, 2003, bludgeoned the National

Council Against Health Fraud (NCAHF), and their whole argument about what

constitutes good and bad health care. The quackbuster's operating theme, the

argument they use against alternative proponents, came under a major American

Court's scrutiny. The Court, basically, in their decision, said the

quackbuster's arguments were hogwash, and they had no business meddling in

California's system.

 

The Court also declared that top quackbusters Stephen Barrett (quackwatch.com),

and Wallace Sampson MD (Scientific Review of Alternative and Aberrant Medicine)

" were found to be biased and unworthy of credibility. "

 

The quackbusters lost in a PUBLISHED case. The quackbuster premise failed.

Not some of it, not most of it - but ALL of it. The " quackbuster " measuring

stick for how to evaluate health care has been completely discredited. Official

quackbuster credibility is now ZERO.

 

In a minute I'm going to give you a link to the Appeals Court decision. But

first let me give you a road map.

 

Here's what happened...

 

The quackbuster's flagship, the self-proclaimed National Council Against Health

Fraud (NCAHF) decided, one day, to sue about 43 " Alternative Medicine

proponents " in California, basically claiming that all of them were engaging in

health fraud " because what they were doing wasn't scientifically proven. "

 

Their argument was that " the defendant has to PROVE their products work, or it's

health fraud. "

 

California was the wrong place for them to try this stunt. Here, health freedom

bills tend to pass through the legislature UNANIMOUSLY. We like to be healthy.

It's our life style.

 

The very first case that came to trial was called NCAHF vs, King Bio (a

manufacturer of about 50 homeopathic products). The NCAHF lost badly. Los

Angeles Superior Court Judge Haley Fromholz wrote a long decision, virtually

battering the quackbusters for wasting the court's time with their silly case.

The quackbusters had accused King Bio of false advertising. At issue was the

credibility of the NCAHF's witnesses, Stephen Barrett, and Wallace Sampson MD.

The Judge thrashed their arguments. You can read the Judge's words in this

original case decision by going here

http://www.quackpotwatch.org/quackpots/california_superior_court_judge_.htm .You

can find out who King Bio is by going to their website www.kingbio.com The NCAHF

appealed. And, boy did it cost them. You need to read the decision.

It is written in plain language, not legalese, and is clearly understandable.

Read the footnotes also. Pass this around to anyone under attack by the

quackbusters. Their attorneys will love this precedent setting case.

 

To me one of the more important statements is the last footnote in the Appeal

Court's decision, for it attacks the whole quackbuster operation. It says: " 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. "

 

But more occurred. " At trial, NCAHF proceeded on the theory that there is no

scientific basis for the advertised efficacy of King Bio's products. NCAHF

performed no tests to determine the efficacy of King Bio's products and

presented no anecdotal evidence. NCAHF instead argued that King Bio's products

were drugs, and the scientific community required representations regarding the

efficacy of drugs to be supported by acceptable scientific evidence. NCAHF

asserted that the burden of proof should be shifted to King Bio to prove its

products' efficacy. On appeal, NCAHF acknowledges that, under current California

law, a false advertising plaintiff bears the burden of proving the defendant's

advertising claim is false or misleading. NCAHF contends, however, that we

should shift the burden of proof to the defendant to facilitate the campaign

against health fraud. NCAHF argues that federal law shifts the burden to the

defendant in false advertising actions. "

 

In response to the NCAHF's demands, the Court said: " We conclude there is no

basis in California law to shift the burden of proof to a defendant in a

representative false advertising and unlawful competition action. We conclude

further that the Legislature has indicated an intent to place the burden of

proof on the plaintiff in such cases. Finally, we conclude federal authority is

not apposite. "

 

What this means to the North American Health Freedom Movement...

 

This is a PUBLISHED case. It is PRECEDENT setting. It can (and should) be used

in any case in the US where quackbusters are involved. The quackbusters have

been court tested - and they lost. Their whole argument against alternative

medicine has been thrown in the trash. Their credibility is zero.

 

The case was handled, on our side, by famous California litigator, Carlos

Negrete. You can read his comments on the case at www.healtfreedomlaw.com.

 

You can read the whole case decision by going to:

http://www.quackpotwatch.org/quackpots/kingbioappeal.htm What I want to know is

" Who funded the quackbuster's lawsuits? "

 

My advice to you: If you are the subject of derogatory remarks on top

quackbuster Stephen Barrett's website www.quackwatch.com, or Robert Baratz's

website www.nachf.org, you might want to consider showing this newsletter, and

the court decision papers, to your attorney. This might be a good time for your

attorney to send them a letter pointing out their new legal problems - and

demanding removal of the information from their website within

24 hours... Your attorney might want to ask for compensation...

 

Stay tuned...

 

Tim Bolen - Consumer Advocate This " Millions of Health Freedom Fighters -

Newsletter " is about the battle between " Health and Medicine " on Planet Earth.

Tim Bolen is an op/ed writer with extensive knowledge of the activities of a

subversive organization calling itself the " quackbusters, " and that

organization's attempts to suppress, and discredit, any, and all health

modalities that compete with the allopathic (MD)

paradigm for consumer health dollars. The focus of the newsletter is on the

ongoing activities, battles, politics, and the victories won by members of the

" Health Freedom Movement " against the " quackbusters " It details " who the

quackbusters are, what they are, where they are operating, when they appear, and

how they operate - and how easy it is to beat them... "

 

For background information on the " Battle between Health and Medicine " go to:

http://www.savedrclark.net/by_whom2.htm. A copy of THIS newsletter, and older

ones, are viewable at the website http://www.quackpotwatch.org/default.htm.

 

For EVEN MORE interesting and related articles go to http://www.bolenreport.com.

 

http://www.northamericanconsumersagainsthealthfraud.org/cgi-bin/mojo/mojo.cgi?fl\

avor=archive & id=20030423155646 & list=one

 

 

 

 

 

 

 

 

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