Fwd: Homeopathic Treatment Upheld by CA Court

[Guest guest]

Homeopathic Manufacturer sued by Quackbusters- Courts tell Quackbusters they are

the quacks, their credibility is now ZERO!

 

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 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 clicking here. 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 clicking here.

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.

 

 

 

 

 

 

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