Fw: Quackbusters lose against homeopathy

September 11, 2003

Quackbusters lose against homeopathy - Health Supreme----- Original Message

----- Fw: Quackbusters lose against homeopath

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July 10, 2003

Quackbusters lose against homeopathy

Health

Pharma

In the US, there are people who have made it their life's desire to

" expose natural medicine " accusing anyone not in agreement with pharma-dominated

medical business of " quackery " . However this phenomenon seems to be definitely

on its way out, with the principal " quackbuster " , Stephen Barrett, a former

psychiatrist, losing court case after court case.

Tim Bolen's " Millions of Health Freedom Fighters - Newsletter " of 25

June relates an episode in the steep decline of this particular effort to prop

up pharma-based medicine at the expense of natural alternatives. Bolen uses

strong words to describe the losing streak of the " quackbusters " and their

" National Council Against Health Fraud " .

In another newsletter on 9 July 2003, Bolen tells of a very recent loss

of the quackbusters who had attempted - without providing proof of any kind - to

declare homeopathy illegal and prohibit the advertising of homeopathic products.

The quackbuster organization - Council Against Health Fraud - also lost a SLAPP

(Strategic Lawsuit Against Public Participation) motion and are now facing court

costs upwards of half a million dollars.

For Quackbusters' NCAHF - It's All Over But The Shouting...

Opinion by Consumer Advocate Tim Bolen

July 9th, 2003

The Quackbuster Flagship sank today. A Three Judge California Appeals

Court broad-sided it. Let's all go watch it slide under the waves. Bring a

bottle of wine and some paper cups.

We already know that the quackbusters have ZERO credibility with the

American court system. So it's not going to be a surprise to anyone that the

National Council Against Health Fraud (NCAHF), today, lost the decision they

appealed over the case called " NCAHF v. Botanical laboratories, et al. "

Here are the the Three Judge Panel's words...

" Conclusion - Appellant (NCAHF) believes that no one should be allowed

to market homeopathic remedies. Congress has decided otherwise, and officially

recognizes the Homeopathic Pharmacopoeia. Appellant's broad-brush approach of

sweeping all homeopathic remedies into a single bag marked " undesirable " simply

does not work in the courts, where each claimed instance of unfair advertising

and unfair business practice must be closely scrutinized. Appellant failed to

present any admissible evidence in this case that respondents are guilty of

false advertising and unfair business practices with respect to any of their

products. "

The NCAHF lost on a SLAPP (Strategic Lawsuit Against Public

Participation) Motion. Which means they owe the Defendants Attorney Fees. Al

Lohrman, chief counsel on this case, said to me, today, in an e-mail " By the

way, the trial court also awarded us attorneys' fees on our anti-SLAPP motion,

as provided by law. "

And, there's the rub.

The NCAHF is operating out of a cardboard box in the back room of Bobbie

Baratz's Braintree, MA hair removal salon, and has so little money, that Baratz

begged members for cash, offering a picture of me (Tim Bolen) as an incentive

for contribution.

According to court documents, NCAHF Board members, it turns out, were

COMPLETELY UNAWARE that Baratz and Barrett had made the NCAHF the Plaintiff in

these cases. Court documents show that Baratz and Barrett had set up this case

to generate " expert witness " fees for themselves. Baratz is the current

President of the NCAHF. Barrett is a failed MD who operates the dubious website

quackwatch.com out of his basement in Allentown. PA.

Legal fees, by my estimate, will run around $500,000 to $700,000. It

looks to me, like the individual NCAHF BOARD MEMBERS, and the MEMBERS, may be

legally liable for the attorney fees...

The court, in it's decision, quoted the earlier Health Freedom Appeals

Court Victory in NCAHF v. King Bio like this:

" In the context of a lawsuit against homeopathic manufacturers of

homeopathic remedies, 'there is nothing in the nature of a false advertising

action that makes it difficult for a plaintiff to prove allegations of the

complaint. The homeopathic remedies are marketed and readily available for

testing by the plaintiff. The falsity of the advertising claims may be

established by testing, scientific literature, or anecdotal evidence.' (NCAHF v

King Bio). Appellant provided no admissible, prima facie evidence that the

respondents' advertising is, in fact, false....In addition, appellant presented

no evidence at all that respondents' advertising is likely to deceive

consumers. "

For the Quackbuster's NCAHF - it's all over but the shouting.

Tim Bolen - Consumer Advocate

****************************************

Quackpot Barrett Crushed in Federal Court - Again...

Opinion by Consumer Advocate Tim Bolen

June 25th, 2003

Some people never learn. Stephen Barrett (quackwatch.com) seems to be

one of those.

Despite loss after loss, and humiliation on top of humiliation, self

styled " quackbuster " Stephen Barrett trudges on to the next embarrassment.

Like a bug in the fast lane, Barrett is doomed to be wiped off the

windshield of the North American Health Freedom Movement time after time, I

guess.

This time, Barrett, apparently stung from defeats in other arenas, and

perhaps trying to reclaim some dignity from a world becoming accustomed to

laughing at his anti-health antics, sued the attorney, Carlos Negrete, he's come

to associate with his steady downfall in the politics of health care.

I'm not sure what the subject of Barrett's suit against Negrete in

Federal Court in San Diego was all about. Barrett submits volumes of whiney

material in his court actions, none of which, to me, seems to be acquainted with

reality. But what I do know, is that Barrett used as his own attorney, one Morse

Mehrban, listed as the general counsel of the National Council Against Health

Fraud (NCAHF). It was Mehrban who was quoted in the LA Law Journal as saying " I

consider suicide daily. "

" Suicide daily? "

Negrete flattened them both - without breaking a sweat. Another victory

for GOOD, in the battle against EVIL.

Of course, Barrett also sued, in the same lawsuit, world renowned

health-humanitarian Hulda Regehr Clark PhD, N.D. Barrett can't seem to talk, or

write, these days, without bringing up Clark's name in some way. So, I'm not

surprised he put Clark's name in the lawsuit. He describes her as " Unlicensed

Naturopath Hulda Clark, " in his writing. His hatred and resentment of her

accomplishments, compared to his, are obvious. He lost to Clark, too...

Barrett had to allegedly " retire " from the medical profession, giving up

his license in 1993, when he was in his mid-50's. He admits that he didn't have

enough medical practice income in 1993 to even pay the required malpractice

insurance premiums. Barrett, who claims to be a retired Psychiatrist, was forced

to admit in court documents (forced by Negrete) that he only had nine patients

all year, each year, for several years, before he supposedly " retired. "

Psychiatrists get their patients from referrals from other MDs. Doctors in the

LeHigh Valley of Pennsylvania just weren't sending him any business. Anybody

wonder why?

And now Barrett is failing as a " quackbuster. "

By the way - Barrett lost in an anti-SLAPP motion, which means he gets

to pay Negrete, and Clark's, attorney fees...

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.

Update 28 June:

Quackpot Baratz goes on trial in Wisconsin July 14th, 2003...

Opinion by Consumer Advocate Tim Bolen

June 28th, 2003

It won't be long now...

Soon we'll get to see the President of the National Council Against

Health Fraud (NCAHF) crying his eyes out in a courtroom again. Whimpering, and

stuttering, his way through " expert testimony " (I have a video tape) last

October 2002 in Wisconsin, Robert S.Baratz MD, DDS. PhD., broke into crocodile

tears, snuffling out " I was a paper boy at eight and a half years old. Then I

was a boy scout (sniff, sniff). Then I got the order of the arrow (snuffle,

snort), " Baratz did everything but wet his pants when confronted about his

expertise, and his credibility.

Baratz, who can't seem to hold a job, has been trying to make a living

as an " expert witness. " Most days he runs a hair removal salon. His testifying

skills are pathetic, and he's been hammered in court. He rambled on so badly,

and so pointlessly, for so many days, in the Wisconsin (Kadile) case that the

Judge refused to let him continue oral testimony, and sent him home to WRITE

DOWN his testimony.

Honest to God. Go ahead and laugh... No wonder he can't hold a job.

It Gets Funnier...

About a week ago, finally, Baratz submitted 187 pages of written

testimony. He took SEVEN MONTHS to write 187 pages of double spaced " testimony. "

Last January, Wisconsin DORL prosecutor Arthur Thexton had to fly to

Massachusetts to help Baratz construct his testimony. From 7:00 am until 7:00

pm, in Baratz's attic, Thexton " interviewed " Baratz, in the presence of a court

reporter. Baratz was so bad at answering the questions that Thexton kept

ordering the court reporter to " strike that " and would then tell Baratz the

answer he wanted to hear. Can you imagine how many " revisions " the

Baratz/Thexton dynamic duo did of that 187 pages between January and July?

Testimony?

The court reporter was so appalled at this handling of " testimony " that

she wouldn't certify the document. You can bet the court reporter is being

subpoenaed...

The attorney for Kadile in the Wisconsin case, Frank Recker, is

prepared. He's had the use of a Private Investigator, expert researchers,

competent Doctors and Scientists, other attorneys who have defeated Baratz,

other cases and depositions, mental health professionals, and MY files. On July

14th, 15th, and 16th, little Bobbie gets cross-examined ONLY on his credibility.

Believe me, his mental health will be an issue.

Baratz is dead meat. Law enforcement will be in the audience, Fraud and

Perjury will be in the air. And I, Tim Bolen, and our strategy team, will be

sitting right next to Frank Recker, handing him notes.

If this were a screenplay, I'd be inserting the ratcheting sound of

stainless-steel handcuffs, right about now. We'll be making a video tape - and

the public is welcome. 1400 East Washington (DORL headquarters), Madison, WA.

There will be a lot of people there to see this, including TV.

Bobbie Will Try Tricks...

A couple years back, in a Florida courthouse, little Bobbie, just before

it was his turn to testify, went down to the sheriff's station and complained

that he was " terrified for his life. " He got a cordon of seven sheriff's

deputies to accompany him to the courtroom, where they then questioned members

of the audience. The audience was amused. Baratz was particularly interested in

getting me, Tim Bolen, out of the building, since I was there to advise the

attorney on Baratz and his games. It didn't work - I stayed. So did the

audience.

Six minutes into Bobbie's cross-examination he began to twitch. Ten

minutes into it, he was fidgeting. Thirteen minutes into it, and he changed

colors rapidly. At fifteen minutes, his pores erupted. And, at eighteen minutes

he fled the room.

I guess Bobbie was uncomfortable with the questions I provided the

attorney.

Wisconsin is going to be fun. There's going to be three days of Bobbie

on the stand, answering questions about his credibility on video tape.

I'd say there's a 50/50 chance Bobbie will run... That's the way

quackbusters are. And, Bobbie is the best they have...

Tim Bolen - Consumer Advocate

Posted at July 10, 2003 10:17 AM | TrackBack

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