Fwd: Quackbusters defeated in Court.

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For Quackbuster's NCAHF - It's All Over But The Shouting...Opinion by Consumer

Advocate Tim BolenJuly 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. " I've put the whole case

decision on my website. ..For the Quackbuster's NCAHF - it's all

over but the shouting. 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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