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National Council Against Health Fraud

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The National Council Against Health Fraud is a US-based organization headquartered in Peabody, Massachusetts. It describes itself as a "private nonprofit, voluntary health agency that focuses upon health misinformation, fraud, and quackery as public health problems." The NCAHF and its co-founder Stephen Barrett have occasionally litigated against practitioners of alternative medicine and producers of products whom they believe to be in violation of the organization's governing principles. The litigation has had mixed results.

Mission statement

According to NCAHF's mission statement, its activities and purposes include:

  • Investigating and evaluating claims made for health products and services.
  • Educating consumers, professionals, business people, legislators, law enforcement personnel, organizations and agencies about health fraud, misinformation, and quackery.
  • Providing a center for communication between individuals and organizations concerned about health misinformation, fraud, and quackery.
  • Supporting sound consumer health laws
  • Opposing legislation that undermines consumer rights.
  • Encouraging and aiding legal actions against those who violate consumer protection laws.
  • Sponsoring a free weekly e-mail newsletter.

NCAHF's positions on consumer health issues are based on what they consider ethical and scientific principles that underlie consumer protection law. Required are:

  • Adequate disclosure in labeling and other warranties to enable consumers to make proper choices;
  • Premarketing proof of safety and efficacy for products and services that claim to prevent, alleviate, or cure any disease or disorder; and
  • Accountability for those who violate consumer laws.

NCAHF states that its funding is primarily derived from membership dues, newsletter subscriptions, and consumer information services. Membership is open to everyone, with members and consultants located all over the world. NCAHF's officers and board members serve without compensation. NCAHF states they unite consumers with health professionals, educators, researchers, attorneys, and others.

Incorporation Status

Chartered in 1977, The National Council Against Health Fraud, Inc. is headquartered in Peabody, Massachusetts, but is not a Massachusetts corporation. Previously located in California, the corporate status of NCAHF is shown as suspended in California and that the "Agent for Service of Process Resigned on March 22, 2003." The most recent Internal Revenue Service list of organizations eligible to receive tax-deductible charitable contributions includes NCAHF as a non-profit organization ("a public charity with a 50% deductibility limitation").

Position on Acupuncture

The NCAHF takes the following position on the practice of acupuncture:

  • Acupuncture is an unproven modality of treatment;
  • Its theory and practice are based on primitive and fanciful concepts of health and disease that bear no relationship to *present scientific knowledge;
  • Research during the past twenty years has failed to demonstrate that acupuncture is effective against any disease;
  • Perceived effects of acupuncture are probably due to a combination of expectation, suggestion, counter- irritation, operant conditioning, and other psychological mechanisms;
  • The use of acupuncture should be restricted to appropriate research settings;
  • Insurance companies should not be required by law to cover acupuncture treatment; and
  • Licensure of lay acupuncturists should be phased out.

The NCAHF specifically state that "scientific literature provides no evidence that acupuncture can perform consistently better than a placebo in relieving pain or other symptoms for which it has been proposed".

To support their position, the NCAHF have collected information on research performed to determine the efficacy of acupuncture and report the results.

Position on Amalgam Fillings

Recently, there has been controversy regarding the use of amalgam fillings by dentists. A small group of activist individuals have spoken out against the use of amalgam on the grounds that it contains mercury. Some forms of mercury are toxic to humans, but the NCAHF point out that the form used in dental fillings is not. They support their position with references to scientific papers and statements from experts .

The NCAHF criticize those who exploit unfounded public fears in order to exploit them financially. A former dentist from Colorado has been singled out as an example of this activity. Hal Huggins has been stripped of his license to practice dentistry for improper conduct with regard to his patients, including Diagnosing "mercury toxicity" in all patients who consulted him in his office - even those who had no mercury fillings. In addition, Huggins recommended extraction of all teeth that had root canal therapy. The court ruled that Huggins' treatments were "a sham, illusory and without scientific basis" .

The court also ruled that dentists who adertize their practice as "mercury-free" are acting unethically because it falsely implies that amalgam fillings are somehow dangerous and that "mercury-free" methods are superior.

Position on Chriropractic

The NCAHF is strongly critical of much of the practice of chiropractic, describing the practice as "deviant" and that it is at odds with "anatomy, physiology, neurology, microbiology, pharmacology, pathology, immunology, and many other basic sciences". They also claim that "chiropractors generally oppose public health programs such as fluoridation, immunization, and sometimes pasteurization of milk".

The NCAHF point out that the practice can be dangerous and lead to injury or permanent disability.

Howeverr, the NCAHF does not categorically oppose the practive. The organization differentiated between the "hucksters" in the profession and what it calls "scientific chiropractors". The latter, according to the organization, will:

  • Advance only methods of diagnosis and treatment which have a scientific basis.
  • Openly disclaim the nonscientific 'subluxation theory'.
  • Restrict the scope of practice to neuromusculoskeletal problems loosely defined as Type M conditions (i.e. muscle spasms, strains, sprains, fatigue, imbalance of strength and flexibility, stretched or irritated nerve tissue, and so forth) recognizing that some Type M problems will fall outside the scope of even a scientific chiropractor.
  • Work closely with medical practitioners, consulting with them on cases involving possible pathology and readily referring when reasonable and prudent.
  • Use conservative methods of manipulative therapy.
  • Avoid exposing patients to unnecessary radiation.
  • Work to increase public awareness about abuses by non-scientific chiropractors.
  • Help other chiropractors become more scientific in their approaches to health care delivery.
  • Work to prohibit unqualified practitioners of all kinds from performing manipulation.
  • Aid in the prosecution of alleged malpractice.

But will NOT

Criticism

  • U.S. Representative Dan Burton, Chairman, Committee on Government Reform, has stated that it is not in the public interest for a health fraud watch group such as NCAHF to operate unrestrained and unendorsed by the government.
  • In his book Racketeering in Medicine: The Suppression of Alternatives, James P. Carter M.D. makes the following charges: "the NCAHF...receives funds from pharmaceutical manufacturers," and the NCAHF does not represent the consumer but rather "the interests of a select group of health-care providers - physicians in the private practice of medicine - and they represent the interest of pharmaceutical companies."
  • In a letter to Lyn Behrens, PhD President of Loma Linda University, Julian M. Whitaker, M.D. explains how the NCAHF and some of its members have acted against numerous practitioners who were listed on their "Persons on the Quack List Data Base" containing 2,551 names. He writes: " Obviously, considering the number of physicians listed, the only criteria for being added to this defamatory list would be the 'opinions' of those within the NCAHF. Please note that the list includes 1,137 MDs, 167 PhDs, 236 DOs, 79 DDSS, 228 DCs, and 441 others (BS, RN, ND, HMD, CSW, MSN). There are 52 double doctorates on the list, with two or more of the following degrees, MD, PhD, DO, DDS, DVM, DMD. Many have university affiliation, have published in the peer-review literature, and are respected authors of books or even textbooks. Please note that this 'quack' list includes Linus Pauling, PhD. "


The NCAHF denies all of these charges, saying:

"Such charges are apparently designed to draw attention from the true issues. NCAHF believes that consumers have a right to the information they need to make proper decisions, and that those who supply health products and/or services have a moral obligation to be truthful, competent, and accountable. NCAHF does not take sides in turf battles; it believes in one standard for all. Other than the common bond among those who believe that medical care should be based on science, NCAHF has no organizational ties to either organized medicine or the pharmaceutical industry. Nor has it ever received financial support from them. In fact, NCAHF is openly critical of the failure of organized medicine to take a more proactive consumer protection role and believes that medical discipline needs strengthening. NCAHF is also very critical of drug companies that market supplements, homeopathic products, and herbal products that are worthless, questionable, and/or unsafe. When pharmaceutical companies have marketed these products deceptively, NCAHF has exposed such activities and incurring the wrath of vitamin trade groups."

Lawsuits

Aroma Vera suit

In 1997, the NCAHF filed a lawsuit in California against Aroma Vera, a manufacturer of aromatherapy supplies, asserting false advertising. In 1998, the judge ruled that NCAHF lacked standing to file such a suit. In 1999 this ruling was reversed on appeal. In 2000, Aroma Vera settled out of court on the stipulation they would not make 57 of the disputed claims in advertising within California.


NCAHF v. King Bio

In 2001, NCAHF (Plaintiff) sued King Bio Pharmaceuticals (Defendants), a homeopathic pharmaceutical company, for false advertising and unfair business practices. The court granted a directed verdict for Defendants, after Plaintiff presented its case. Plaintiff suggested in its initial trial brief that it could not prove the elements of its claims, and argued that none or only "slight" evidence should be required to shift the burden of proof to the Defendant. Id. The court explained the general principle in civil actions - that one filing a lawsuit has the burden to prove its claims by a preponderance (51%) of the evidence.

References

  1. National Council Against Health Fraud
  2. ^ NCAHF Mission Statement
  3. Secretary of the Commonwealth, Corporations Division. Corporate DatabaseThe Commonwealth of Massachusetts. Boston, MA. accessed 19 Dec 2006.
  4. Secretary of State (California). Corporations. California Business Portal current as of "DEC 15, 2006".
  5. Internal Revenue Service. Search for National Council Against Health Fraud, then choose "All of the words".
  6. ^ NATIONAL COUNCIL AGAINST HEALTH FRAUD, Dynamic Chiropractic, October 10, 1990, Volume 08, Issue 21.available online
  7. ^ NCAHF. NCAHF History. National Council Against Health Fraud, Inc. available online, accessed 25 Dec 2006
  8. Law Offices of CF Negrete. Federal Judge Throws Out Barrett Lawsuit. June 28, 2003. available online, accessed 25 Dec 2006
  9. PBS Broadcast Angers Chiropractors (complaints of NCAHF involvement)
  10. Burton hearing
  11. Racketeering in Medicine: The Suppression of Alternatives, by James P. Carter, M.D., published by Hampton Roads Publishing Co. Inc., 1993, (ISBN 1-878901-32-X)
  12. Persons on the Quack List Data Base- Letter to Lyns Behrens from Julian M. Whitaker
  13. Aromatherapy Company Agrees to Stop False Advertising
  14. ^ Superior Court of Los Angeles County, Case No. BC245271 (December 3, 2001)

See also

External links

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