QUACKERY
(Investigator 208, 2023 January)
In the previous chapter I dealt with questionable medical devices,
pills and potions, but how does one smell a rat? The following has been
adapted from The Vitamin Pushers: How the "Health Food" Industry is Selling America a Bill of Goods,
by Stephen Barrett, M.D., and Victor Herbert, M.D., J.D. (Prometheus
Books, Amherst, N.Y. 1994) and included with the permission of Dr.
Stephen Barrett.
Information about the books, similar works, and a comprehensive look at
alternative healthcare may be obtained at Dr. Barrett's highly
recommended website: http:// www.quackwatch.com
Twenty-Five Ways to Spot Quacks and Vitamin Pushers
How can food quacks and other vitamin pushers be recognized? Here are 25 signs that should arouse suspicion.
1. When Talking about Nutrients, They Tell Only Part of the Story.
Quacks tell you all the wonderful things that vitamins and minerals do
in your body and/or all the horrible things that can happen if you
don't get enough. But they conveniently neglect to tell you that a
balanced diet provides the nutrients people need and that the United
States Department of Agriculture (USDA) food-group system makes
balancing your diet simple.
2. They Claim That Most Americans Are Poorly Nourished.
This is an appeal to fear that is not only untrue, but ignores the fact
that the main forms of bad nourishment in the United States are
undernourishment among the poverty-stricken and overweight in the
population at large, particularly the poor. Poor people can ill afford
to waste money on unnecessary vitamin pills. Their food money should be
spent on nourishing food.
It is falsely alleged that Americans are so addicted to "junk" foods
that an adequate diet is exceptional rather than usual. While it is
true that some snack foods are mainly "naked calories" (sugars and/or
fats without other nutrients), it is not necessary for every morsel of
food we eat to be loaded with nutrients. In fact, no normal person
following the USDA food-group guidelines is in any danger of vitamin
deficiency.
3. They Recommend "Nutrition Insurance" for Everyone.
Most vitamin pushers suggest that everyone is in danger of vitamin
deficiency and should therefore take supplements "insurance". Some
suggest that it is difficult to get what you need from food, while
others claim that it is impossible. Their pitch resembles that of the
door-to-door huckster who states that your perfectly good furnace is in
danger of blowing up unless you replace it with his product. Vitamin
pushers will never tell you who doesn't need their products.
4. They Say That Most Diseases Are Due to Faulty Diet and Can Be Treated with "Nutritional" Methods.
This simply isn't so. Consult your doctor or any recognized textbook of
medicine. They will tell you that although diet is a factor in some
diseases (most notably coronary heart disease), most diseases have
little or nothing to do with diet.
Common symptoms like malaise (feeling poorly), fatigue, lack of pep,
aches (including headaches) or pains, insomnia, and similar complaints
are usually the body's reaction to emotional stress. The persistence of
such symptoms is a signal to see a doctor to be evaluated for possible
physical illness. It is not a reason to take vitamin pills.
5. They Allege That Modern Processing Methods and Storage Remove all Nutritive Value from Our Food.
It is true that food processing can change the nutrient content of
foods. But the changes are not so drastic as the quack who wants you to
buy supplements would like you to believe. While some processing
methods destroy some nutrients, others add them. A balanced variety of
foods will provide all the nourishment you need.
Quacks distort and oversimplify. When they say that milling removes
B-vitamins, they don't bother to tell you that enrichment puts them
back. When they tell you that cooking destroys vitamins, they omit the
fact that only a few vitamins are sensitive to heat. Nor do they tell
you that these vitamins are easily obtained by consuming a portion of
fresh uncooked fruit, vegetable, or fresh or frozen fruit juice each
day. Any claims that minerals are destroyed by processing or cooking
are pure lies. Heat does not destroy minerals.
6. They Claim That Diet Is a Major Factor in Behaviour.
Food quacks relate diet not only to disease but to behaviour. Some
claim that adverse reactions to additives and/or common foods cause
hyperactivity in children and even criminal behaviour in adolescents
and adults. These claims are based on a combination of delusions,
anecdotal evidence, and poorly designed research.
7. They Claim That Fluoridation Is Dangerous.
Curiously, quacks are not always interested in real deficiencies.
Fluoride is necessary to build decay-resistant teeth arid strong bones.
The best way to obtain adequate amounts of this essential nutrient is
to augment community water supplies so their fluoride concentration is
about one part fluoride for every million parts of water. But quacks
are usually opposed to water fluoridation, and some advocate water
filters that remove fluoride. It seems that when they cannot profit
from something, they may try to make money by opposing it.
8. They Claim That Soil
Depletion and the Use of Pesticides and "chemical" Fertilizers Result
in Food That Is Less Safe and Less Nourishing.
These claims are used to promote the sale of so-called "organically
grown" foods. If an essential nutrient is missing from the soil, a
plant simply doesn't grow. Chemical fertilizers counteract the effects
of soil depletion. Quacks also lie when they claim that plants grown
with natural fertilizers (such as manure) are nutritionally superior to
those grown with synthetic fertilizers. Before they can use them,
plants convert natural fertilizers into the same chemicals that
synthetic fertilizers supply. The vitamin content of a food is
determined by its genetic makeup. Fertilizers can influence the levels
of certain minerals in plants, but this is not a significant factor in
the American diet. The pesticide residue of our food supply is
extremely small and poses no health threat. Moreover, several studies
have found that the amounts of pesticide residue in foods labelled
organic were similar to those in foods not labelled organic. Foods
certified as "organic" are not safer or more nutritious than other
foods. In fact, except for their high price, they are not significantly
different.
9. They Claim You Are in Danger of Being "Poisoned" by Ordinary Food Additives and Preservatives.
This is another scare tactic designed to undermine your confidence in
food scientists and government protection agencies as well as our food
supply itself. Quacks want you to think they are out to protect you.
They hope that if you trust them, you will buy their "natural" food
products. The fact is that the tiny amounts of additives used in food
pose no threat to human health. Some actually protect our health by
preventing spoilage, rancidity, and mould growth.
10. They Charge That the Recommended Dietary Allowances (RDAs) Have Been Set Too Low.
The RDAs have been published by the National Research Council every
five years since 1943. They are defined as "the levels of intake of
essential nutrients that, on the basis of scientific knowledge, are
judged by the Food and Nutrition Board to be adequate to meet the known
nutrient needs of practically all healthy persons".
Neither the RDAs nor the Daily Values listed on food labels are
"minimums" or "requirements". They are deliberately set higher than
most people need. The reason quacks charge that the RDAs are too low is
obvious. If you believe you need more than can be obtained from food,
you are more likely to buy supplements.
11. They Claim That Under Stress, and in Certain Diseases, Your Need for Nutrients Is Increased.
Many vitamin manufacturers have advertised that "stress robs the body
of vitamins". One company has asserted that, "if you smoke, diet, or
happen to be sick, you may be robbing your body of vitamins". Another
has warned that "stress can deplete your body of water-soluble vitamins
and daily replacement is necessary". Other products are touted to fill
the "special needs of athletes".
While it is true that the need for vitamins may rise slightly under
physical stress and in certain diseases, this type of advertising is
fraudulent. The average American — stressed or not — is not in danger
of vitamin deficiency. The increased needs to which the ads refer are
not higher than the amounts obtainable by proper eating. Someone who is
really in danger of deficiency due to an illness would be very sick and
would need medical care, probably in a hospital. But these promotions
are aimed at average Americans who certainly don't need vitamin
supplements to survive the common cold, a round of golf, or a jog
around the neighborhood!
Athletes get more than enough vitamins when they eat the food needed to meet their caloric requirements.
Many vitamin pushers suggest that smokers need vitamin C supplements.
Although it is true that smokers in North America have somewhat lower
blood levels of this vitamin, these levels are still far above
deficiency levels. In America, cigarette smoking is the leading cause
of death preventable by self-discipline. Rather than seeking false
comfort by taking vitamin C, smokers who are concerned about their
health should stop smoking. Suggestions that "stress vitamins" are
helpful against emotional stress are also fraudulent.
12. They Recommend "Supplements" and "Health Foods" for Everyone.
Food quacks belittle normal foods and ridicule the food-group systems
of good nutrition. They may not tell you they earn their living from
such pronouncements — via public appearance fees, product endorsements,
sale of publications or financial interests in vitamin companies,
health-food stores or organic farms.
The very term "health food" is a deceptive slogan. Judgments about
individual foods should take into account how they contribute to an
individual's overall diet. All food is health food in moderation; any
food is junk food in excess. Did you ever stop to think that your
corner grocery, fruit market, meat market, and supermarket are also
health-food stores?
They are — and they generally charge less than stores that use the slogan.
By the way, have you ever wondered why people who eat lots of "health
foods" still feel they must load themselves up with vitamin
supplements? Or why so many "health food" shoppers complain about ill
health?
13. They Cairn That "Natural" Vitamins are Better than "Synthetic" Ones.
This claim is a flat lie. Each vitamin is a chain of atoms strung
together as a molecule. Molecules made in the "factories" of nature are
identical to those made in the factories of chemical companies. Does it
makes sense to pay extra for vitamins extracted from foods when you can
get all you need from the foods themselves?
14. They Suggest That a Questionnaire Can Be Used to indicate Whether You Need Dietary Supplements.
No questionnaire can do this. A few entrepreneurs have devised lengthy
computer-scored questionnaires with questions about symptoms that could
be present if a vitamin deficiency exists. But such symptoms occur much
more frequently in conditions unrelated to nutrition. Even when a
deficiency actually exists, the tests don't provide enough information
to discover the cause so that suitable treatment can be recommended.
That requires a physical examination and appropriate laboratory tests.
Many responsible nutritionists use a computer to help evaluate their
clients' diets. But this is done to make dietary recommendations, such
as reducing fat content or increasing fiber content. Supplements are
seldom useful unless the person is unable (or unwilling) to consume an
adequate diet.
Be wary too, of questionnaires purported to determine whether
supplements are needed to correct "nutrient deficiencies" or "dietary
inadequacies". These questionnaires are scored so that everyone who
takes the test is judged deficient. Responsible dietary analyses
compare the individual's average daily food consumption with the
recommended numbers of servings from each food group. The safest and
best way to get nutrients is generally from food, not pills. So even if
a diet is deficient the most prudent action is usually diet
modification rather than supplementation with pills.
15. They Say It Is Easy to Lose Weight.
Diet quacks would like you to believe that special pills or food
combinations can cause "effortless" weight loss. But the only way to
lose weight is to burn off more calories than you eat. This requires
self-discipline: eating less, exercising more, or preferably doing
both. There are about 3,500 calories in a pound of body weight. To lose
one pound a week (a safe amount that is not just water), you must eat
about five hundred fewer calories per day than you burn up. The most
sensible diet for losing weight is one that is nutritionally balanced
in carbohydrates, fats, and proteins. Most fad diets "work" by
producing temporary weight loss — as a result of calorie
restriction. But they are invariably too monotonous and are often too
dangerous for long-term use. Unless a dieter develops and maintains
better eating and exercise habits, weight lost on a diet will soon
return.
The term "cellulite" is sometimes used to describe the dimpled fat found on the hips and thighs of many women.
Although no medical evidence supports the claim, cellulite is
represented as a special type of fat that is resistant to diet and
exercise. Sure-fire cellulite remedies include creams (to "dissolve"
it), brushes, rollers, "loofah" sponges, rubberized pants, and
vitamin-mineral supplements with or without herbs. The cost of various
treatment plans runs from a few dollars for a bottle of vitamins to
many hundreds of dollars at a salon that offers heat treatments,
massage, enzyme injections, and/or treatment with various gadgets. The
simple truth about "cellulite" is that it is ordinary fat that can be
lost only as part of an overall reducing program.
16. They Promise Quick, Dramatic, Miraculous Results.
Often the promises are subtle or couched in "weasel words" that create
an illusion of a promise, so promoters can deny making them when the
"Feds" close in. False promises of cure are the quacks' most immoral
practice. They don't seem to care how many people they break
financially or in spirit by elation over their expected good fortune
followed by deep depression when the "treatment" fails. Nor do quacks
keep count — while they fill their bank accounts — of how many people
they lure away from effective medical care into disability or death.
Quacks will tell you that "megavitamins" (huge doses of vitamins) can
prevent or cure many different ailments, particularly emotional ones.
But they won't tell you that the "evidence" supporting such claims is
unreliable because it is based on inadequate investigations, anecdotes
or testimonials. Nor do quacks inform you that megadoses may be
harmful. Megavitamin therapy is nutritional roulette, and only the
house makes the profit.
17. They Routinely Sell Vitamins and Other "Dietary Supplements" as Part of Their Practice.
Although vitamins are useful as therapeutic agents for certain health problems, the number of such conditions is small.
Practitioners who sell supplements in their offices invariably
recommend them inappropriately. In addition, such products tend to be
substantially more expensive than similar ones in drugstores — or even
health-food stores. You should also disregard any magazine or
newsletter whose editor or publisher sells vitamins.
18. They Use Disclaimers Couched in Pseudomedical Jargon.
Instead of promising to cure your disease, some quacks will promise to
"detoxify," "purify," or "revitalize" your body; "balance" its
chemistry; bring it in harmony with nature; "stimulate" or "strengthen"
your immune system; "support" or "rejuvenate" various organs in your
body; or stimulate your body's power to heal itself. Of course, they
never identify or make valid before-and-after measurements of any of
these processes. These disclaimers serve two purposes. First, since it
is impossible to measure the processes quacks allege, it may be
difficult to prove them wrong. Moreover, if a quack is not a physician,
the use of nonmedical terminology may help to avoid prosecution for
practicing medicine without a license — although it shouldn't.
Some approaches to "detoxification" are based on notions that, as a
result of intestinal stasis, intestinal contents putrefy, and toxins
are formed and absorbed, which causes chronic poisoning of the body.
This "autointoxication" theory was popular around the turn of the
[20th] century but was abandoned by the scientific community during the
1930s. No such "toxins" have ever been found, and careful observations
have shown that individuals in good health can vary greatly in bowel
habits. Quacks may also suggest that fecal material collects on the
lining of the intestine and causes trouble unless removed by laxatives,
colonic irrigation, special diets, and/or various herbs or food
supplements that "cleanse" the body.
The falsity of this notion is obvious to doctors who perform intestinal
surgery or peer within the large intestine with a diagnostic
instrument. Fecal material does not adhere to the intestinal lining.
Colonic irrigation is done by inserting a tube up to a foot or more
into the rectum and pumping up to twenty gallons of warm water in and
out.
This type of enema is not only therapeutically worthless but can cause
fatal electrolyte imbalance. Cases of death due to intestinal
perforation and infection (from contaminated equipment) have also been
reported.
19. They Use Anecdotes and Testimonials to Support Their Claims.
We all tend to believe what others tell us about personal experiences.
But separating cause and effect from coincidence can be difficult. If
people tell you that product "X" has cured their cancer, arthritis, or
whatever, be skeptical. They may not actually have had the condition.
If they did, their recovery most likely would have occurred without the
help of product X. Most single episodes of disease end with just the
passage of time, and most chronic ailments have symptom-free periods.
Establishing medical truths requires careful and repeated investigation
— with well-designed experiments, not reports of coincidences
misperceived as cause-and-effect. That's why testimonial evidence is
forbidden in scientific articles and is usually inadmissible in court.
Never underestimate the extent to which people can be fooled by a
worthless remedy. During the early 1940s, many thousands of people
became convinced that "glyoxylide" could cure cancer. Yet analysis
showed that it was simply distilled water! Many years before that, when
arsenic was used as a "tonic", countless numbers of people swore by it
even as it slowly poisoned them.
Symptoms that are psychosomatic (bodily reactions to tension) are often
relieved by anything taken with a suggestion that it will work.
Tiredness and other minor aches and pains may respond to any
enthusiastically recommended nostrum. For these problems, even
physicians may prescribe a placebo. A placebo is a substance that has
no pharmacological effect on the condition for which it is used, but is
given to satisfy a patient who supposes it to be a medicine. Vitamins
(such as B12 shots) are commonly used in this way.
Placebos act by suggestion. Unfortunately, some doctors swallow the
advertising hype or become confused by their own observations and
"believe in vitamins" beyond those supplied by a good diet. Those who
share such false beliefs do so because they confuse coincidence or
placebo action with cause and effect. Homeopathic believers make the
same error
20. They claim That Sugar Is a Deadly Poison.
Many vitamin pushers would have us believe that sugar is "the killer on
the breakfast table" and is the underlying cause of everything from
heart disease to hypoglycemia. The fact is, however, that when sugar is
used in moderation as part of a normal, balanced diet, it is a
perfectly safe source of calories and eating pleasure. In fact, if you
ate no sugar, your liver would make it from protein and fat because
your brain needs it. Sugar is a factor in the tooth decay process, but
what counts is not merely the amount of sugar in the diet but how long
any digestible carbohydrate remains in contact with the teeth. This, in
turn, depends on such factors as the stickiness of the food, the type
of bacteria on the teeth, and the extent of oral hygiene practiced by
the individual.
21. They Display Credentials Not Recognized by Responsible Scientists or Educators.
The backbone of educational integrity in America is a system of
accreditation by agencies recognized by the U.S. Secretary of Education
or the Council on Postsecondary Recognition and Accreditation.
"Degrees" from nonaccredited schools are rarely worth the paper they
are printed on.
In the health field, there is no such thing as a reliable school that
is not accredited. Unfortunately, possession of an accredited degree
does not guarantee reliability. Some schools that teach unscientific
methods (chiropractic, naturopathy, acupuncture, and even quack
nutritional methods) have achieved accreditation. Worse yet a small
percentage of individuals trained in reputable institutions (such as
medical or dental schools or accredited universities) have strayed from
scientific thought.
Since quacks operate outside of the scientific community, they also
tend to form their own "professional" organizations. In some cases, the
only membership requirement is payment of a fee. We and others we know
have secured fancy "professional member" certificates for household
pets by merely submitting the pet'
s name, address, and a check for $50. Don't assume that all groups with
scientific-sounding names are respectable. Find out whether their views
are scientifically based.
Some quacks are promoted with superlatives like "the world's foremost
nutritionist" or "America's leading nutrition expert". There is no law
against this tactic, just as there is none against calling oneself the
"World's Foremost Lover". However, the scientific community recognizes
no such title.
22. They Offer to Determine Your Body's Nutritional State with a Laboratory Test or a Questionnaire.
Various health-food industry members and unscientific practitioners
utilize tests that they claim can determine your body's nutritional
state and, of course, what products you should buy from them. One
favorite method is hair analysis. For $25 to $50 plus a lock of your
hair, you can get an elaborate computer printout of vitamins and
minerals you supposedly need. Hair analysis has limited value (mainly
in forensic medicine) in the diagnosis of heavy metal poisoning, but it
is worthless as a screening device to detect nutritional problems. If a
hair analysis laboratory recommends supplements, you can be sure that
its computers are programmed to recommend them to everyone. Other tests
used to hawk supplements include amino acid analysis of urine,
muscle-testing (applied kinesiology), iridology, blood typing,
"nutrient-deficiency" questionnaires, and "electrodiagnostic" gadgets.
23. They Claim They Are Being Persecuted by Orthodox Medicine and That Their Work Is Being Suppressed Because It's Controversial.
The "conspiracy charge" is an attempt to gain sympathy by portraying
the quack as an "underdog". Quacks typically claim that the American
Medical Association is against them because their cures would cut into
the incomes that doctors make by keeping people sick. Don't fall for
such nonsense! Reputable physicians are plenty busy. Moreover, many
doctors engaged in prepaid health plans, group practice, full-time
teaching, and government service receive the same salary whether or not
their patients are sick, so keeping their patients healthy reduces
their workload, not their income.
Quacks also claim there is a "controversy" about facts between
themselves and "the bureaucrats", organized medicine, or "the
establishment". They clamor for medical examination of their claims,
but ignore any evidence that refutes them. The gambit "Do you believe
in vitamins?" is another tactic used to increase confusion. Everyone
knows that vitamins are needed by the human body. The real question is
"Do you need additional vitamins beyond those in a well-balanced diet?"
For most people, the answer is no. Nutrition is a science, not a
religion. It is based upon matters of fact, not questions of belief.
Any physician who found a vitamin or other preparation that could cure
sterility, heart disease, arthritis, cancer, or the like, could make an
enormous fortune. Patients would flock to such a doctor (as they now do
to those who falsely claim to cure such problems), and colleagues would
shower the doctor with awards — including the Nobel Prize! And don't
forget, doctors get sick, too. Do you believe they would conspire to
suppress cures for diseases that also afflict them and their loved
ones? When polio was conquered, iron lungs became virtually obsolete,
but nobody resisted this advancement because it would force hospitals
to change. And neither will scientists mourn the eventual defeat of
cancer.
24. They Warn You Not to Trust Your Doctor.
Quacks, who want you to trust them, suggest that most doctors are
"butchers" and "poisoners". They exaggerate the shortcomings of our
healthcare delivery system, but completely disregard their own — and
those of other quacks. For the same reason, quacks also claim that
doctors are nutrition illiterates. This, too, is untrue. The principles
of nutrition are those of human biochemistry and physiology, courses
required in every medical school. Some medical schools don't teach a
separate required course labelled "Nutrition" because the subject is
included in other courses at the points where it is most relevant. For
example, nutrition in growth and development is taught in pediatrics,
nutrition in wound healing is taught in surgery, and nutrition in
pregnancy is covered in obstetrics. In addition, many medical schools
do offer separate instruction in nutrition.
A physician's training, of course, does not end on the day of
graduation from medical school or completion of specialty training. The
medical profession advocates lifelong education, and some states
require it for license renewal. Physicians can further their knowledge
of nutrition by reading medical journals and textbooks, discussing
cases with colleagues, and attending continuing education courses. Most
doctors know what nutrients can and cannot do and can tell the
difference between a real nutritional discovery and a piece of quack
nonsense. Those who are unable to answer questions about dietetics
(meal planning) can refer patients to someone who can — usually a
registered dietitian.
Like all human beings, doctors sometimes make mistakes. However, quacks deliver mistreatment most of the time.
25. They Encourage Patients to Lend Political Support to Their Treatment Methods.
A century ago, before scientific methodology was generally accepted,
valid new ideas were hard to evaluate and were sometimes rejected by a
majority of the medical community, only to be upheld later. But today,
treatments demonstrated as effective are welcomed by scientific
practitioners and do not need a group to crusade for them. Quacks seek
political endorsement because they can't prove that their methods work.
Instead, they may seek to legalize their treatment and force insurance
companies to pay for it.
One of the surest signs that a treatment doesn't work is a political campaign to legalize its use.
Consumer law in the U.S.A.
Much of this book has been devoted to exposing the false claims made on
behalf of pseudo-medicine and quackery. It is pertinent therefore, to
ask what consumer legislation is in place to protect the consumer from
fraud and deceptive practices.
A perfunctory look at the powerful consumer legislation existing in the
United States would give one the impression that it would be difficult
for fraud and quackery to persist. Yet it does, simply because far more
fraudulent promotions arise than government regulatory agencies can
handle.
Principal among them, is the U.S. Food and Drug Administration with a
budget in 1996 of nearly $900 million and over 9,000 full-time
employees.
In 1940 the FDA became part of a new Federal Security Agency, which, in
1953, was elevated to cabinet status as the Department of Health,
Education, and Welfare (HEW). In 1979 HEW became the Department of
Health and Human Services (HHS).
The FDA's main function is to protect the public from health hazards
involving foods, drugs, cosmetics, and medical devices. It sets
performance standards; conducts inspections, surveys, and analyses to
measure compliance with these standards; evaluates drugs; biologics;
and devices that require pre-market clearance; initiates enforcement
actions when necessary; and helps inform and educate industry health
professionals, and the public.
Since the original Pure Food and Drug Act
(1906), passed in response to public concern about the safety of foods
and drugs, there have been over two dozen Acts and Amendments designed
to overhaul and strengthen its provisions. Among them, the labelling of
medicines, food and colour additives, warnings about hazardous
chemicals, and child-safe packaging.
Other agencies looking out for consumers' interests include the U.S.
Postal Service which has jurisdiction when money is sent through the
mail for products or services. A section of the postal laws can be used
to block promoters of misleading schemes from receiving money through
the mail, and provides for criminal prosecution where there is intent
to deceive. There are many non-governmental organisations such as
Consumer Union, The Consumer Federation of America, The National
Consumers' League, The American Council on Science and Health (ASCSH),
The Committee for the Scientific Investigation of Claims of the
Paranormal (CSICOP) and The National Council Against Health Fraud
(NCAHF).
There are also many informative newsletters to which the public can refer, such as Priorities magazine, Healthline newsletter, and Consumer Reports on Health, and Nutrition Forum, all of which alert the readers to health frauds. A recent addition is The Journal for the Scientific Review of Alternative Medicine, obtainable from Prometheus Books. It seeks justified answers to two questions, "Is it true?" and "Does the treatment work?"
With such a dearth of information available on the subject of
alternative medicine, the public should be adequately armed to make
intelligent decisions.
Consumer law in Australia
In Australia, similar legislation exists to safeguard the consumer,
albeit less encompassing. Proponent literature featuring alternate
medicine, therapies and treatments out-numbers science-based medical
literature tenfold.
Consumer protection legislation
Throughout Australia, there are various State and Federal laws designed
to protect the consumer. The principal legislation being the Fair
Trading Act 1987, administered by The Office of Business and Consumer
Affairs.
The Trade Practices Act is to protect consumers on a federal level. It
is administered by the Australian Consumer and Competition Commission,
the ACCC.
Each state has its own version of the Fair Trading Act, and the South
Australian Act is used as an example here. Other states' Acts are
similar.
Clause 42 of the Fair Trading Act refers to Substantiation of Claims.
In brief, the Commissioner for Consumer and Business Affairs can demand
that a trader substantiate any claim that they make. Failure to do so
can incur a penalty of $5000.
Clause 56 states that no person shall engage in misleading and deceptive conduct.
Cause 57 refers to the relative bargaining strengths of the trader and
consumer, whether the consumer could understand the documents and
unfair tactics used by the trader.
Clause 58 prohibits false or misleading representations in relation to
value, previous use, history, performance characteristics or benefits
of any goods or services.
Clauses 63 and 64 prohibit conduct that is liable to mislead the public
as to the nature and suitability for the purpose of any goods or
services.
This ensures that items such as children's toys, used cars and
electrical appliances are safe and reliable purchases. Likewise, you
can be sure that services provided by licensed contractors such as
electricians, plumbers, automotive mechanics and hairdressers will
conform to the standards and regulations laid down by their respective
licensing boards. Similarly, the Trade Measurement Section of the
Office of Business and Consumer Affairs, ensures that you receive the
correct weight and measurement of the goods you purchase.
So it would seem, in theory anyway, that legislation for the protection
of consumers exists. But what about consumer protection from fraudulent
health practices?
The Liberal Party's health policy is spelled out in the document, A Healthy Future.
Page 26 of that document relates to "Alternative" treatments. The
government has directed the Department of Employment, Education and
Training and the Department of Health and Human Services to work with
the various non-registered alternative therapies to define appropriate
training, accreditation and qualification standards for practitioners
of those therapies.
Accreditation
How does an organisation get accreditation?
Suppose you want to get government accreditation for a school — any
sort of school. You submit the curriculum of your school to an
Accreditation Registration Council in the state Department of
Employment, Training and Further Education, (TAFE). They look at a
variety of factors such as the number of chairs, overhead projectors
and so on, and may ask expert advice on the subject matter. The
deciding panel consists of those engaged in a similar business. That
is, examination and approval by peers. Acupuncturists are judged by
other acupuncturists, hairdressers by hairdressers and so on.
In respect of "alternative" healthcare, those who are involved in the
natural health industry look at the curriculum. Whether it works or not
is not even in question. The Department of Education, Training and
Further Education has no interest in efficacy and no right to even
question it. Their business is education, not health. Once they give
your curriculum the thumbs up, you have State Government accreditation.
Austudy/Abstudy
Although established to subsidise the further education of children of
the financially disadvantaged and aboriginal children, you can now
apply to the Federal Government who will automatically give your school
Austudy and Abstudy approval.
Repeated attempts to stop this silly cycle fall on deaf government
ears. The Federal Government accepts what the State Governments say and
the State Governments accept what the school owners say. Catch 22 was
never as good as this.
Now you can not only advertise that your school is government
accredited and Austudy/Abstudy approved, but taxpayers are effectively
paying the students' school fees.
The Government has also ensured that the approval processes of the
Therapeutic Goods Administration does not throw up unnecessary barriers
to people obtaining "alternative" therapeutic products where the
intrinsic safety of the product is not in doubt but the therapeutic
effectiveness is unproven. As a citizen and a consumer, you are
entitled to ask your government, "How can I tell the difference if I
want the same guarantee that I get from a licensed hairdresser?"
Australian Therapeutic Goods Administration. (TGA)
To a very small degree, the answer is the Aust R and the Aust L
numbers. These numbers are supposed to be put on all devices and goods
that make therapeutic claims, but many vendors fail to do so and the
devices and goods are sold unmarked. Therapeutic devices include
everything from heart valves to hypodermic needles. Therapeutic goods
are basically things that you swallow or rub on.
Testing for full registration is expensive, and can run into tens of
thousands of dollars. Consequently, only specific therapeutic products
such as intraocular lenses and heart pacemakers have to be given "full
registration".
In simple terms, medicines that are proven to work get an Aust R number
for Registration. Anything else that claims to be medicine, but has no
evidence to back it up, gets an Austt L number for Listing. A red
spotted handkerchief and a purple anodised aluminium disc are two
products that share this dubious honour with several thousand other
devices and over 15,000 goods. The requirements for Aust L involves
testing only for things such as basic safety, with no testing of any
aspect concerning whether the device, system or product actually does
what is claimed. The hypocrisy of having this double standard was
introduced with the Therapeutic Goods Act 1989, and its sole purpose
appears to be to protect the income of people who want to sell goods
and devices that can't be demonstrated to work.
I used the phrase "to a very small degree" because I challenge anyone
to go to a pharmacy, a health food shop, a supermarket or any other
outlet that sells therapeutic goods and ask the staff if the products
are Listed or Registered. You will probably get a "Yes" for an answer,
as very few people know anything about it. Once you get past that, ask
them if they know the difference.
Government Attitude
In 1996, Senator Woods commissioned a report into the Therapeutic Goods
Administration. It was called the Woods Review. On page 53 of that
review, it is stated that "the Therapeutic Goods Administration ... has
rarely if ever ... asked for evidence (of efficacy) and there is in
fact little or no legislative backing for the Therapeutic Goods
Administration to require evidence of efficacy for listed products".
How do you get a product Listed? Just make some therapeutic claims
about lawn clippings, Smarties or a children's toy, pay $220 and it is
Listed in your name. Your next door neighbour can take exactly the same
products, make different therapeutic claims about them and list them
for the same price. When you market your Listed product, just in case
you get confused as to the fine wording of what you can and can't
claim, the Therapeutic Goods Administration will send you a free copy
of their Advertising Code. The main function of this code is to help
you to get around Clause 56 of the Fair Trading Act, regarding
misleading and deceptive conduct.
Misleading and deceptive conduct
Eating an apple in Australia is something that we can do without fear.
If you travel in large parts of Asia, South America and Africa, the
only fruit you dare to eat is the sort you can peel. To eat an apple
the way we do in Australia is to invite a tummy upset at least, and
possibly death. Coca-Cola is one of the best known icons in the world.
All but the most health conscious of us would snap open the familiar
red and white can and drink the contents with confidence. We don't have
to be concerned about infection, foreign objects or poison.
In all other areas, consumers are able to make an informed choice. If
you look up "alternative", "complementary" and "medicine" in the
dictionary, you will find very clear definitions. If it is not an
alternative to medicine, then don't call it an alternative. If it is
not medicine, then don't call it medicine. Terms such as health food,
therapy, remedial, science and various "ologies", should be restricted
to products or services that can demonstrate that they are what they
are advertising.
Current consumer legislation is sufficient to prevent traders from
making false claims. In long discussions involving the state
Attorney-General, the Commissioner and the Manager of Consumer and
Business Affairs, John Foley, a consumer advocate with Skeptics (SA),
has been assured that they are not going to enact the current
legislation, and that it's a Health concern.
The S.A. Health Commission and the Federal Department of Health and
Family Services have no legislation to control any of it. They only
handle the medical industry.
Summary
People should be free to choose how they look after their own health.
If an adult gets sick and chooses to go to a church and pray, then that
should be the individual's choice. If someone chooses to go to a
homoeopath instead of a science-based medical practitioner, that choice
too should be up to the individual. The non-medical industry has worked
very hard to blur the boundaries of science and faith, but where are
the safeguards? When contemplating "alternative" healthcare, we should
at least be entitled to the same protection as when we buy petrol or a
yo-yo.
From: Edwards, H. 1999 Alternative, Complementary, Holistic & Spiritual Healing, Australian Skeptics Inc.
Investigating religion, the supernatural and the paranormal, including
alternative healing, various religions and the Bible, on this website:
https://ed5015.tripod.com/