CSfederal warnings, regarding health advice - internet sting ops to begin in January

2003-11-21 Thread Sara Mandal-Joy

===
- Original Message -
From: Dominie Bush
Sent: Thursday, November 20, 2003 2:08 AM
Subject: Death of the newsletter and my FMS/CFIDS website??

Dear Newsletter Readers,

1. I was contacted today by a leading attorney whose job it is to 
warn those who give advice related to health conditions on the internet. This 
is now illegal, unless you are a medical doctor. 
My website at http://www.fms-help.com
is not in compliance with FTC regulations.

2. Beginning Jan. 1, 2004, the FTC will begin a sting operation 
where someone will email or call to ask for help with a health problem. Should 
the
kind-hearted soul reply with some advice, they can be fined $250,000--yep, 
that's 
a quarter of a million dollars(!) if they are not a medical doctor. I asked 
the attorney if the FTC would sue companies or individuals and was told that 
the 
FTC isn't putting up with it anymore and that individuals will be sued.

3. Because of this, I can no longer trust that people who write to 
me are actually FMS/CFIDS sufferers. I will still be accepting email at 
d...@fms-
help.com but may not reply.

4. The attorney was most sympathetic with the use of nutritional 
supplements, because of a family member with serious health problems that drugs 
couldn't help.
The person suffered serious side effects and is now using ONLY nutritional
supplements and doing much better. The attorney even enthusiastically endorsed 
a 
popular nutritional supplement in the course of our conversation.

5. The attorney said that Sen. Richard Durbin of Illinois is trying 
to get rid of dietary supplements and described him as the meanest man on the 
planet. My husband looked up Sen. Durbin's website and found an email 
address to write to him: d...@durbin.senate.gov My husband also found a good 
letter 
on the net at http://joeclarke.net/vitamins.htm (It's called, Hey 
Government, Don't Take Away My Vitamins.) There are many more letters out 
there too, I've found.

6. Well, I have been in tears and grieving the loss of the website 
and newsletter most of the day. I need to do something VERY QUICKLY about my 
website, but I have no idea what! Please PRAY for me to know what to do! Many 
of 
you have been with me for years and we have had the most wonderful 
relationship of support and caring. I will always treasure that!!!

7. What happened to my freedom of speech?Or is that only reserved for
pornographers now?! How can I get information out to people with FMS/CFIDS, if 
I 
can't say anything because I am not a doctor?!!?? I am stumped!

8. My monthly newsletter is really YOUR newsletter, because much of 
the information comes from you and I pass it on via the newsletter to others 
who 
suffer with FMS/CFIDS. This is now against FTC regulations and they will be 
enforced and I could be sued.

9. The information on my website at http://www.fms-help.com has 
helped many people around the world and even prevented suicides. For the past 7 
years, I have had calls and emails from thousands of people who desperately 
needed information and help in dealing with their fibromyalgia and chronic 
fatigue 
syndrome. Their doctors have failed them and no one really understands what 
it's 
like unless you have these conditions yourself. When you consider that Dr. 
Kervorkian has helped 4 women with FMS/CFIDS to end their lives, you realize 
the 
desperation and hopelessness in the hearts of many with chronic invisible 
illness.

10. My FMS/CFIDS website has been on the net since 1996, but it appears to now
be coming to an end. At the very LEAST, I will have to severely curtail the
information I offer on my site in the next few weeks to avoid being 
fined. If there's anything you want on my site at http://www.fms-help.com, you 
may want to print it out now before it is taken down.

11. The attorney said that NO health condition can be mentioned along with a
nutritional supplement or advice of some kind. For example, when I say in my
tips site that magnesium helps the muscle stiffness of fibromyalgia, 
that is a NO NO! All words have to be in secret code almost. Here are some 
examples:

You can't say A.D.H.D. - You CAN say trouble concentrating
You can't say pain - You CAN say discomfort
You can't say insomnia - You CAN say difficulty sleeping
You can't say menopause - You CAN say change of life
You can't say fibromyalgia - Now I'm really stuck! Maybe I should 
say--severe discomfort in my body, count sheep all night, feel like an old 
lady, 
can't stand up for more than 15 minutes, think negative thoughts, have to lie 
down to rest frequently, can't stop my mind from thinking, have to go the 
bathroom a lot, etc.

12. See Stop Senator Durbin's Ban of Health Foods at
http://philadelphia.craigslist.org/pol/18242201.html
There are many more sites on the net about Senate Bill 722. Simply 
type in these words at http://www.google.com -- Sen. Durbin's ban on 
nutritional supplements bill--and you 

Re: CSfederal warnings, regarding health advice - internet sting ops to begin in January

2003-11-21 Thread Jason Eaton
Greetings, all:

While I am not certain on the issue of giving medical advice over the phone
or via email, I do know several things:

1.  The FTC and the FDA have no juristiction over websites that do not sell
products.

Second, if the United States Goverment is now willing to take away our 1st
Ammendment rights, this is something that any website owner claiming to
truly server the public in such a manner ( that provides information )
should be willing to go to jail over, if need be.

For hardcore hitters, one should incorporate as an individual in the state
of Nevada to receive as much personal protection from this type of activity
as possible.

I personally will not be paying any FTC fines, nor will I change the nature
of our websites under threat of Government action.

I have a hard time believing this attorney.  The FTC stands for the Federal
TRADE Comission.  The FTC has never been interested in projects that don't
sell products.

As I understand it, the FTC does not prosecute for practicing medicine
without a license.  The FDA does.  The FTC prosecutes for non-compliance
with Trade Laws, and in the case of health products, these laws are defined
by the FDA.

I've written an email to the owner of http://www.fms-help.com , asking for
further clarification.

Best Regards,

Jason R. Eaton





- Original Message -
From: Sara Mandal-Joy
To: silver-list@eskimo.com
Sent: Friday, November 21, 2003 9:04 AM
Subject: CSfederal warnings, regarding health advice - internet sting ops
to begin in January



===
- Original Message -
From: Dominie Bush
Sent: Thursday, November 20, 2003 2:08 AM
Subject: Death of the newsletter and my FMS/CFIDS website??

Dear Newsletter Readers,

1. I was contacted today by a leading attorney whose job it is to
warn those who give advice related to health conditions on the internet.
This
is now illegal, unless you are a medical doctor.
My website at http://www.fms-help.com
is not in compliance with FTC regulations.

2. Beginning Jan. 1, 2004, the FTC will begin a sting operation
where someone will email or call to ask for help with a health problem.
Should the
kind-hearted soul reply with some advice, they can be fined $250,000--yep,
that's
a quarter of a million dollars(!) if they are not a medical doctor. I asked
the attorney if the FTC would sue companies or individuals and was told that
the
FTC isn't putting up with it anymore and that individuals will be sued.

3. Because of this, I can no longer trust that people who write to
me are actually FMS/CFIDS sufferers. I will still be accepting email at
d...@fms-
help.com but may not reply.

4. The attorney was most sympathetic with the use of nutritional
supplements, because of a family member with serious health problems that
drugs
couldn't help.
The person suffered serious side effects and is now using ONLY nutritional
supplements and doing much better. The attorney even enthusiastically
endorsed a
popular nutritional supplement in the course of our conversation.

5. The attorney said that Sen. Richard Durbin of Illinois is trying
to get rid of dietary supplements and described him as the meanest man on
the
planet. My husband looked up Sen. Durbin's website and found an email
address to write to him: d...@durbin.senate.gov My husband also found a good
letter
on the net at http://joeclarke.net/vitamins.htm (It's called, Hey
Government, Don't Take Away My Vitamins.) There are many more letters out
there too, I've found.

6. Well, I have been in tears and grieving the loss of the website
and newsletter most of the day. I need to do something VERY QUICKLY about my
website, but I have no idea what! Please PRAY for me to know what to do!
Many of
you have been with me for years and we have had the most wonderful
relationship of support and caring. I will always treasure that!!!

7. What happened to my freedom of speech?Or is that only reserved for
pornographers now?! How can I get information out to people with FMS/CFIDS,
if I
can't say anything because I am not a doctor?!!?? I am stumped!

8. My monthly newsletter is really YOUR newsletter, because much of
the information comes from you and I pass it on via the newsletter to others
who
suffer with FMS/CFIDS. This is now against FTC regulations and they will be
enforced and I could be sued.

9. The information on my website at http://www.fms-help.com has
helped many people around the world and even prevented suicides. For the
past 7
years, I have had calls and emails from thousands of people who desperately
needed information and help in dealing with their fibromyalgia and chronic
fatigue
syndrome. Their doctors have failed them and no one really understands what
it's
like unless you have these conditions yourself. When you consider that Dr.
Kervorkian has helped 4 women with FMS/CFIDS to end their lives, you
realize the
desperation and hopelessness in the hearts of many with chronic invisible
illness.

10. My