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.”