HomeMedical Quackery

by Paul Lee, Physical Therapist

September, 2003
Freedom of choice is a wonderful thing. It is one of the most fundamental freedoms there is. It is also what democracy is all about.

Freedom can be defined as "the absence of necessity, coercion, or constraint in choice of action." But for freedom of choice to mean anything, there must exist the possibility of making a choice between alternatives. This implies variety and abundance.

Indeed, the fact that most money being spent on so-Called "Alternative Medicine" (sCAM) is spent by affluent people indicates that it is an expendable luxury. One doesn't see third world countries clamoring for more sCAM. No, when it really comes down to it and there is real need, they choose that which is indispensable: real medicine, antibiotics, vaccines , and real MDs, not sCAM practitioners. They already have enough witch doctors!

While I am very skeptical of sCAM, I do not personally advocate that all of its practices be made illegal, as long as there is truth in advertising. I believe in Freedom of Informed Choice, which cannot happen as long as false claims and uncontrolled marketing are allowed to flourish. The FDA has a huge responsibility here. It should function as a consumer protection agency. Another area where more control is needed, is the practice of medicine without a license. It should be even more strongly prosecuted than it is at present.

As a strong believer in freedom, including the freedom to make stupid and unwise decisions, I do not personally advocate the criminalization of those forms of sCAM that are not directly dangerous. But I am also a consumer protection advocate, and support laws that protect consumers from unscrupulous and ignorant practitioners.

What's most important here is not their motives, but rather the false claims they make. Whether the claims are just false, or are also criminal fraud is often irrelevant in the end. The tragic consequences for the consumer may be the same. While consumers may have the right to make stupid decisions, sCAM practitioners do not have the right to deceive and endanger others. Needless to say, it is not for them to make the rules that regulate what is true or false in these matters. Such decisions must be based on sound scientific evidence.

The so-called "Health Freedom" movement is nothing more than a front for the protection of the promoters and producers of unsubstantiated and dangerous ideas, methods and products. Apparently, for them, "consumer rights" means that consumers should not be forewarned, but should have unhindered and unprotected access to the quacks and their nostrums. Real consumer protection from deception, financial ruin, injury and death seems not to concern the promoters of "Health Freedom".

Just as so-called "Alternative Medicine" and "Complementary & Alternative Medicine" (CAM) are deceptive marketing terms, just so is the cry of "Health Freedom" deceptively used as a cover to make sure that the quacks & conmen have unhindered access to the unsuspecting public. "Health Freedom" really means "Quack Freedom". For them, real consumer protection is less important than quack protection. Many of the promoters of "Health Freedom" are not only Quack Boosters, but are often paid Quack Protectors, working as PR men and spin doctors for the huge sCAM industry, as well as the quacks who recommend, sell, and use its products. It's most certainly not an honorable profession!

Decisions can't really be considered "free" when greed, deception, entrapment, coercion, or ignorance are involved. Freedom isn't just the possibility of choosing between two options. It is also the possibility of understanding the consequences of making the choice. If only one side has been heard, or if one of the parties is deceptive, then the choice is necessarily limited, manipulated, or both.

It's just like democracy. There are many lands with dictators, where democracy and personal freedom are practically unknown. If the citizens in such lands were suddenly freed from their oppressors, they wouldn't know what to do with democracy. It would be worthless to them. The ability to use democracy involves a mindset that is learned, and that takes time.

We can see what the sudden acquisition of freedom has resulted in Russia. It has been exploited by corrupt politicians and criminals. The consequence has been that the ordinary man in the street has been exploited. He's "free", but his choices are limited. The corrupt are the ones that benefit most from this freedom, and they abuse it to the fullest. Capitalism only works well, where long-established checks and balances are in place, such as in the western world, where democracy has a long tradition.

True freedom in a democracy is necessarily limited. It cannot be total. "Your freedom stops where my nose begins." Freedom is a right and a privilege. It involves the obligation to preserve for others, just as much freedom as you yourself would wish to have. The Golden Rule is just as valid now as it was when Jesus expressed it: "Do unto others as you would have them do unto you."

While tolerance is a good thing, it too can be taken too far and abused. Uncontrolled and unlimited tolerance has within it the seeds of its own destruction. Karl Popper understood this and wisely wrote:

" "If we extend unlimited tolerance even to those who are intolerant, if we are not prepared to defend a tolerant society against the onslaught of the intolerant, then the tolerant will be destroyed and the tolerance with them." - K.R. Popper: The open society and its Enemies, Volume I, p. 265."
In a consumer rights situation, the rights of the consumer must be weighted higher than the rights of the seller. The consumer has a right to know what they are buying, and the seller does not have the right to deceive. One must not be tolerant of untruth. "Truth in advertising" isn't just a slogan. It is an expression that reveals a fundamental understanding of freedom and democracy. The product being sold must be labeled correctly, otherwise the free choice exercised by the buyer turns out to be an illusion.

Consumers have a right to freedom of choice, but they also deserve protection. This is best done, not by limiting consumers' rights, but by limiting the possible ways that quacks can mislead them. sCAM practitioners should be required to adhere to strict laws regarding truth in advertising and acceptable marketing practices.

Consumer protection isn't just quackbusting, but includes providing consumers with good information. A consumer advocate’s duties are two-fold: he has a double-edged sword in one hand and a shield in the other:

Since one of the first principles in scientific and legal matters is that “the burden of proof is on the claimant”, the sword is pointed at the claimant with two messages: “Prove your claim (scientifically), or feel my sword (criticism, exposure and possible litigation).”

The shield is made available to the consumer, who is the object of the claim, with the offer: “Here is accurate information to help you make an intelligent decision based on hearing both sides of the story. If you need help, I will try to defend you. Knowledge is your shield.”

When consumers are thus protected, they are truly free to make informed choices. Then, and only then, if they wish to make stupid decisions, let them do so, and let them foot the bill themselves. The QuackFiles

A Consumer Advocate's Dilemma: Should CAM be Researched?>

Complementary & Alternative Medicine COSTs!!
(British Medical Journal, Jan. 21, 2001)

"Alternative" Physical Therapy?
Article in the Journal of the Danish Physiotherapy Association

Weil's Non Science-Based "Medicine"
(British Medical Journal, Feb. 1, 2001)