A few years ago, I was your typical office-worker: stressed out, uneven energy, overweight, and inconsistent complexion. Now I'm just your typical 28-year old urban hunter-gatherer on a quest to be healthy, and having a few adventures along the way. See my full bio.
"He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people and eat out their substance."
- The Declaration of Independence
This I have to blog about.
CHARLOTTE — The North Carolina Board of Dietetics/Nutrition is threatening to send a blogger to jail for recounting publicly his battle against diabetes and encouraging others to follow his lifestyle.
Chapter 90, Article 25 of the North Carolina General Statutes makes it a misdemeanor to “practice dietetics or nutrition” without a license. According to the law, “practicing” nutrition includes “assessing the nutritional needs of individuals and groups” and “providing nutrition counseling.”
Steve Cooksey has learned that the definition, at least in the eyes of the state board, is expansive.
When he was hospitalized with diabetes in February 2009, he decided to avoid the fate of his grandmother, who eventually died of the disease. He embraced the low-carb, high-protein Paleo diet, also known as the “caveman” or “hunter-gatherer” diet. The diet, he said, made him drug- and insulin-free within 30 days. By May of that year, he had lost 45 pounds and decided to start a blog about his success."
But this past January the state diatetics and nutrition board decided Cooksey’s blog — Diabetes-Warrior.net — violated state law. The nutritional advice Cooksey provides on the site amounts to “practicing nutrition,” the board’s director says, and in North Carolina that’s something you need a license to do.
Unless Cooksey completely rewrites his 3-year-old blog, he could be sued by the licensing board. If he loses the lawsuit and refuses to take down the blog, he could face up to 120 days in jail.
The board’s director says Cooksey has a First Amendment right to blog about his diet, but he can’t encourage others to adopt it unless the state has certified him as a dietitian or nutritionist.
The rest of the article here. Here is Steve's site.
This government overreach isn't some theoretical concept. It is happening NOW. It is happening to people I know, to people engaged in THE SAME THING that I'm doing.
I am so furious that I better not blog about what's actually going through my head.
Comments
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Derek Hough and Maria Menounos lock lips on 'Dancing every one of the Stars'Derek Hough and Maria Menounos lock lips on 'Dancing each of the Stars'Monday night was Most surely extraordinary Year night on "dwts, As the celebs recalled good deal times in their lives and then set their moves to some related music. But one star and her pro partner decided it was a night to make a high-quality memorable moment -- at least for the listeners.Maria Menounos' year of preference was 1988, And also song was "Wood Girl" It reminded her of changes she wiled away the hours watching Madonna's video while her parents worked. 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You seem very informed.What
You seem very informed.What do you think about this diet???http://diet-solution-program21.blogspot.com I have had very bad experiences dieting. This actually explains why most diets don't work...
Are you kidding me? That is
Are you kidding me? That is insane, he's not trying to practice dietetics without a license, he's just documenting his own personal experience. What a joke.
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John, This is ridiculous.
John, This is ridiculous. Like you I am a food/diet/and health blogger. This makes me fear what I do. My story is similar to yours and I had severe health problems for over 10 years. 3 years ago I took my life into my own hands, said the hell with meds, and medical professionals. Within 12 weeks of following a similar diet to what you follow I was completely healed, off all meds helathy and living a good life. I now have my own food blog in which I do similar work to your line of work on Hunter -Gather. Your sotry was in our local Wyoming paper yesterday and I have shared your story on my facebook and blog.You can read the full post here:www.gf-blog.com , the article named "should food bloggers be prosecuted"
You can find most of what you
You can find most of what you need to know online, but a book makes a handy reference. The Paleo Diet, for example, outlines basic Paleo principles and offers three levels that allow for different degrees of cheating three open meals per week on the entry level plan, two on maintenance and just one on maximal. Depending on the level, you might also get transitional condiments and drinks to wash down the meat and plants. Thanks.
The whole thing is pretty
The whole thing is pretty lame. It will be interesting to see how it turns out.Curious what the state is doing about other bloggers and websites that are located in NC, or other states that require a license or certification to practice nutrition, including yoga studios, gyms, Crossfit boxes, etc.
The whole thing is pretty
The whole thing is pretty lame. It will be interesting to see how it turns out.Curious what the state is doing about other bloggers and websites that are located in NC, or other states that require a license or certification to practice nutrition, including yoga studios, gyms, Crossfit boxes, etc.
Wow. Guess I'd better warn
Wow. Guess I'd better warn all of my freelance writing friends that they're not allowed to do health and nutrition articles for their clients any more! Right?
Mr. Durant, if anywhere on
Mr. Durant, if anywhere on your blog you were trying to sell a diet plan, well then, okay State regulators, do your job. But a quick perusal of your blog shows no sales other than the usual ads to support the site. It looks to me like big pharm and big health are using the State to harrass what they see as serious criticism of their diet plns for sale.So is Susan Somers allowed to peddle her diet plans in your State? Aren't they threatened by her suggestion that we can cure cancer by pouring coffee up our butts? Not making that up, BTW. Or is she too important to regulate?The problem the corporations have with your recommendations is that they sound very sensible and may very well be, as you claim, a much better way to handle diabetes than buying their items for sale.Free speech competes with corporate control. Expect to see a lot more of the same in future.
Sorry, I meant Mr. Cooksay's
Sorry, I meant Mr. Cooksay's site.
It never ceases to amaze me
It never ceases to amaze me that some beauracrats seem to have so little to do when there are some many issues in the health field that need addressing now. Why, oh why would they choose this one to make a stand on, especially if you have the data to back up your own personal claims?It frustrates me and yes, it scares me too. Good luck in however you choose to handle it. I think I would write a leeter to the editor of my local paper or try to get an interview with a local talk show, using the ideas I mentioned above...Good luck and if i can be of help, let me know.
Being a technology
Being a technology professional and science geek for my entire life (thanks dad!), I long ago surmised that considering the very long time intervals required in evolution, our healthiest diet would probably be one that emulated what we ate in the bush. Now, many years later, I'm beginning to see others create apparently successful dietary plans based upon that theory. I am not surprised.
This is the pharma-lobby. The
This is the pharma-lobby. The one who helps himself does not buy medication.
Oh this doesn't have a thing
Oh this doesn't have a thing to do with big business. No CEO from a pharma company called up this bureaucracy and told them to harass this guy. This is all about the progressive compulsion to control. The idea that if you give a well-educated deskman a big enough control board with enough knobs, sliders and switches he can raise Paradise on Earth.
Stop defending "people" who
Stop defending "people" who don't deserve it. Go look up the certifying body for registered dietitians in the United States (I can't remember their damn name anymore, they recently changed it--Academy of Nutrition and Dietetics I think?) and then look up their page where they list all their sponsors. If you think this isn't about corporate control then you think one day a corporation will make you a millionaire if you just shut up about their abuses and defend them for long enough. Wake up because it's not likely to happen and even if it did, if there's a shred of conscience in that body of yours, you will wind up hating yourself for selling out to them. If the only people giving the government lobbying money were ordinary voters, the government would be listening to US and nobody else. Sad fact.
I don't need to add to my
I don't need to add to my original comment, as you managed to evade any scrutiny of it. The point stands. If you think somebody at Big Pharma actually took the time to sic the gov't on this guy your tinfoil cap is on too tight.
Big Ag and Big Pharma ARE
Big Ag and Big Pharma ARE gunning for the little guy and have been for several years. What do you think Livestock Id and the Food Safety Modernization Act was all about? It certainly wasn't about healthy food for Americans! I plotted the food borne disease cases per year before and after the USDA/FDA got rid of government inspection and testing and handed food safety over to the big corporations . It is called HACCP and was introduced in 1996. The cases DOUBLED! You can see a short history of what the UN/WTO/USA bureaucrats have been up to in this comment: http://chiefio.wordpress.com/2013/03/28/lenr-tests-claiming-positive/#comment-50544(The rest of the comments in the last part of that thread are interesting too if you want a discussion on world economics and politics) More gunning for the little guy here: http://foodfreedomgroup.com/2012/04/23/obama-seizes-farmers-money/ And STEALING from him here: http://www.salon.com/2009/04/30/ownership/ I have used the internet to figure out what I should and should not eat. Read the scientific studies and now eat a modified Paleo diet. Meat, eggs, veggies no carbs no fruit and I am much healthier at 60+ than I was at 40!
Unbelievable, because I tried
Unbelievable, because I tried the Paleo Diet myself to a certain extent and it works...
I'll admit that I didn't read
I'll admit that I didn't read the whole article. But I just wanted to state that it's my belief, that if an individual wants to follow the advice of a person who is unlicensed in a given field, that's each individual's own business. Licensing is often viewed as a way to protect the public at large, but I think more and more it's begun to shift towards protectionism of those of are already licensed. Understandable, given the high costs of obtaining a license to practice most things, but that doesn't make it right.
So all he has to do is put a
So all he has to do is put a disclaimer on his blog saying "I'm not a dietian this is what I did , this is what happened but whatever you do don't listen to me, because I don't have a license." I would argure that he is not selling his advise , he's not forcing people to read his blog.so a license is rediculous. If he had an office and was charging people for his service I would agree that he should be licensed. Do you need a license to offer your guest a beer ? NO. because your not selling it to them.
There is a disclaimer, look
There is a disclaimer, look at the BOTTOM of his page.
Everybody needs to read the
Everybody needs to read the article in full. Steve was cited for giving individualized dietary advice and also offering fee-based counseling services. It's clear that he was targeted for challenging the authority of a dunder-headed government employee, but he was also clearly in violation of basic tenets of law that protect consumers from quack doctors and other amateur would-be health care providers. This is not a Paleo-free-speech issue as far as I can tell.
In that case a whole lot of
In that case a whole lot of grandmothers should have gone to jail over the years for advising their granddaughters to get off the starch or else it'd make them fat. I'm fine with certifying who's allowed to *call themselves a dietitian* but putting someone in jail for talking? No. Blatant First Amendment violation.
So should trainers not offer
So should trainers not offer diatary advice in conjunction with training regiments? If it's about the payment then why does he have to remove the blog? Should restaurants obtain medical licenses since they assemble meal options? I suppose the waiters should too if they suggest a meal choice.. Obviously I'm snowballing here, but only in logical incriments. This is about the standards of Western Medicine being applied to lifestyle choices and diet.
Most trainers and/or health
Most trainers and/or health clubs have disclaimers saying you shouldn't start an exercise program without consulting with your doctor first. Same thing. Restaurants aren't giving medical advice. If your waiter suggested to you that, because of your condition X, meal A will result in outcome 1, he would probably be cited if found.
^ Nailed it. ^
^ Nailed it. ^
REPEAL THE DANG LAWS
REPEAL THE DANG LAWS AND IGNORE THEM IN THE MEANTIME!
Would someone explain the
Would someone explain the legal difference between charging to talk to someone and give your advice and charging someone to buy your book?
Personalized services
Personalized services implicitly imply that the advice giver has done a competent assessment of the relevant issues surrounding an individual's health status. To take another Paleo issue--hunter gatherers eat a higher ratio of potassium-sodium that SAD eaters. Potassium supplementation has positive health benefits, but it can also give you a heart attack if you have kidney disease. A paleo blogger who latched onto the evidence about potassium and vascular health without understanding renal physiology and without access to renal diagnostics could kill someone by not taking account of the "patient"s whole health history. Medical training is supposed to reduce this risk. It's a consumer protection issue. You may not like it in this instance, but as a general legal principle, it's beneficial to individuals. Medical monopoly may breed lowest common denominator thinking, but on average, I'm sure it's better than snake-oil salesmen.
Until that same doctor tells
Until that same doctor tells you not to eat Paleo because it's a fad diet and then you have the heart attack anyway. Or kill your kidneys because no one told the idiot that high blood pressure is normally caused by hyperinsulinemia, not by salt consumption, so he never told you to cut the carbs to bring your insulin back down.Anyway, when was the last time a doctor gave you comprehensive dietary advice? They don't. They refer you to a dietitian. Who proceeds to screw you ALL up, nine times out of ten.What's the point of certification if they will only abuse it? You can't even get them arrested most of the time for giving you bad advice if they can say they gave it in "good faith," whatever that means. All you can do is sue them, and too many of the same people who scream about free speech also want to cut way back on medical lawsuits. Screw that.
Exactly.
Exactly.
CALL IN THE PALEO LAWYERS! I
CALL IN THE PALEO LAWYERS! I am guessing with the staggering number of folks who have had their lives transformed by paleo, there must be at least a few hundred awesome, healthy, paleo-strong lawyers lining up to help this guy out by now... I look forward to hearing how this inevitable fight goes. It will be interesting to see if this backfires on those who push "heart healthy whole grains".
Your bias is revealed in your
Your bias is revealed in your use of the word "push."
If you are incapable of
If you are incapable of being biased in the face of reality, there is something wrong with you. You better bet they're pushing grains. And you see the results of that all around you every single day. I have to live with the results myself. Grains wrecked my health. I may never be able to completely recover; age is not on my side now, if nothing else.
We are saddened, but not
We are saddened, but not shocked, by this attack on your personal freedom to share your health learnings with others.The ADA are a massively conflicted organisation. Fueled, supported and promoted by the giant food manufacturers.John, if we can help in any way to support you in this unjust attack, please do let us know. If you can drop me an email, I'll make sure to get you a copy of The Obesity Epidemic. Chapter 15, Conflicts of Interests, is a jaw-dropping eye-opener on how the ADA, and other organisations, operate. Andy & Zoe Harcombe
You are right. Anyone and
You are right. Anyone and everyone should be able to hold themselves out as medical or health experts. I have a right to tell parents of cancer-ridden children that are desperate to heal their child that they just need to feed their kids shark fin soup and forgo chemo, right?
If you agree that there is a limit to who can dispense medical/health advice, then we are just talking about where the line should be. Stop being so dramatic and istead propose a set of laws that we can review and comment upon. Until then you are all just tossing your toys out of your crib.
Sounds like the State is the
Sounds like the State is the "toy" you believe in. . . How childish of you! A free people could have voluntary associations of professionals of all kinds that would be free to develop reputations for sanctioning effective practice of all kinds. Still, no matter what, the individual must use his own judgement, but with the freedom to sue if fee for service proved damaging, etc.In the current system, special interests inevitably seize control of the reglating system to legalize their own, high profit "solutions" while effectively driving alternatives out of the marketplace.. .
I always thought that if a
I always thought that if a person wasn't accepting money from "patients," they can't be said to be "practicing" a profession.
That's the problem - he was
That's the problem - he was charging a fee.
Ah. Well then...
Ah. Well then...
It's the ultimate in nanny
It's the ultimate in nanny state philosophy. We are all too stupid to figure out what's best for ourselves, so the government has to step in and do it for us. Absolute arrogance! I've now had to caution my writers not to dispense anything that can be construed as advice. But what are we here for, if not to help and inform people about a better alternative? Grrrrrr.....
This is effing ridiculous.
This is effing ridiculous. Anyone want to get a protest together? I'm in Alabama and in the middle of finals... but I'd sure show!
This is just plain sick, and
This is just plain sick, and ridiculous. What's next, will they throw everyone else who writes "[insert concept of choice here] worked for me, try this!" in jail as well? But I guess bureaucrats have never really cared much for the notion of "personal responsibility". Sending strength to Steve Cooksey, I hope he'll work it out.
So it's ok for Michelle Obama
So it's ok for Michelle Obama & Oprah & the Hollywood bobble-heads to give nutrition advice. It's ok for parent volunteers to take food away from students in the cafeteria if they think it's not nutritious. It's ok for the new black panthers to encourage readers to actually lynch somebody and post an online bounty. But it's NOT ok for a guy who doesn't claim to be a doctor or a nutritionist to tell his own story? Orwell was right to draw big brother as a cartoon.