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Consumer Health Digest #23-44
October 29, 2023

Consumer Health Digest is a free weekly e-mail newsletter edited by William M. London, Ed.D., M.P.H
http://www.calstatela.edu/faculty/william-m-london
., with help from Stephen Barrett, M.D
http://www.quackwatch.org/10Bio/bio.html
. It summarizes scientific reports; legislative developments; enforcement actions; news reports; Web site evaluations; recommended and nonrecommended books; and other information relevant to consumer protection and consumer decision-making. Its primary focus is on health, but occasionally it includes non-health scams and practical tips. To subscribe, click here
http://lists.quackwatch.org/mailman/listinfo/chd_lists.quackwatch.org

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Author revises summary of scientific evidence about complementary and alternative medicine

Thomas J. Wheeler, PhD, a retired associate professor from the Department of Biochemistry and Molecular Biology at the University of Louisville School of Medicine, has published a 60-page revision of his Overview of Complementary and Alternative Medicine
https://sites.google.com/site/kycahf/cam-overview
on the website of the Kentucky Council Against Health Fraud. The material was originally developed as the first in a series of handouts for an elective course that offered medical students a scientific look at alternative medicine. The topics addressed include:

general aspects
the National Center for Complementary and Integrative Health and its predecessors
common themes in alternative medicine
adverse effects
integrative medicine
functional medicine
regulatory agencies involved in health claims
organizations and websites promoting critical examination of alternative claims
legal and ethical issues
fraud and quackery
antivaccination efforts
antifluoridation efforts
critical thinking in evaluation of medical claims: philosophical issues
nature of science
scientific activities and methods
skepticism and open-mindedness
reviews of complementary and alternative medicine for different conditions
glossary of complementary and alternative medical claims and practices

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Experts strongly discourage use of the Rorschach Inkblot Test.

Skeptical Inquirer has republished a chapter from the new book, Investigating Clinical Psychology: Pseudoscience, Fringe Science, and Controversies
https://www.routledge.com/Investigating-Clinical-Psychology-Pseudoscience-Fringe-Science-and-Controversies/Stea-Hupp/p/book/9781032195049
(edited by Stea JN and Hupp S, published by Routledge). The chapter evaluates common uses of the Rorschach Inkblot Test in psychological assessment and diagnosis.
[Wood J, and others. The Rorschach Inkblot Test: We see an unsinkable rubber ducky
https://skepticalinquirer.org/2023/10/the-rorschach-inkblot-test-we-see-an-unsinkable-rubber-ducky/
. Skeptical Inquirer, 47(6):39-45, 2023]

The authors conclude:

Rorschach scores are related to perceptual distortions, disorganized thinking, and intelligence. However, there are much more valid, comprehensive, and efficient ways to assess these traits. Further, the Rorschach test’s relationship to other diagnoses and personality characteristics is highly controversial and has been controversial for more than fifty years. Contrary to myths promoted by its proponents, the Rorschach test does not provide a rich picture of patients’ personalities or reveal hidden secrets about their emotions or thoughts. Worst of all, the Rorschach test has a well-documented bias that causes it to misidentify psychologically healthy people as being psychologically disturbed. Use of the test in educational, employment, or legal settings is strongly discouraged.

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Hearing blasts marketing of Medicare Advantage plans

Medicare Advantage
https://www.medicare.gov/Pubs/pdf/12026-Understanding-Medicare-Advantage-Plans.pdf
(MA, also known as “Part C”) is a type of Medicare health plan offered by private companies that contract with Medicare. MA plans may include some benefits that basic Medicare doesn’t cover. During a recent U.S. Senate Finance Committee hearing
https://www.finance.senate.gov/hearings/medicare-advantage-annual-enrollment-cracking-down-on-deceptive-practices-and-improving-senior-experiences
, a dozen senators and three witnesses blasted the “unscrupulous,” “deceptive,” and “rip-off” tactics and high commissions associated with plans for seniors that also fail to meet their healthcare needs. Committee chairman Sen. Ron Wyden (D-OR) cited federal investigators’ findings that “marketing middlemen are the latest set of sleazy private-sector scoundrels targeting seniors on Medicare Advantage.” Problems identified at the hearing include:

large firms and third-party marketing organizations leveraging their influence for financial gain rather than for what’s in the best interest of the consumer
in-network provider directories that are either outright “fraudulent” or the providers exist, but are unavailable
MA plans denying hospital admission, delaying care, and refusing to pay after they’ve approved service
MA plans falsely claiming they cover the drugs patients need
[Clark C. Shady Medicare Advantage plan tactics blasted at Senate hearing
https://www.medpagetoday.com/washington-watch/washington-watch/106910
. MedPage Today, Oct 19, 2023]

Last year, the majority staff of the Committee released a report
https://www.finance.senate.gov/imo/media/doc/Deceptive%20Marketing%20Practices%20Flourish%20in%20Medicare%20Advantage.pdf
on marketing complaints from 14 states plus an appendix
https://www.finance.senate.gov/download/ma-marketing-report-appendix-a
with additional examples of deceptive marketing materials.

[Wyden reports deceptive marketing practices in Medicare Advantage that harm seniors
https://www.finance.senate.gov/chairmans-news/wyden-reports-deceptive-marketing-practices-in-medicare-advantage-that-harm-seniors
. U.S. Senate Committee on Finance news release, Nov 3, 2022] The report advises potential MA plan enrollees to: (a) use caution if calling a helpline advertised on television, (b) call 1-800-MEDICARE for help if you think you have been enrolled in a new plan that doesn’t work for you, and (c) be careful what you click. The report also urged the Centers for Medicare and Medicaid Services and Congress to:

reinstate MA plan requirements loosened during the Trump administration
monitor MA disenrollment patterns and use enforcement authority to hold bad actors accountable
require agents and brokers to adhere to best practices
implement robust rules around MA marketing materials
close regulatory loopholes that allow cold-calling
support unbiased sources of information for beneficiaries, including State Health Insurance Assistance Programs and the Senior Medicare Patrol

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‘Invisible Mask’ marketers banned from making COVID-19 treatment and prevention claims

The Federal Trade Commission (FTC) has sued to stop four defendants from deceptively marketing their 1 Virus Buster Invisible Mask. It purportedly creates a three-foot barrier of protection against 99.9% of all viruses and bacteria, including COVID-19, but there is no scientific proof the product actually works.
[FTC takes action against makers of an ‘invisible mask’ they falsely claimed protected users from COVID-19
https://www.ftc.gov/news-events/news/press-releases/2023/10/ftc-takes-action-against-makers-invisible-mask-they-falsely-claimed-protected-users-covid-19
. FTC press release, Oct 24, 2023]
Three of the defendants—Gary Kong, K W Technology Inc. and K W Technology NV Inc.—have agreed to a proposed order
https://www.ftc.gov/system/files/ftc_gov/pdf/invisible_mask_proposed_stipul_order.pdf
requiring payment of $150,000. The proposed order bans them from:

making unapproved health claims for products designed to prevent or treat COVID-19
making any health-related product claims unless they have scientific evidence the claim is true
making misrepresentations about products’ health benefits, performance, efficacy, safety, or side effects
misrepresenting that they have government approval, clearance, or authority for their products and product claims
A fourth defendant, Timothy Wetzel, operated the two companies with Kong. The proposed order settles the FTC’s complaint
https://www.ftc.gov/system/files/ftc_gov/pdf/invisible_mask_complaint.pdf
that alleged:

despite receiving a warning letter the FTC sent in July 2020
https://www.ftc.gov/system/files/warning-letters/covid-19-letter_to_the1virusbuster_kw_technology.pdf
, the New York-based defendants continued falsely advertising the Invisible Mask as a scientifically proven defense against COVID-19 and other diseases and that it was a government-approved device
the defendants violated the Federal Trade Commission Act and the COVID-19 Consumer Protection Act through their marketing and sale of the Invisible Mask on their own website, YouTube, and Facebook
the badge, which was worn around the neck or clipped onto clothing, was sold using deceptive claims such as: “uses quantum theory technology, combines known virus and bacteria killing compounds. It is safe, simple, and effective. All you need to do is hang it around your neck or attach it to your collar, close to your mouth and nose. . . it kills 99.9% of most harmful bacterial and viruses. . . within a three-foot radius.”
the defendants falsely claimed the Invisible Mask or its materials are government-approved or made in a government-approved facility
they falsely claimed the Invisible Mask had FDA approval and the materials used to make it were EPA-approved
On their website, they posted a phony “Certificate of Registration” with the FDA’s logo, despite the fact that no such agency certificate exists.
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Stephen Barrett, M.D.
Consumer Advocate
7 Birchtree Circle
Chapel Hill, NC 27517

Telephone: (919) 533-6009

http://www.quackwatch.org (health fraud and quackery)
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