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Consumer Health Digest #13-23
June 20, 2013

Consumer Health Digest is a free weekly e-mail newsletter edited by Stephen Barrett, M.D., with help from William M. London, Ed.D. 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.

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Glucosamine class-action suit settled

The Chicago federal court has given preliminary approval to a class-action settlement involving glucosamine/chondroitin sulfate products marketed by Rexall Sundown, Inc. and NBTY, Inc. and sold at Costco under the Kirkland label.

The settlement resolves six lawsuits that alleged that various statements made for these produce were false, misleading, and/or deceptive. Although the companies deny wrongdoing, they have agreed to pay up to $2 million to settle consumer claims. The prohibited statements include:

* Builds, renews, or repairs cartilage
* Helps build, renew, repair, protect, or lubricate cartilage
* Works by providing the nourishment your body needs to build, lubricate, and strengthen joints
* Helps protect cartilage against annoying flare-ups while helping to renew the cellular components within joints
* Just one Osteo Bi-Flex ONE PER DAY caplet is all you need to help protect cartilage, revitalize connective tissue, and help ease occasional joint stress.
* The Glucosamine Settlement Web Site has information for consumers who are eligible for reimbursement.

Two other class-action suits are pending. One, filed in 2012 in New York, alleges that 21st Century Healthcare, Inc. falsely advertised that its "Glucosamine 750 Chondroitin 600 Triple Strength" products will restore lost cartilage. The other suit, filed this year in California Federal Court, accuses Nutramax Laboratories, Walmart, and Rite Aid of falsely advertising the effectiveness of glucosamine. Quackwatch discusses the scientific status of glucosamine and chondroitin.

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Chiropractic "endocrinologists" under fire

The Colorado medical board has ordered Brandon Credeur, D.C. and his wife Heather Credeur, D.C., who operate the Functional Endocrinology Center of Colorado, to stop various actions that the board considers to be unlicensed medical practice. The center's Web site offers "customized care" to "break free from the standard approach of drugs and hormones as a first line defense against type II diabetes and hypothyroidism." In 2011, Denver's ABC News, aired critical broadcasts about the Credeurs that triggered more than 200 calls and complaints. The station's CALL7 news team reported that more than a dozen patients were suing them. The Colorado State Board of Chiropractic Examiners charged Brandon with (a) false, misleading, and unethical advertising, (b) abandoning a patient, (c) ordering and performing unnecessary tests, and (d) practicing outside the scope of his license in connection with his dealings with five patients. However, the charges were settled with aconsent order under which Brandon admitted nothing and merely agreed to keep better records. [Marchetta T. Patients thought Denver chiropractor would lose license, want answers from DORA, Attorney General: Brandon Credeur's former patients shocked. ABC7 News, Aug 24, 2012] Heather signed a similar consent agreement. Both agreements specified that the Credeurs could continue to refer to their practice as "functional endocrinology" as long as they clearly identified themselves as chiropractors. The medical board wants the Credeurs to (a) stop suggesting that they have effective treatment and can assume sole responsibility for advising patients about endocrine disorders, (b) stop suggesting that their chiropractic treatments can permanently eliminate low thyroid symptoms and reduce and eliminate the risk factors of diabetes, and (c) clearly identify themselves as chiropractors so that patients do not assume they are medical doctors. The Credeurs have ten days in which to notify the medical board if they want a hearing.

In 2012, the Utah Division of Occupational and Professional Licensing suspended the chiropractic license of Brandon Babcock D.C., who operated the Functional Endocrinology Institute of Utah. The emergency order states that Babcock advertised that he could reverse the effects of type II diabetes so that patients would no longer need to take medication. He also offered free meals and free seminars during which he would market his program. The order describes six cases in which Babcock acted unprofessionally and indicates that the Division had received more than 50 complaints about inappropriate billing for this program. Babcock has also been charged in criminal court with ten counts of exploitation of a vulnerable adult and one count of communications fraud. His trial is scheduled begin on August 12th.

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Continuing request for help from Dr. Barrett

In June 2010, Doctor's Data, Inc. sued Dr. Barrett because it didn't like what what he wrote about them on Quackwatch and in this newsletter. The events leading up to the suit are described at
http://www.quackwatch.org/14Legal/dd_suit.html
In November, 2011, about half of the allegations were dismissed, but discovery was permitted for more than a year. The rest of the suit will be ripe for dismissal by the end of this year, but the proceedings have been time-consuming and very expensive. Contributions to the defense fund can be made by mail or through
http://www.quackwatch.org/00AboutQuackwatch/donations.html

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Stephen Barrett, M.D.
Consumer Advocate
Chatham Crossing, Suite 107/208
11312 U.S. 15 501 North
Chapel Hill, NC 27517

Telephone: (919) 533-6009

http://www.quackwatch.org (health fraud and quackery)
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http://www.autism-watch.org (guide to autism)
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http://www.casewatch.org (legal archive)
http://www.chelationwatch.org (chelation therapy)
http://www.chirobase.org (guide to chiropractic)
http://www.credentialwatch.org (under construction)
http://www.dentalwatch.org (guide to dental care)
http://www.devicewatch.org (under construction)
http://www.dietscam.org (under construction)
http://www.homeowatch.org (guide to homeopathy)
http://www.ihealthpilot.org (guide to reliable information)
http://www.insurancereformwatch.org (under construction)
http://www.infomercialwatch.org (guide to infomercials)
http://www.mentalhealthwatch.org (under construction)
http://www.mlmwatch.org (multi-level marketing)
http://www.naturowatch.org (naturopathy)
http://www.nccamwatch.org (under construction)
http://www.nutriwatch.org (nutrition facts and fallacies)
http://www.pharmwatch.org (under construction)
http://www.ncahf.org (National Council Against Health Fraud)
http://www.chsourcebook.com (consumer health sourcebook)
 
Editor, Consumer Health Digest
http://www.quackwatch.org/00AboutQuackwatch/chd.html

Donations to help support Quackwatch can be made through PayPal or by mail.
See:  http://www.quackwatch.org/00AboutQuackwatch/donations.html
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[Julian]

Marke: 2000