FTC Vindicates Hulda Clark…. 

Research Scientist Hulda Clark, quietly this last weekend, attended the American College for Advancement of Medicine (ACAM) meeting in San Diego, California.  I was there also.  It was a superb meeting.

Opinion by Consumer Advocate Tim Bolen 

If there was a quiet smile on Hulda Clark’s face, and there was, it was for two reasons:  (1) because her attorney, Carlos Negrete, had just informed her that the Federal Trade Commission (FTC) Commissioners had signed a settlement agreement over an internet website issue involving Clark’s name.

The settlement agreement is a landmark, and sets guidelines for ALL internet sales of health products, and the method in which claims can be made.  For now.

The second reason (2) Clark was smiling was because of the public’s reaction to her new book “The Prevention of All Cancers…”This book is a detailed analysis of cancer, its causes, the immune system, and the means ANYONE can use, on themselves, or others, to prevent cancer from taking life.   What is really important about this book is that Clark identifies what is wrong with our water supply, ands why our water supply is damaging our immune systems.

The “quackbuster”  conspiracy, over the last several years, has been trying to use the FTC to damage competitors to Big Pharma.  Sometimes they’ve been successful.  Hulda Clark, her theories, her books, and her inventions, have been primary targets.   But with Clark, the “quackbusters” have dismally failed.  It could be said, with evidence, that no matter what the “quackbusters” do, or try, Clark just becomes more popular, and finds more new things to benefit humanity.

The bottom line, here, is that the most recent “quackbuster”  against Hulda Clark has once again failed.  In a minute I’ll tell you why it failed.  But first let me tell you what actually happened.

On January 27th, 2003 the FTC filed an action against Dr. Clark Research Association (DCRA), a California corporation that uses a San Diego, California, address; Dr. Clark Behandlungzentrum GMbH, a company based in Munchenbuchsee, Switzerland, and doing business as Dr. Clark Zentrum (DCZ), and their owner, David P. Amrein.”

Further, “The FTC alleges that the defendants made numerous unsubstantiated claims about the Zapper, the Syncrometer, the 21 Day Program for Advanced Cancers, and the Herbal Parasite Cleanse, including through the use of testimonials.”

At the bottom line, the FTC originally wanted:

“WHEREFORE, plaintiff Federal Trade Commission, pursuant to Section 13(b) of the FTC Act, 15 U.S.C. § 53(b), and the Court’s own equitable powers, requests that this Court:

  1. Award plaintiff such temporary preliminary injunctive and ancillary relief as may be necessary to avert the likelihood of consumer injury during the pendency of this action, and to preserve the possibility of effective final relief;
  2. Permanently enjoin defendants from violating the Federal Trade Commission Act as herein alleged;
  3. Award such relief as the Court finds necessary to redress injury to consumers resulting from defendants’ violations of the FTC Act, including the refund of monies paid and the disgorgement of ill-gotten monies; and
  4. Award plaintiff the costs of bringing this action, as well as such other and additional relief as the Court may determine to be just and proper.”

The original January 27th, 2003 FTC Press Release, and the accompanying documents can be find by going to http://www.ftc.gov/opa/2003/01/drclark.htm. 

Why did the FTC think they wanted to shut down Hulda Clark?

For two reasons, I think.

(1)  The “quackbusters,” through their “letter campaign” intentionally misled the FTC to believe that “Clark is making millions off the sale of her products.”  I know about some of the letters, and who wrote them.  I also know that Hulda Clark’s only “product” is her books.  She sells no supplements, or makes no income from the sales of supplements.

(2)  The “quackbusters” see Hulda Clark, and her books, as probably the biggest threat, worldwide, to their obscene profits – for Clark teaches people, through her books and lectures, the reality of their own bodies and immune systems.  The New York ad agency had a meeting, targeted Clark, and went to work.

As we all know, the New York ad agency has a set piece it puts in place when it wants to destroy competition for its Big Pharma paymasters.  In an earlier newsletter, called The Quackbuster’s Newest Scam – “Operation Cure-All”..., I detailed how it works.  Below is an excerpt:

“The focus has been shifted since the quackbuster paymasters discovered that (1) Barrett, and company, just can’t deliver the goods, anymore.  And (2) Robert Baratz, the current President of the National Council Against Health Fraud (NCAHF). who was brought up from the minor leagues with high hopes, is turning out to be an amusing (for us) embarrassment (for them).  

Now, the quackbusters are using the FTC/FDA “Operation Cure-All” as their platform.  Herein, I’ll detail how I think they’re doing it.  In another newsletter I’ll tell you how simple it will be to thwart them – one more time.”

Here’s how they do it…

They decide who they’re going to hit. The advertising agency (which controls major drug advertising) writes up the stories that are going to be distributed to their “letter writing brigade.”   The letter writers, following the guidelines,  then write to the FTC, the FDA, and Operation Cure-All, to set a basis for the complaint.  Then the ad agency writes stories, getting quotes from the likes of Barrett, Baratz, etc., on the victim. The stories are sent out to the media in which the advertising agency’s drug clients advertise. The stories are printed in the media as though they were true.

Once the stories hit the press, a second wave of letters goes out to the FTC, the FDA, and Operation Cure-All, to put pressure on upper management to act.  Then more media is generated, this time with quotes from the quackbuster insider FTC employees to make it sound official that the FTC is interested.  Once this happens, letters and phone calls go out from supposedly “irate consumers (quackbusters),” once again to the FTC, the FDA, and Operation Cure-All upper management, demanding to know why they aren’t doing something.  

Then, letters and phone calls go out from supposedly “irate consumers (quackbusters)” to certain members of Congress demanding to know why the FTC, the FDA, and Operation Cure-All, aren’t doing something.

Within days, upper management of the FTC, the FDA, and Operation Cure-All, are deluged with questions from more media, and Congress.  They see the issue as important, and act against the victim – even if their is little or no evidence.

After this, some poor bastard is fighting for his life, while the plotters pop open a case of $1,000 a bottle champagne, congratulating themselves for another hit against their competitor…. And, more checks are written.

Against Clark, the “quackbuster”  claims were so ridiculous, and so juvenile, that a simple meeting, or two, with FTC solved many of the issues.  It helped that Chiropractor Tedd Koren, through his Washington attorney Jim Turner, had so forcefully eliminated Stephen Barrett’s personal contact’s influence at FTC not long before the Clark case came up.

But, even better was the so-called “witnesses” that FTC had assembled, clearly on the recommendation of the “quackbuster”  conspiracy.  The were LAUGHABLE.  One of them even fled the scene before he could be deposed.

But my all time favorite was the antics, in this case, of one of the quackpot’s top attorneys – Christopher Grell.  Grell had bragged, during Court ordered proceedings, that he was writing letters to the FTC.  Later, he complained that the FTC wasn’t doing anything about his complaints.

Grell, you may remember, is the one who brought the original action against Hulda Clark, allegedly on behalf of his clients, the Figueroas.  Stephen Barrett, and his parrots, made a big deal about this case.  After a period of time the Figueroas fired Grell – right after they were required to be deposed about their claims.  Then Grell sued Hulda Clark personally, claiming that she had hired me (Tim Bolen) to defame him (insert guffaw here).

In the end…

The FTC, early in the case, offered to settle.  My thinking is that soon after  the original case was filed that FTC began to get a whiff of the “quackbuster” stink in the case, and decided to take a hard look at the information, and the information sources, they had been led to believe had substance.

Amrein’s attorney, Carlos Negrete, who loves courtroom battles, listened to what the FTC offered in settlement, and negotiated a mutual agreement FAR from the FTC’s original desires in the case.

Basically, the FTC declined to press the case, and declined finding of any fault by Amrein, et al, in exchange for a separation of website information, some different disclaimers, a money-back guarantee, and a monitoring system in place for a period of time.

The important part – the website, and its sales operation is vibrantly in business.  I don’t think the “quackbusters,” are all that welcome in the halls, and conference rooms, at FTC any more.

Why did this particular quackbuster attack fail?

For two reasons (1)  Because they’re just not that good at this kind of thing anymore.  (2) They can’t work under bright lights, and bright lights they got.

Stay tuned…

Tim Bolen – Consumer Advocate