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Why did QuackWatch lose the trial?

  1. May 25, 2008 #1

    SF

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    Here's a report from the crackpot's PoV:
    herballure com/ubbthreads/showflat.php?Cat=&Board=UBB1&Number=435&page=0&view=collapsed&sb=5&o=&fpart=1

    Why did the judge rule against QuackWatch?
     
  2. jcsd
  3. May 25, 2008 #2

    D H

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    Staff Emeritus
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    My take: Science and the law operate under different premises. QuackWatch attempted to bring scientific premises into the world of law. In science, extraordinary claims require extraordinary evidence. Someone with a hypothetical cure for some ill must prove beyond all reasonable doubt that their claim is valid. In law, the burden of proof shifts dramatically, particularly so in civil law. A quack can make a claim for a product, and it is up to the plaintiff suing the quack to prove the quack is wrong.

    It also doesn't hurt that the quackery industry is very deeply involved in funding politicians. Federal and state regulations have been weakened substantially since the 1970s.
     
  4. May 25, 2008 #3

    Evo

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    Staff: Mentor

    They lost because it was in California which has some bizzare approach to crackpot medicine. Your link is from 2003.

    From your link
    What this is saying is that in Califiornia I can sell the snot out of my nose and claim it cures cancer and I don't have to prove it. If someone takes me to court, they have to prove my snot can't cure cancer. It is the most ridiculous and backasswards thing I've ever seen.

    I haven't checked to see if the ruling was reversed or if California has now inacted consummer protection laws since this nonsense.

    Quackwatch is very alive and well.
     
  5. Jun 7, 2008 #4
    Last edited: Jun 7, 2008
  6. Jun 7, 2008 #5

    Evo

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    Staff: Mentor

    This is quackwatch's suit of libel against the Bolens.
     
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