NC Dietetics/Nutrition Board Wants To Shut Down Low-Carber's Blog
Unbelievable story at carolinajournal.com by Sara Burrows about a blogger the North Carolina Board of Dietetics/Nutrition is trying to shut down over his blog posts about his battle with diabetes which encourage others to follow what he's been doing:
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 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.
Hilariously, nutritionists give some of the WORST, non-evidence based advice on what to eat -- which is why people like Cooksey get fat and diabetic.
Per Gary Taubes' massive vetting of what is dietary science and what is "science" in "Why We Get Fat" and "Good Calories, Bad Calories," it is carbohydrates -- sugar, flour, starchy vegetables like potatoes, apple juice -- that cause the insulin secretion that puts on fat.
Of course, the problem in North Carolina is not about who's putting out good science; it's really one of competition -- those with licenses to dispense dietary information wanting to keep Cooksey down:
Jan. 12, Cooksey attended a nutrition seminar at a church in Charlotte. The speaker was the director of diabetes services for a local hospital."She was giving all the wrong information, just like everyone always does -- carbs are OK to eat, we must eat carbs to live, promoting low-fat, etc.," Cooksey said. "So I spoke up."
After the meeting he handed out a couple of business cards pointing people to his website.
Three days later, he got a call from the director of the nutrition board.
"Basically, she told me I could not give out nutritional advice without a license," Cooksey said.
He said she also told him that his website was being investigated and gave him some suggestions about how to bring it into compliance.
Feebie, who sent me this link, added below it:
Lost seven pounds so far on Taubes' diet plan, with ten or so more to go - because of your relentless hauranging (smile). Came to find out I am insulin resistent and gluten intolerant. Wish I'd listened to you sooner... But no time like the present to correct actions and move forward.
I love reading your posts on the subject - THANK YOU.
I'm not surprised. I was a personal trainer in North Carolina and yes, the dieticians in that state apparently have a strong lobby.
He is allowed to say, "Gary Taubes says you should do this and I tried it and it really worked for me..." However, he is not allowed to say, "Do this and you'll lose weight..."
Worse still, even if you ARE a licensed dietician in N.C., you're not allowed to deviate from the script. You can only give dietary advice as the state prescribes it. You wouldn't be allowed to recommend guidelines from Taubes or anyone else who suggests anything different.
Patrick at April 23, 2012 9:23 AM
Amy Alkon
http://www.advicegoddess.com/archives/2012/04/23/nc_dieteticsnut.html#comment-3155441">comment from PatrickActually, the problem is, we all can see that a guy is a blogger and not a doctor, but many people assume that nutritionists are putting out good health advice. I see them on the news all the time advocating precisely the diet that will make people fat and diabetic -- a high-carb, lowfat diet.
Amy Alkon
at April 23, 2012 9:27 AM
what's sad is that unless the guy is a deep pocketed lawyer, you can't fight city hall. He'd have to move away to continue this. He should probably set up a pseudonymous name and account that are not in NC, and stop handing out cards... saying rather I found this blogger in Texas or Greenland that is super cool and seems to have her act together.
The internet does offer up some possibility there.
SwissArmyD at April 23, 2012 10:38 AM
I'd like a larger discussion about why there are so many barriers to the truth, both on the broadcasting and the receiving sides.
DaveG at April 23, 2012 11:54 AM
Actually, Amy, the biggest issue is that he was giving individualized advice to random people who visited his site. As a former weight loss counselor for both Jenny Craig and LA Weight Loss.....you can't fucking do that.
We had to take full medical histories to keep on file, consult with some clients doctors prior to putting them on the diet, and consult with our dieticians and nutritionists before modifying the diet mid course.
The Paleo blogosphere was done with this guy weeks ago, cause he's not "just" a blogger. He's a fucking embarrassment.
deathbysnoosnoo at April 23, 2012 12:08 PM
I don't care if the guy is the biggest tool on the internet, or even a vegan, it's a first amendment issue. Wouldn't the EFF or the ACLU help the guy?
nonegiven at April 23, 2012 4:28 PM
"biggest issue is that he was giving individualized advice to random people who visited his site. As a former weight loss counselor for both Jenny Craig and LA Weight Loss.....you can't fucking do that."
Freedom of speech does not protect only good advice. As long as he is not misrepresenting himself as a doctor, scientist, or otherwise being an out and out fraud, the first ammendment says he can say whatever the hell he wants to whomever the hell he wants and they're free to listen or to ignore him as they choose.
He could tell people they should eat nothing but chalk and drink nothing but vomit, and he's free to do that himself, but nobody has to listen to him. But nobody has the right to force him to be silent either, however "embarassing" he might be.
Perhaps he is totally wrong, I don't know. What I do know is that the conventional "nutrition" advice that has come out in my lifetime has been so full of shit that its hard to imagine how any random guy could be more wrong than the established order has already shown itself to be.
Robert at April 23, 2012 4:49 PM
Amy Alkon
http://www.advicegoddess.com/archives/2012/04/23/nc_dieteticsnut.html#comment-3156291">comment from RobertWhat I do know is that the conventional "nutrition" advice that has come out in my lifetime has been so full of shit that its hard to imagine how any random guy could be more wrong than the established order has already shown itself to be.
Hear, hear!
Amy Alkon
at April 23, 2012 5:01 PM
Hell, even with a degree, there is no law against advice outside your profession. Look at Dr. Atkins, he was a cardiologist not a nutritionist or gastroenterologist. But he was in the ballparks of the professions.
Then of course there is Dr. Laura Schlessinger who happily hands out advice on social, marital, relationship and similar issues. Did anyone realize she earned a Master's and Ph.D. in physiology in 1974. I'm sure we can all see how physiology relates to psycho-social advice, right?
I trust Amy a hell of a lot more than "Dr. Laura". I know Amy is up to date and has put study into it.
And if someone wants to use a standard you need to have a degree on a subject, kiss my butt. That would mean that as soon as you said to a friend "I think you should dump her cheating ass;" you would be in violation of these type of laws.
Trying to regulate speech is trying to regulate thought.
Now if he was saying he was a professional, trained, etc. would be fraud. But show me where on his site he says he is anything like that?
Jim P. at April 23, 2012 7:41 PM
Robert,
That wasn't directed at you. You just had a nice convenient paragraph to reply to.
No hurt feelings meant.
Jim P. at April 23, 2012 7:43 PM
No, fairly said Jim. Well put.
And I agree, though I am opposed to people posing as trained in a given field if they haven't been.
A trained professional can be wrong, and an informed, or even uninformed, amateur can be right.
But if the doctor is a doctor of law, I'd want to know that when he gives medical advice signed "Dr. soandso"
As I see it, I can't imagine how the law can touch the guy this entry is about. He didn't pretend to have training in his field, he wasn't shilling a product at a convention making untested untried claims. (Though somehow homeopathic shit gets away with that all the time)
The nutritionists don't have a leg to stand on here.
Robert at April 23, 2012 8:08 PM
The nutritionists don't have a leg to stand on here.
I agree -- I would contribute to his legal fund to counter-sue the NC Nutrition board, the NC government, et al. for violation of his First Amendment rights and the rest of the stuff that typically go into such a suit.
I'd also pay to have Eades/Taubes break down the NC "required nutrition teaching", and prove it is backwards.
Jim P. at April 23, 2012 8:39 PM
There is absolutely no common sense around anymore. This is really crazy, them going after this blogger. He is not the only person with diabetes to change to a low carb diet, I have read about many. Why they are still trying to force this low fat killer diet on us is beyond me. It's almost like a conspiracy.
Melody at April 24, 2012 7:42 AM
"Almost like?"
Sosij at April 25, 2012 10:17 PM
Leave a comment