{"id":2614,"date":"2012-04-24T17:29:23","date_gmt":"2012-04-24T22:29:23","guid":{"rendered":"http:\/\/realfoodhouston.com\/?p=2614"},"modified":"2013-06-27T16:00:02","modified_gmt":"2013-06-27T21:00:02","slug":"north-carolina-targets-nutrition-blogger-its-not-enough-to-have-a-disclaimer","status":"publish","type":"post","link":"http:\/\/www.realfoodhouston.com\/wp-files\/2012\/04\/24\/north-carolina-targets-nutrition-blogger-its-not-enough-to-have-a-disclaimer\/","title":{"rendered":"North Carolina targets nutrition blogger; it’s not enough to have a disclaimer"},"content":{"rendered":"
\"Censored<\/a>

Censorship<\/p><\/div>\n

I’m a REAL FOOD, health, and nutrition blogger, so this story really hit me hard.\u00a0 Blogger Steve Cooksey is diabetic and when he found no relief from conventional treatment, he determined to try another way–a strict, very low-carb, paleo\u00a0diet–and, so far,\u00a0he says it’s\u00a0worked.\u00a0 He lost a lot of weight and now claims he\u00a0has normal blood glucose and takes no drugs or insulin.\u00a0 As a\u00a0result of his success, he developed a website, Diabetes-Warrior.net<\/a>,\u00a0to share with others the nutrition information that\u00a0worked for him.\u00a0 What’s the problem?\u00a0 Apparently he caught the attention of the North Carolina Board of Dietetics\/Nutrition<\/a>\u00a0(NCBDN)\u00a0by speaking up at a January 2012 nutrition seminar in Charlotte, NC.\u00a0 Cooksey says<\/a> about the speaker, director of diabetic services for a local hospital, “She was giving all the wrong information, just like everyone does–carbs are OK to eat, we must eat carbs to live, promoting low-fat, etc.”\u00a0 A few days later the director of the NCBDN told him his website was being examined, suggesting he “bring it into compliance.”\u00a0 Cooksey said, “Basically, she told me I could not give out nutritional advice without a license.”<\/p>\n

Charla Burill, director of \u00a0NCBDN’s board, provided an\u00a0review<\/a> of Cooksey’s website (posted by Cooksey) with detailed notes\u00a0that repeatedly said he should not be “advising,”\u00a0“counseling,” “assessing”\u00a0or answering specific questions without a license.\u00a0 “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.'”\u00a0 You are probably asking why he doesn’t have a disclaimer.\u00a0 Well, he does!\u00a0\u00a0Cooksey’s website\u00a0has a disclaimer page<\/a>\u00a0that says he is not a doctor, he has no formal nutrition training,\u00a0he does not give personal advice, and the\u00a0information is for educational purposes ONLY.\u00a0 In addition,\u00a0at the bottom of every<\/em><\/strong> web page, he has this statement: “I am not a doctor, dietician nor nutritionist…in fact I have no medical training of any kind. . . .”<\/em>\u00a0 You would think that would clear anything he says, but here’s what probably irritated the NCBDN: the next words after his disclaimer at the bottom of every page, “If I can figure this out so should they… if it wasn’t for their … A) Intellectual Laziness B) Willful ignorance\u00a0 C) Greed\u00a0 D) All of the above :)”<\/em><\/p>\n

But this\u00a0isn’t\u00a0really about licensing, this is\u00a0an issue of free speech.\u00a0 Steve Cooksey doesn’t claim to be a doctor or even a nutritionist.\u00a0 In fact, he just about plasters his disclaimer all over his website.\u00a0 So what’s wrong with suggesting to\u00a0others to follow a diet plan that worked for him?\u00a0 What’s wrong with pointing out that ‘official’ advice doesn’t work?\u00a0 James Skyles is the principal attorney at Skyles Law Group, LLC<\/a>, which\u00a0addresses the legal\u00a0issues of cyber law.\u00a0Here’s his opinion<\/a> about the situation:<\/p>\n

A couple of key points. If Cooskey [sic]\u00a0was offering paid services then the state would have a case. However, blogging would have nothing to do with the paid services, the paid service itself would be the violation. Anyone can offer lay opinion. News editorials offer lay opinion on legal issues all the time (and they are more often than not wrong). Are they practicing law without a license? Clearly not. Their activity is covered by the first amendment. The same applies here.<\/p>\n

On my blog, on posts where I opine on legal situations, I always include a disclaimer stating that the information contained is not legal advice, and that the reader should consult a lawyer before doing anything. If Cooskey\u2019s [sic] disclaimer is not enough, then what is to say my disclaimer is enough, should someone decide to act on the advice given?<\/p><\/blockquote>\n

The North Carolina NCBDN is apparently saying to bloggers that having a disclaimer is not enough, and as James Skyles says, all bloggers, not just health and nutrition bloggers,\u00a0could be in the target zone.\u00a0 Yes, this IS a free speech issue.<\/p>\n

For the future, Steve Cooksey\u00a0is hoping that\u00a0all the attention to his website may be a good thing.\u00a0 Here’s\u00a0what he has to say about the issue:<\/p>\n

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Update, June 15, 2012:<\/strong><\/em> The Institute for Justice (IJ) reports<\/a> that Steve Cooksey has joined with them to file a major First Amendment lawsuit against the State Board in federal court. “This lawsuit seeks to answer one of the most important unresolved questions in First Amendment law: When does the government\u2019s power to license occupations trump free speech?”<\/p>\n

Update, March 5, 2013<\/em>:<\/strong>\u00a0 A great video depicts Steve Cooksey’s problems with the NCBDN.<\/p>\n