On January 14, 2002, the Oregon Attorney General obtained the following stipulation under which Shirley Hancuff and Monte Kline agreed not to misrepresent that electrodermal testing (EDT) can diagnose food allergies, “weak organs,” certain viruses, lead levels in children, and various other health problems. The stipulated judgment also required the defendants to pay $15,000 for costs and to offer disclaimers and refunds to clients. Quackwatch has additional information about Kline’s activities.
IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF CLACKAMAS
|STATE OF OREGON,
SHIRLEY HANCUFF and
|Case No. CCV0111396
STIPULATION AND JUDGMENT
Filed January 14, 2002
The parties hereby voluntarily enter into this Stipulation for Judgment on the terms and conditions set forth below:
1. This Stipulation for Judgment represents settlement of a disputed matter. It shall not be considered an admission’ of any violation, or of liability on the part of Defendants for any of the allegations of the complaint filed by Plaintiff herein.
2. Defendants understand and agree that the terms and conditions of ‘ this Stipulation for Judgment apply to them, and to their principals, officers, directors, agents, employees, representatives, successors and assigns, while acting personally, or through any corporations or other business entities, whose-acts, practices or policies are directed, formulated or controlled by the Defendants.
3. Defendants agree and understand that following the filing and entry of this Stipulation for Judgment with the court, the’ Department of Justice (“OOJ”) may communicate directly with Defendants for the purpose of executing and enforcing the terms of this agreement resolving future complaints,: and conducting undercover investigations to the extent permitted by law of the Defendants. However, DOJ acknowledges and agrees that DOJ shall copy any and all written communications with Defendants to Defendants’ lawyer, Greg Oldham, 520 SW Yamhill, Ste. 428, Portland. 97204, or to such other legal counsel as Defendants may in writing direct from time to time; and that if at any time Defendants direct DOJ to communicate only with their lawyer ‘or lawyers, DOJ shall communicate only with such lawyer or lawyers.
4. Defendants understand that, if they violate the terms or conditions of any portion of this Stipulation for Judgment, DOJ may institute appropriate action to enforce the’ Judgment, including but not limited to contempt proceedings and civil or punitive penalties, and such further relief as the court may deem appropriate.
5. The parties acknowledge that no other promises, representations or agreements of any nature have been made or entered into by the parties. The parties further acknowledge that this Stipulation for Judgment constitutes a single and entire agreement that is not severable or divisible, except that if any provision herein is found to be legally insufficient or unenforceable, the remaining provisions shall continue in full force and effect.
6. Defendants shall submit to the following remedies:
A. Defendants shall obey Oregon’s Unlawful Trade Practices Act, ORS646.605 to ORS 646.656.
B. Defendants shall not represent or imply that DOJ acquiesces or. approves of Defendants’ past business practices; current efforts to reform their practices; or any future practices which Defendants may adopt or consider adopting. DOJ’s decision to settle this matter or to otherwise unilaterally limit current or future enforcement action does not constitute approval or imply authorization for any past, present, or future business practices.
C. Upon execution of this Stipulation, Defendants shall pay $15,000 representing DOJ.’s reasonable costs for the investigation and prosecution of the case. This payment shall be made to the Consumer Protection and Education Revolving Account established pursuant to ORS 180.095. Said payment shall be used by DOJ as provided by law.
D. Restitution shall be made as provided in this paragraph:
1. Immediately upon execution of this Stipulation, Defendants shall send by first class mail a letter to all current and former customers from January 1, 1998. This letter shall clearly and conspicuously represent the following:
a. You are being contacted because you received electrodermal testing at this office.
b. The device used by Pacific Health Center for electrodermal testing is a galvanic skin response device that has been approved by the Food and Drug Administration (“FDA”) as a Class II device only for determination of autonomic responses to psychological indicators. The device has not been approved by the FDA for assessment of nutritional deficiencies, food allergies, the presence of toxins, Candida, Epstein Barr virus, or the weakness of organs and glands. Use of the device for these purposes is inconsistent with FDA approval.
c. There are no adequate, well-controlled clinical studies which demonstrate that the device used by Pacific Health Center for electrodermal testing is effective when used to assess for nutritional deficiencies, the presence of toxins, food aJlergies, Candida, Epstein Barr virus, and the strength or weakness of Organs and glands.
d. Your child’s exposure to lead cannot be determined solely through electrodermal testing.
e. You should not make decisions about your or your child’s health and nutritional. needs from information obtained solely through electrodermal testing.
Defendants and DOJ agree that the disclosure mailing attached hereto as Exhibit 1 will be the only form of disclosure mailing that will be used to satisfy the terms of this section.
2. Defendants shall refund their fee for electrodermal testing to all current clients, and to former clients since January 1, 1998, who request a refund within 120 days of the mailing required by, this paragraph.
E. Effective immediately upon execution by the Defendants of this Stipulation, Defendants agree to adhere to each of the following requirements:
1. Defendant may cease at any time using the credentials “CNC,” but if Defendants continue to use that credential they shall use the following disclosure conspicuously once in each brochure, information sheet or advertisement (including business cards and letterhead): ‘The credential Certified Nutritional Consultant (“CNC”) is not recognized by an accredited academic organization or government credentialing body. In brochures, advertisements or letterhead, the disclosure must be in the same size type as the principal type of the brochure or advertisement, but in no case less than a 10-point font size.
2. Defendants shall provide all prospective clients with the following disclosures, in the form of a sheet or brochure at the time of initial consultation. The sheet or brochure shall be printed in at least 11 point type, will be provided to, the prospective client at the time the client arrives and is given a history form to fill out (i.e., prior to the consultation and with enough time to read it), shall be signed by the client and maintained by Pacific Health Center in the client’s permanent file:
a. The device used by Pacific Health Center for electrodermal testing has not been approved by the Food and Drug Administration (“FDA”) for assessment of nutritional deficiencies, food allergies, the presence of toxins, Candida, Epstein Barr virus, or the weakness of organs and glands. Use of the device for these purposes is inconsistent with FDA approval. The galvanic skin response device used by Pacific Health Center, Inc. is a Class II device that may be used for lie detection and for biofeedback.
b. There are no generally accepted. completed clinical studies which demonstrate that the device used by Pacific Health Center for electrodermal testing is effective when used to assess for nutritional deficiencies, the presence of toxins, food allergies, Candida, Epstein Barr virus, and the strength or weakness of organs and glands.
c. Your child’s exposure to lead cannot be determined solely through electrodermal testing.
d. You should not make decisions about your or your child’s health and nutritional needs from information obtained solely through electrodermal testing.
e. Further, that we may recommend certain dietary changes or dietary supplements based partly on the results of electrodermal testing. You are not required to accept these suggestions. However, we offer a refund of our fees only if you follow our proposed dietary and supplemental plan for a full 30 days and do not show improvement.
f. Finally, that there are medical tests for many, if not all of the issues that I respondents use electrodermal testing to assess, and that we encourage you to confirm the exposures identified through our testing if you feel it is necessary.
3. Defendants shall prepare a disclosure sheet meeting these points for the approval of DOJ; however, DOJ may not insist on terms that are stricter than entered into by this Stipulation. Nothing in this section prevents Defendants from making other and further disclosures or factual statements to clients in their disclosure sheet.
7. Defendants shall not represent that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, quantities or qualities that they do not have or that a person has sponsorships, approval, status, qualification, affiliation, or connections that a person does not have.
8. Defendants shall be permanently enjoined from activities that constitute the practice of medicine as defined by ORS 677.085.
9. Defendants may perform the services of electrodermal testing with the disclosures described herein so long as the services do not constitute the practice of medicine or violate any of the terms of this Stipulation and Judgment.
10. Defendants shall be permanently enjoined from claiming or representing that they possess any academic degree unless the degree has been awarded by a school that: (a) has accreditation recognized by the United States Department of Education or the foreign equivalent of such accreditation; (b) has been approved by the Oregon Student Assistance Commission through the Office of Degree Authorization to offer and confer degrees in Oregon; or (c) is described in ORS 348.594.
IT IS SO STIPULATED:
SHIRLEY HANCUFF, an individual
MONTE KLINE, an individual
PACIFIC HEALTH CENTER, INC.
An Oregon Corporation
By; Shirley Hancuff, President
STATE OF OREGEON
By: DAVID HART, OSB00275
Assistant Attorney General
This page was posted on November 25, 2005.