In 1975, Gary Couture, D.C., entered a plea of guilty to violating Section 1706 of the California Health & Safety Code, which states that no person may undertake to treat or alleviate cancer by the use of drugs, surgery, or radiation unless such person holds a license expressly authorizing the diagnosis and treatment of disease with such methods. Couture was fined $500 plus costs, placed on probation for two years, and ordered to pay $1,000 to the California Food and Drug Section for the cost of its investigation. Shortly afterward, his chiropractic license was revoked.
The case illustrated the power of California’s special cancer law when combined with intensive investigation. The investigation began in 1972 after patient complaint suggested that Couture was routinely diagnosing and treating medical conditions that were outside the scope of chiropractic. During the next three years, investigators found that used applied kinesiology muscle-testing and other dubious means to diagnose problems for which he recommended megavitamins and other inapprorpaiuet treatment. During the investigation, Couture admitted that he his month gross was grossing $22,000 for treating 800 patients. The undercover investigation, written by James Lucas, is summarized below.
On December 18, 1972, a consumer complained about the above subject. The subject allegedly diagnosed the patient as having hypoglycemia and prescribed the necessary vitamins after analyzing her “electromagnetic field. The subject told the patient he would cure her within six months, and additionally diagnosed a condition of bursitis.
A February 1973, undercover investigation began with an operator telling the subject she had a back pain and a diabetic condition. The subject responded by telling the operator her diabetic condition was affected by poor muscles and he would discuss her condition further during their next appointment. Due to uncontrollable circumstances, this operator did not return for another appointment.
Recently, an Orange County Deputy District Attorney has approved continuance of the investigation and from December 26, 1974, through April 21, 1975, three undercover operators visited the subject’s office a total of twenty times.
The first operator first visited the subject’s office on December 26, 1994. She completed a personal history sheet which included her present conditions of back trouble and epilepsy and her (contrived) condition of leukemia, which is a cancer of the bloodstream. The subject responded to the personal history sheet by telling the operator her leukemia was his primary concern, that she should see rapid improvement after following his megavitamin and vegetable juice regimen, and that she could probably stop taking chemotherapy from her medical Doctor of Oncology in about three to six months.
On the following day, December 27, 1974, this same operator returned to the subject’s office and received a series of muscle tests (varying degrees and directions of pressure are exerted upon thirty-three pairs of muscles throughout the body to allegedly determine nerve impairments—hereafter referred to as neuromuscular tests) from the subject’s associate chiropractor, Dr. Pedersen (hereafter referred to as subject ‘s associate). The subject’s associate told the operator that her problems stemmed from numerous nerve impairments concentrated in her neck and pancreas, and that electroacupuncture would be the appropriate treatment.
On December 30, 1974, this same operator returned for her third visit, whereupon she received an ultrasound treatment. Also, the subject’s associate gave her a spinal adjustment, and told her she would have to continue frequent treatments, and wait for the subject’s diagnosis.
On January 6, 1975, this first operator refused treatment because the subject told her he did not have time to discuss his diagnosis with her. The appointment was rescheduled.
On her fifth visit, January 9, 1975, the first operator received a diagnosis from the subject. He first discussed her back problems and nerve impairments, and again suggested she take his megavitamin therapy. This therapy is part of an intensive program represented to last three to five visits per week for the first three months. The subject emphasized that his diet, vitamins, and spinal adjustment routine would fight her leukemia. During the subject’s explanation of the effects of his vitamins, he told this first operator that one teaspoonful of ”LIQ-A-MONE” (a product which the subject prescribed for her) contains enough protein to enable the body to produce red blood cells faster, and that leukemia is a lack of red blood cells. The subject then told the operator her condition was definitely within the scope of chiropractic and he thought he could help her leukemia. The subject ascertained which vitamins he would prescribe for her by placing each vitamin bottle in the operator’s left hand, and performing a neuromuscular test to her outstretched left a.rm. The subject stated the operator’s body wanted the bottles of vitamins that she was holding when she resisted his pressure upon her arm. After a spinal adjustment, the subject sold the operator eight bottles of various nutritional supplements which are labeled as primarily containing iron, protein, and vitamins A, B, C, and E. During the sale of these vitamins, the subject told the operator, “All these vitamins are specifically for your leukemia.”
On the following day, January 10, 1975, the first operator returned for her sixth visit and initially received a spinal adjustment from the subject. The subject stated the vitamins he had previously prescribed for her should be taken for awhile, to begin her body’s rejuvenation. He added that his dietary program would definitely help her leukemia, and reiterated that his diet, rnegavitamins, and spinal adjustments would all work together to get the body to fight off her leukemia. The subject also stated that the operator should not bother with her oncologist and her chemotherapeutic drugs.
On February 6, 1975, the first operator returned for her seventh visit. To the subject’s office. She received a spinal adjustment from the subject’s associate, and returned later in the day in order to be nutritionally counseled by the subject. At this time, the subject gave her neuromuscular tests, utilizing the same outstretched arm resistance test he prescribed vitamins with, on her fifth visit. The subject told this operator she was much improved and sold her some vitamin C which he said her body needed. This is in addition to the three bottles containing vitamin C which he had sold her on her fifth visit.
On March 6, 1975, the first operator returned for her eighth and final visit, and received the usual spinal adjustment. She told the subject she had not returned to her oncologist. To this the subject replied, “I hope not.” On this visit, the second operator accompanied the first operator and was introduced to the subject as a leukemia patient. The subject responded with enthusiasm, explaining to the second operator that his treatment for leukemia includes a diet, megavitamin therapy, and spinal adjustments.
The second operator returned for a second visit on March 14, 1975, but was told by the receptionist that the subject was unexpectedly out of town.
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She returned for her third visit on March 19, 1975, and first completed a personal history sheet which included her present (contrived) condition of leukemia. The subject told the second operator he thought he could help her. He also asked if her condition was terminal. She replied, saying that her doctor told her she had a possible case of terminal leukemia. The subject agreed that leukemia was terminal. The subject then told her he would like to perform some x-rays and neuromuscular tests, and introduced her to his associate, as having a blood disease. The subject’s associate then administered a series of x-rays. Literature obtained this date includes information about “acupuncture.” The subject uses the term acupuncture, but he appears to practice acupressure. He uses a silver colored device similar in size and appearance to a ball-point pen, but having a flat top. This device appears to be spring-loaded, and is used by “thumping” it upon various nervous system points on the body associated with the problem organs. Hereafter, the above treatment will be referred to as “acupuncture.”
The second operator visited the subject’s office for the fourth time on March 24, 1975, and received the series of neuromuscular tests by the subject’s associate. These tests allegedly measure the amount of strength certain muscles lack, due to nerve impairment, and are the same as the tests received by the first operator on her second visit. In addition, a device was used to measure electric differentials along the nerve meridians of her body. Hereafter, referred to as meridian tests. These tests also allegedly measure points of nerve impairments to muscles. The subject’s associate told her she had a thyroid problem. The subject added that she had a blood problem and needed further examination, During this visit, the second operator was accompanied by the third operator who told the subject she recently had a malignant neoplasm which required a radical mastectomy and subsequent cobalt treatments. (This third operator is in fact a cancer patient undergoing routine precautionary examination.) The subject responded by telling this third operator she could expect the same course of treatment as the second operator was receiving for her terminal leukemia.
On March 31, 1975, the second operator visited for the fifth time and consulted with the subject about her health problem. The subject told her she did have bladder, kidney, and blood disorders, among problems, but that he was sure he could save her life. The subject added that his treatments would be expensive, but he would give her a discount. The subject sold this second operator a mineral to stop the degeneration of her rib bones. The subject also gave her an “acupuncture” treatment to balance her cells and improve her circulation, which would, in turn, improve her bladder, kidney, and blood disorders. The subject added that it would take some time, but he was sure he could get rid of her leukemia. During this second operator’s consultation, the subject also stated he was sure he could help the third operator’s problem. Also on this date, the third operator made her second visit. She first completed a personal history sheet, and then received two x-rays from the subject’s associate. The subject then promised her he had tests available which would essentially diagnose any disorders she might have.
On April 7, 1975, the third operator returned for her third visit. The subject’s associate performed the usual neuromuscular and meridian tests which allegedly measure the weakness of certain muscles and organs due to nerve impairments.
On April 14, 1975, the third operator returned for her fourth visit, at which time the subject told her he had analyzed her x-rays, neuromuscular, and meridian tests, and decided she had liver and kidney disorders. For these disorders, the subject gave her an “acupuncture” treatment and a spinal adjustment. A heel pad was also prescribed to raise her shorter leg. Also on this date, the second operator returned for her sixth visit. The subject also gave her a spinal adjustment and an “acupuncture” treatment. The “acupuncture” was supposed to improve her circulation, and her ‘bladder, kidney, liver, and rib bone degenerations. The subject then told this second operator he thought she would be medical history. He then prescribed a protein and three vitamins, and stated he was treating only her leukemia and rib degenerations.
On April 15, 1975, the second operator visited the subject’s office for her seventh and final time, by attending an evening lecture on hypoglycemia. For this condition, the subject recommended his “acupuncture,” diet, and chiropractic treatments.
On April 21, 1975, the third operator visited the subject’s office for her fifth and final treatment. The subject again gave her a spinal adjustment and his “acupuncture. ” He told her she had thyroid and lymph problems, and he sold her two bottles of a dietary supplement for her thyroid condition; two bottles of a vitamin and mineral supplement for her lymph gland problem; and one bottle of a multiple vitamin to build up her red blood cells.
In conclusion, the subject provides a series of appointments which sell the patent x-rays, spinal adjustments, ultra-sound therapy, neuromuscular and meridian tests, “acupuncture,” nutritional supplements, and his diagnostic evaluations.
The subject has represented that his program of diets, nutritional supplements, and routine spinal adjustments, will work together to fight off leukemia; that his vitamins are specifically for leukemia; that he will cure the “terminal condition” of leukemia; that his scope of chiropractic definitely encompasses leukemia; and that patients should discontinue utilizing the services of their oncologist.
The subject apparently has violated Health and Safety Code Section 26463—it is unlawful to advertise a drug and device as having an effect upon cancer; section 26650—selling a misbranded drug; and has feloniously violated section 1706—treating cancer without a license; section 1707.1—selling a drug and device represented to treat and alleviate cancer, without a state or federal new drug application; and section 1714—intentionally and falsely representing and providing for compensation, a device, substance, method, and treatment as effective in diagnosing, arresting, and curing cancer.
The information contained herein, concerning visits to the subject’s office by undercover operators, has been compiled from the operator’s respective declarations and edited to condense and clearly report the evidence.
