Consumer Health Digest is a free weekly e-mail newsletter edited by William M. London, Ed.D., M.P.H., with help from Stephen Barrett, M.D., It summarizes scientific reports; legislative developments; enforcement actions; other news items; Web site evaluations; recommended and nonrecommended books; research tips; and other information relevant to consumer protection and consumer decision-making. The Digest’s primary focus is on health, but occasionally it includes non-health scams and practical tips. Items posted to this archive may be updated when relevant information becomes available. To subscribe, click here.
CFI launches consumer protection office. The Center for Inquiry has launched its Office of Consumer Protection from Pseudoscience to fight against the harms caused by quacks, crooks, and charlatans, big and small. Its initial areas of interest include homeopathy, fraudulent supplements, and naturopathy. Its web page includes a complaint form and links to state consumer protection offices.
Cosmetic surgery by Arizona naturopaths spotlighted. A 12 News Phoenix I-Team investigative report has noted that a loophole in Arizona law has enabled licensed naturopaths in Arizona to offer liposuction and other cosmetic surgery. Some Arizona naturopaths are performing Brazilian butt-lift (BBL) surgery (gluteal augmentation or gluteal fat grafting), which has a mortality rate of 1 in 3,000 patients—far higher than any other cosmetic procedure. Naturopaths lack appropriate training to perform cosmetic surgery. This training normally includes three to five years of general surgery training followed by a two- to three-year residency program specifically focused on plastic surgery. Arizona’s naturopathic licensure law allows practitioners to perform minor surgery, but the Arizona Naturopathic Physicians Medical Board has not defined it. Experts consider liposuction to be major surgery. The report tells the story of a liposuction performed by a naturopath for $3,275 on a man who was not given the necessary compression garment after surgery. The man healed lopsided and was left scarred, with hardened fluid around his abdomen. In 2019, the Arizona board decided not to discipline the naturopath. Arizona has the widest scope of naturopathic practice in the country. [Wilcox K, Buono B. Arizona allows people who aren’t medical doctors to perform liposuction and Brazilian butt lifts. KPNX-TV Phoenix, April 16, 2022]
FDA warns about prenatal screening tests. The U.S. Food and Drug Administration (FDA) is warning about false results, inappropriate uses, and inappropriate interpretations of widely used, non-invasive prenatal screening (NIPS) tests—also called cell-free DNA tests or non-invasive prenatal tests (NIPT). These laboratory-developed tests (LDTs) identify signs of genetic abnormalities in a fetus based on a sample of blood from the pregnant woman. The FDA advises patients to: (a) talk with a genetic counselor or other health-care provider both before deciding to have prenatal testing and after the results are received; and (b) not use screening-test results alone to make decisions about pregnancy—additional testing is needed to confirm whether the fetus is truly affected. [Genetic non-invasive prenatal screening tests may have false results. FDA Safety Communication, April 19, 2022] Most NIPS tests are offered without FDA review. The FDA is concerned that advertising claims that NIPS tests are “reliable,” “highly accurate,” and offer “peace of mind” for patients may not be supported with sound scientific evidence. [FDA warns of risks associated with non-invasive prenatal screening tests. FDA news release, April 19, 2022]
FTC sues funeral and cremation businesses. On behalf of the Federal Trade Commission (FTC), the Department of Justice is suing Funeral & Cremation Group of North America, LLC, Legacy Cremation Services, LLC, doing business as Heritage Cremation Provider, and their owner, Anthony Joseph Damiano. According to the complaint, the defendants allegedly:
- claim on their websites and during phone calls with consumers to operate local crematories or provide local cremation services
- frequently fail to disclose that they merely attempt to arrange for services by unaffiliated third-party funeral providers
- in some instances, are unable to locate a funeral provider in the location sought by the consumer, and instead secure services in other locations that are, at times, up to two hours away, without first consulting with the consumer
- routinely posted prices lower than consumers ultimately paid
- violated the Funeral Rule by failing to disclose the total cost of the goods and services and failing to disclose that the prices they charge for cash advance items are higher than defendants’ costs for those items
- in some instances, unfairly withheld or threatened to withhold cremated remains or information about the location of cremated remains from consumers who refused to pay previously undisclosed fees and higher prices
The FTC is asking the court to stop violations of the FTC Act and the Funeral Rule and impose civil penalties on the defendants. [Federal Trade Commission alleges funeral and cremation services companies and their owner mislead consumers about their location and prices, and withhold remains to extract payment. FTC press release, April 22, 2022]
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