In Email communication with Dr. Ted Koren, he forwarded the following information concerning the Federal Trade Commission's investigation into his publications.
Introduction
I think you may have to read this letter twice because you may not believe it the first time around. At first blush it appeared that all the Federal Trade Commission really wanted me to do was "clean up" a few brochures they didn't like. That was my initial impression. As they continued to bleed me dry, with no end in sight and as I began to enlist specialized legal counsel experienced in dealing with the FTC the full reality of this government investigation was clarified. The FTC wishes to gag the entire chiropractic profession; anything we communicate to the public. I was just first on their list. Everyone is on the block. The FTC has made this very clear to my attorneys.
Here are just some of the materials regarding this terrible turn of events. Enclosed are a call-to-arms letter I've written, with the assistance of three of my attorneys, plus a review of the disastrous meeting with the FTC on May 21st written by Julia Oas, Esq.
The FTC is preparing to attack. We have less than one week before they strike. They led my attorneys and myself on - we thought we were close to a deal many times but suddenly they changed their tactics to - "sign the papers or die." But the papers they wanted me to sign were so severe it was: "Sign the papers and die." I had three options:
1. Sign the papers and watch the FTC go after everyone one-by-one. By this time it was obvious from FTC statements that I was just their excuse to regulate and muzzle the entire profession.
It became clear that option number three was the only one that we had. I must repeat that all of us are on the chopping block. This pertains to all chiropractic patient education, whether purchased by the chiropractor, produced by chiropractor, in an ad, flyer, brochure, or even spoken in a lay lecture.
We are all on their list, I am just first. They are planning on taking us down one-by-one, it's a lot easier for them to do it that way. As Benjamin Franklin once said, "We must hang together or we most assuredly will all hang separately." I need your help now!
We need at least five organizations or individuals to donate $100,000 immediately. Plus, we need 1,000 Doctors of Chiropractic to pay for at least one hour of legal fees per year. Since legal fees are around $400 per hour, plus expenses, this can be met by 1,000 doctors giving at least $40.00 per month via credit card donation. Every month their credit card will be automatically charged $40.00 (That runs to $10.00 per week, which we think most doctors could afford). We expect the total cost of this lawsuit could run to millions. The upside is however rather significant. Chiropractic's fight will affect all the alternative healing arts. We will get tremendous P.R., CNN, Dateline, evening news. But more importantly, we will have struck a blow for health care freedom that will help signal the deal knoll of political medicine. But if we lose we face the gravest threat to the future of chiropractic ever.
The profession has never faced attack by a federal agency before, with the full power that agency has. You communication will be regulated by the FTC, you can face severe penalties for violating FTC regulations if you, even unwittingly, mislead the public that people can be helped with any health problem other than low back pain. And so far, the FTC has not even told us which type of low back pain they'll permit us to mention to the public. Please, let us hang together.
P.S. For a full legal update and clarification I invite you and your attorneys to discuss this matter with Mr. Jim Turner who is our lead attorney or his associate Mr. Charles Brown at 800-510-0151. Address: Swankin and Turner, 1424 16th Street N.W. Ste 105, Washington, DC 20036
2. Continue to fight the FTC and soon go bankrupt and capitulate.
3. Enlist the profession to begin a major war against a major federal regulatory agency. This was not a step I would take lightly and I avoided it as long as I could. It meant, in the words of my attorney, "Your entire life will be on hold for years."
STOP GOVERNMENT INTRUSION INTO CHIROPRACTIC!!
This is the greatest threat to chiropractic's existence we have ever faced.
If you think money is tight now, wait until the FTC regulations take effect.
For the last 4 years, my business of distributing chiropractic patient education brochures and other information about chiropractic to chiropractors has been under attack by the Federal Trade Commission (FTC). The FTC alleges that my brochures are a vehicle by which chiropractors have misled their patients and the public.
In my brochures I discuss the chiropractic position on health care, subluxation and adjustments. In my brochures I discuss the clinical findings and research that has helped make chiropractic the largest alternative health care system in the United States. The FTC however, has recently decided that the (medical) research only supports the position that chiropractic is for lower back pain (and nothing else). After numerous attempts at resolving this matter amicably with the FTC in a way that would still allow me to sell brochures and patient education materials (even with reasonable revisions) and keep my business, I feel I have reached the end of my financial rope. I am left with the difficult position of either agreeing to discontinue my patient education business (and let the FTC go after the entire profession and control chiropractic patient education) or bankrupt myself in continuing my fight alone.
Why are my problems important to you? By attacking what I can say in my brochures, the FTC is setting a strict legal standard for all the claims that can be made for all forms of alternative health care in the U.S., especially chiropractic. Unless supported by research according to their (medical) standards you can only tell patients, by word, advertising or writing that chiropractic may help lower back pain. You can not address neck pain, headaches, whiplash, asthma, fevers, ear infections, sciatica, menstrual problems…nothing, except low back pain. (I have sent them cartons of chiropractic research, studies, reports. Their "experts" rejected them all.)
You cannot tell the public about any research done on chiropractic and various conditions. If you ever tell anyone that chiropractic can help, or even imply that chiropractic can help someone for anything other than low back pain you violate FTC regulations.
All other suppliers of patient education materials, including schools, chiropractic organizations and individual D.C. could be constrained by the FTC. This will essentially place a gag order on you, me and the entire chiropractic and alternative health care practitioners. You will be permitted to practice, but you will not be permitted to tell the chiropractic story. Under the standards of the FTC, chiropractic would be forced to practice under a gag order for the rest of your life. Let me give you some examples:
§ The FTC position means you cannot tell patients or the public in advertising or promotional materials or by word or in writing that chiropractic can help their children or themselves unless they have lower back pain. If a patient asks you, "Can you help my child with ear infections?" (Husband with a headache, friend with sciatica, whiplash, carpal tunnel etc.) and if you say "yes" or "maybe" or "perhaps" you could be stuck in my situation.
§ If you have an ad in the Yellow pages or newspaper that implies (doesn't say outright) chiropractic is for anything other than low back pain you could face the government interfering with your practice.
§ Do you have an 8 Danger warning sign ad? Do you advertise anything other than low back pain? Perhaps Kid's Day? Do you even suggest that people with conditions other than low back pain come in for care? The FTC could decide that it implies claims that cannot be substantiated and come after you.
§ You may be thinking "But I tell my patients that chiropractors do not treat diseases, they adjust subluxations." Sorry. My brochures say "chiropractors do not treat disease, they correct subluxations, however if you have any health problems (constipation, shoulder pain, headaches, leg pain, sciatica, hip pain, hearing problems, vision problems etc.) please see a chiropractor to make sure your body is subluxation-free, it might make the difference." The FTC is challenging my claims saying I'm implying a claim.
§ But its not just what you say. If you write your own literature, write an ad or use anyone else's literature and the FTC doesn't like the way you say it, you could face an FTC investigation that could bankrupt you. If a mother comes to you asking if you can help her child's ear infections and you say: "Chiropractors don't treat diseases, ear infections included. We do adjust subluxations which have a positive benefit on overall health and if your child has ear infections (husband has headaches etc.) he better make sure his spine is free from subluxations…." You could be subject to governmental scrutiny.
How did this start? It appears that the FTC is consulting with extremists rather than mainstream experts.
The FTC requires "competent and reliable scientific evidence" to support any claims made or advertising or promotional materials. What does that REALLY mean? It means that chiropractic will be judged through the eyes of, and under the standards of, allopathic medicine. It means that even truthful, carefully qualified information about chiropractic (indeed, all alternative health care) will be squelched. It will limit people's ability to choose options in health care. It means we cannot educate the public about legitimate forms of alternative care.
You cannot tell the public of chiropractic's successes. You cannot not tell the public of our hundred + years of case studies, outcomes, histories and research. None of it is good enough for the "chiropractic experts" of the FTC or the FTC itself. To them, chiropractic is public enemy number one.
I am not making this up. These people are very serious. The FTC could do what the AMA could not. You are not safe. They could have gone after anyone; I was just first on their list. The noose is around all our necks. We will all hang separately, unless we all hang together. I can no longer fight this Goliath alone. I need your help. We need to win; defeat will ultimately destroy our profession. Please, please help us now.
Please send donations, legal and other questions to:
National Institute for Science, Law and Public Policy
1424 16th St., NW suite 105
Washington, DC 20036
1-800-510-0151
Fax: 202-265-6564
Jimturner@laywer4u.com
All contributions will be accounted for and handled in a proper legal manner. We need $500,000 immediately. Our attorneys are $400 hour, please help pay as many hours as you can. In addition if 1,000 D.C.s can pledge on their credit cards $40.00 per month ($10.00 per week = one legal hour plus fees) we can fight this up to the Supreme Court. Without your help we will all go under.
Sincerely,
Tedd Koren, D.C., President
TKOREN1@aol.com
Our profession has never faced attack by a federal agency before, with the full power that agency has. You communication will be regulated by the FTC, you can face severe penalties ($10,000 fine, per day, per occurrence) for violating FTC regulations if you, even unwittingly, mislead the public that people can be helped with any health problem other than low back pain. And so far, the FTC has not even told us which type of low back pain they'll permit us to mention to the public. Please, let us hang together.
We need 1,000 Doctors of Chiropractic to pay for at least one hour of legal fees per year. Since legal fees are around $400 per hour, plus expenses, this can be met by 1,000 doctors giving at least $40.00 per month via credit card donation. Every month your card will be automatically charged. The total cost of this lawsuit could run to millions. The upside is that Chiropractic's fight will affect all the alternative healing arts. We will get tremendous P.R.: CNN, Dateline, evening news. But more importantly, we will have struck a blow for health care freedom that can help signal the deal knoll of political medicine. But if we lose we face the gravest threat to the future of chiropractic ever. Is this worth $10.00 a week?
Sincerely,
Tedd Koren, D.C.,
Please send (tax deductible) donations, legal and other questions to the National Institute for Science, Law and Public Policy (or fax your CC# to them using this form):
National Institute for Science, Law and Public Policy
1424 16th St., NW suite 105
Washington, DC 20036
1-800-510-0151
Fax: 202-265-6564
Jimturner@laywer4u.com
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Tedd Koren, D.C., President
Koren Publications, Inc.
P.O. Box 665
Gwynedd Valley, PA 19437
215-699-7906
215-699-0845 (fax)
TKOREN1@aol.com