NC threatens to send blogger to jail; says he needs a license to advocate dietary approaches

State Threatens to Shut Down Nutrition Blogger: Nutrition board says he needs a license to advocate dietary approaches

The North Carolina Board of Dietetics/Nutrition is threatening to send a blogger to jail for recounting publicly his battle against diabetes and encouraging others to follow his lifestyle.

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.”

Steve Cooksey has learned that the definition, at least in the eyes of the state board, is expansive.

When he was hospitalized with diabetes in February 2009, he decided to avoid the fate of his grandmother, who eventually died of the disease. He embraced the low-carb, high-protein Paleo diet, also known as the “caveman” or “hunter-gatherer” diet. The diet, he said, made him drug- and insulin-free within 30 days. By May of that year, he had lost 45 pounds and decided to start a blog about his success.

But this past January the state diatetics and nutrition board decided Cooksey’s blog — Diabetes-Warrior.net — violated state law. The nutritional advice Cooksey provides on the site amounts to “practicing nutrition,” the board’s director says, and in North Carolina that’s something you need a license to do.

Unless Cooksey completely rewrites his 3-year-old blog, he could be sued by the licensing board. If he loses the lawsuit and refuses to take down the blog, he could face up to 120 days in jail.

The board’s director says Cooksey has a First Amendment right to blog about his diet, but he can’t encourage others to adopt it unless the state has certified him as a dietitian or nutritionist.

The craziness never seems to end.

Why aren't more people outraged by examples such as this one, where the state seems to decide for everyone else what information we may be entitled to receive?

:shk:

Disgusting example of the nanny state mentality.

reply to post by loam


If he isn't charging for the advice then it isn't 'counseling'... it's simply a freely available body of information. If I were him I would take them to court and argue they are suppressing my right to free speech. There are plenty of blogs which give free legal advice but do you see them being harassed? All he needs to do is put a disclaimer on his website stating he isn't licensed (if he hasn't already) and he shouldn't have a problem. There's nothing wrong with putting free information into the public domain.

If he isn't calling himself "an expert" or charging for his services, they can do nothing but make is life complicated. This is the "freedom of speech" we all treasure. Everyone is entitled to an opinion, even if it is wrong (that includes incendiary and politically incorrect speech as well...even hate speak.. If you don't like, don't listen, tune them out or turn the station.)

The "speech police" need to go back to Russia, China and North Korea. They are not welcome here anymore.

I don't have to like what someone has to say, but they are entitled to it through the Constitution. Any laws or legislation that attempts to impede on those rights are illegal.

i agree he should fight the intrusion.
he is not selling his information or "practicing" nutrition anymore than any other human on the planet.
apparently, according to his success, he has nearly perfected his nutritional needs, how can anyone claim he's "practicing" anything ??
he performed the practice on himself BEFORE he blogged about it.

some large food corporation or business thought they might start losing customers, so they filed a formal or secretive complaint with the state. when i start to research anything, i always begin with this...."follow the money"...it cuts done on a lot of nonsense and wasteful time.

Checking out his site, this is what he says:

In case you did not know… This blog and I are being investigated by the NC Board of Dietitians due to egads!!! …

I tell people to eat like I do!!!! …without a license!! Horrors!!!

Here’s my story if you don’t know it… I’m just a formerly obese, formerly insulin and drug dependent Type 2 Diabetic… who has normal blood sugar… and I’m drug and insulin FREE!

Note 1: Every single person that ‘eats like me’ or similarly improves health markers… every single one.

The point? … no one is ‘hurt’ by following my food recipes nor the meal plan I follow.



Note 2: Here is a link to the NC Law I am violating, “GUIDELINE A_6“. I still, to this day have not read it… maybe I will some day.

Note 3: If you look on the emblem you see that the board was formed in 1992. Since they were formed, obesity and diabetes has skyrocketed in the state, the nation and the world. But yeah… don’t let me hurt someone …..




Facts

Fact #1- I attended a nutritional seminar January 12, 2012. I spoke up against the normal deceptions and falsehoods that cause diabetics harm.

Fact #2- Someone took offense to my statements, found me on the internet and reviewed my site. They then reported me to the North Carolina Board of Dietitians.

Fact #3 - I received a phone call from the director of the State Board of Dietitians. To be fair and honest… she was very nice, polite and informative.

However…. She stated that I, as a non-licensed person could provide NO dietary or nutritional advice… period. It makes no difference if I am giving the advice away or if it’s for a fee.

She also stated that having a ‘diabetes menu’ and or ‘diabetes meal plan’ was the equivalent of providing nutritional advice and was against the regulations.

Fact #4 - She stated that the full “complaint board” would review my site and provide a written review of the investigation, hopefully by the end of this month, January. She added that even IF convicted, it would only be a misdemeanor but typically these cases end without litigation, if the person agrees to change their behaviors or websites.


Official Investigation Review

Before reading the review note:

1) My site had a disclaimer page but it was not on the ‘front page’, it was in a menu. It has since been made visible on every page.

2) I agreed to take down the ‘Diabetes Support” page. It’s a page few people new about, I did not ‘promote it’ but people could become my client and I would assist them doing what I had done, for a fee. My earnings were meager and I left the link up there just in case someone wanted my assistance.

As many of you know… I provide much more support… absolutely free.

I mention all this because you will see a reference in the review document (below) that it was not taken down. I removed it from the menu and in my error, I thought that was enough but the ‘link’ was still live. Someone would have had to know the full web address of the link to access it… and trust me, I was not earning enough money to even pay for site maintenance… it’s not a big deal to remove.



So … without further delay … here is the official investigation review link. ( Website_Review_Cooksey_Jan._2012)


What Now?

I need your help … if you know of an attorney who would help me with this … please have them contact me.

Thank you!

Link.

Amazing.

So much for the "free" thing.

:shk:

How ridiculous! This is an example of how our Constitutional rights are quietly being eroded. Perhaps he needed to preface each blog and statement with "I am no expert, but this worked for me" and not a single thing could have been done as that would clearly be an opinion based on personal experience and THAT is our Constitutional right.

I worry about things like this. Every few days, some legislation somewhere quietly slips into the books that takes something from us and we generally don't even know it happened.

How many people would have known about H.R. Bill 347 if someone had not brought it forward? Not many at all.

But I agree with the guy. Big food processors and dietary supplement corporations are intentionally 'fattening us for the kill" and when someone points it out they get their right to speak about it slapped down.

Scary times folks. If you don't think we are being dumbed down, fattened up, divided and silenced...well...what are you smoking and will you share?

reply to post by loam

However…. She stated that I, as a non-licensed person could provide NO dietary or nutritional advice… period. It makes no difference if I am giving the advice away or if it’s for a fee.

What... that is a clear constitutional violation. Think about all the other areas where this same absurdity could be applied:

• Business Advice
  
• Computer Advice
  
• Legal Advice
  
• Money Advice
  

And the list goes on and on. Just imagine if it were impossible to find any free information related to any of those topics and you were forced to pay licensed indoctrinated mainstream status quo morons to get your information.

In fact, ATS has countless threads concerning health and nutrition... such as how to cure cancer and a range of other sicknesses using alternative diets/treatments. According to their absurd reasoning those threads are illegal.

oooops, hit wrong reply button ... this was supposed to address loam
same comment Chaotic Order responded to
reply to post by ChaoticOrder

I and every mother on the planet would call that "wishful thinking", as WE are the first nutritionists for all new human life forms / with or without professional guidance.

unfortunately, i read the above posting and i have to confess, some of his wording can certainly be held against him. in everyone's best interest, the author should revise his statements to better reflect his achievement and leave it at that.
examples:

Every single person that ‘eats like me’ or similarly improves health markers… every single one.

this, is absolutely false ... some ppl have allergies and this must be considered.
i just read a story recently about a boy who is allergic to food, period.
this dietary plan most likely would not work for him.

no one is ‘hurt’ by following my food recipes nor the meal plan I follow.

unless provable, absolutes are seldom acceptable.

I still, to this day have not read it… maybe I will some day.

as this was my very mistake, i hope he doesn't continue to repeat it.

while he should have every right to share his experience, that right ends when he leads others into potential harm with his commentary. "i achieved this balance and so can you" is one thing ... "i achieved this balance and so can everyone" is not the same thing.

also, many ppl have other contributing health issues that his particular diet might aggravate, he doesn't disclose any risk, any potential harm or conflicting conditions and that's not good for everyone.

Welcome to America Hunty!

He's not in big phrama's pocket so he must be squashed.

If he provides links to a medical site quoting what he writes then they have no case. Alternatively visit a UK site regarding medical matters regarding diabetes www.diabetes.co.uk...

Another round in the attack on the freedom of the internet. This is intended to scare people into shutting up. Notice how stories are increasing?

Military men being dishonorably discharged for expressing an opinion on Facebook, people being investigated for organizing protests through Twitter, people being shut down at the request of Hollywood CEO's... For every one person they publicly harass, arrest or investigate, another 100 become too scared to speak out.

They are using people as examples in an attempt to silence and gain control of the only free media we have left. This might only be a dietary blog, but it will be used as an example of how "dangerous" the internet is without government control.

This is happening in the USA, the UK (remember the racist who has been locked up, lost his university degree and his future career for a drunken idiotic rant?) and all over Europe. Spain is now trying to pass laws criminalizing even peaceful protest and organizing!

This is so ridiculous. I just want to scream.

What the hell is up with the individuals that make up this board (or other entities like them) who collectively decide to oppress the individual rights of others? It's like humans are incapable of organizing without eventually turning tyrannical.



This is the dumbest thing I've ever read. Does this mean no diet books not authored by licensed nutritionists can't be sold in NC that are otherwise sold nationwide? How is that not censorship? Same thing, IMO.

Originally posted by antonia
Welcome to America Hunty!

He's not in big phrama's pocket so he must be squashed.

That is so the TRUTH...
I have read quite a bit about that diet and it was the way Humans were ment to live
It doesnt really surprise me that they threatened to shut him down.. lots of money
involved in the "diabetes" research.. and those doctors that push the needless drugs.