Going to jail for blogging about your diet?

[SassyLady]

I am so tired of bureaucratic BS!



BLOGGER COULD BE THROWN IN JAIL FOR…WRITING ABOUT HIS DIET?



[*=left]Posted on April 25, 2012 at 11:59pm by http://www.theblaze.com/wp-content/uploads/userphoto/mytheosholt.thumbnail.jpg Mytheos Holt (http://www.theblaze.com/blog/author/mytheosholt)


It’s the sort of story you expect to come from a third world superstitious kleptopcracy – yet it happened here on American soil, in North Carolina, thanks to good old fashioned state-level bureaucracy. Reason Magazine brings us the bizarre and senseless story of a Steve Cooksey, a former diabetic who put himself on the popular “Paleo” diet and decided to tell the world about his experiences, only to have the North Carolina Board of Dietetics and Nutrition (yes, that exists)come down on him (http://reason.com/blog/2012/04/23/blogging-about-the-paleo-diet-can-get-yo):

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.


It’s a distinction only an embittered bureaucrat could come up with. So long as you just say a particular diet is wonderful, or worked for you, you’re fine, but if you actually tell people to use it, you’re supplying nutritional advice. Never mind that the implication of any positive review of a product is that someone should use it.

http://www.theblaze.com/stories/blogger-could-be-thrown-in-jail-for-writing-about-his-diet/


Be sure to read the entire article to see what else the bureaucrat has to say.

[DragonStryk72]

I am so tired of bureaucratic BS!




Be sure to read the entire article to see what else the bureaucrat has to say.

Do these guys just not get the point of "free" speech? Is it the free part that's messing with them? He is hurting no one, he's not only not putting himself up as an expert, but says on literally every page of the blog, which means, by definition, if we were talking about a law against suggesting politics, Jim would be able to be arrested for this.

[SassyLady]

It's creepy little bureaucrats trying to intimidate by using obscure regulations to fill the town/county coffers by fining people for everything they can think of.

[Noir]

I run a blog thats deals in part with veganism and animal rights, and idk how many messages and questions i've received from new/considering vegans on diet tips and health advice, certainly several dozen, guess i should be hauled off to jail asap xD

[darin]

..and I participate on a forum telling people to have Faith in God. I'm not a licensed minister, maybe i'll be in jail, too

[SassyLady]

Be careful...you might be breaking some obscure regulation. :slap:

[jimnyc]

I do agree with you guys, but let me play devils advocate for a moment...

You do need a license to be a dietician, or one who can legally give advice on how another should eat, at least as a professional. I even worked with a dietician once before myself. Giving bad advice to a stupid person could 'possibly' lead to them 'harming' themselves over the advice.

Now, what if a doctor OR a layman wanted to blog about medical health, and answer to any visitors questions about medical advice? Because if you "practice medicine", and do so without a license, that's a serious felony.

All I'm saying is that ya gotta be careful out there with what type of advice you give out and under what authority, or what others may believe as a result of your title. And it's not just the person giving the advice that needs to be careful, but also their employers and jurisdictions they live within, as those are the others that would be co-defendants in a massive lawsuit if someone should have a fatal response to any "advice" given.

Now before you hit that reply button, remember, I already said I agreed with those who have spoken thus far. But in my peanut brain, I can see people out there saying "well, if it's ok for this person, then why can't someone who has a shitload of medical knowledge do the same" - they can't, at least not if they don't want to be prosecuted for practicing medicine without a license. And then those people cry foul "Why can't I do this, when we have this guy over here dispensing what can be perceived as medical advice?"

[Noir]

My uncle runs a blog promoting pedophilia, and he isn't a priest, i guess this toffee-nosed bureaucrat wants him locked up too!

[jimnyc]

My uncle runs a blog promoting pedophilia, and he isn't a priest, i guess this toffee-nosed bureaucrat wants him locked up too!

Dude, I hope you're kidding! LOL

But even if you weren't, which I know you are, there apparently wouldn't be a license needed to dispense medical pedo advice. But I think the legal repercussions, at least here in the States, would be much harsher than a few days in the clink.

[Noir]

I do agree with you guys, but let me play devils advocate for a moment...

You do need a license to be a dietician, or one who can legally give advice on how another should eat, at least as a professional. I even worked with a dietician once before myself. Giving bad advice to a stupid person could 'possibly' lead to them 'harming' themselves over the advice.

Now, what if a doctor OR a layman wanted to blog about medical health, and answer to any visitors questions about medical advice? Because if you "practice medicine", and do so without a license, that's a serious felony.

All I'm saying is that ya gotta be careful out there with what type of advice you give out and under what authority, or what others may believe as a result of your title. And it's not just the person giving the advice that needs to be careful, but also their employers and jurisdictions they live within, as those are the others that would be co-defendants in a massive lawsuit if someone should have a fatal response to any "advice" given.

Now before you hit that reply button, remember, I already said I agreed with those who have spoken thus far. But in my peanut brain, I can see people out there saying "well, if it's ok for this person, then why can't someone who has a shitload of medical knowledge do the same" - they can't, at least not if they don't want to be prosecuted for practicing medicine without a license. And then those people cry foul "Why can't I do this, when we have this guy over here dispensing what can be perceived as medical advice?"

Indeed, as Dara O'Briain (a comedian) said, 'Be careful, dietitian is a legally protected term, nutritionist isn't. Dietitian is like Dentist, and nutritionist is like toothiologist. I could call myself a nutritionist, and i would be an incredibly popular nutritionist, people would come from miles around to hear me say "ah come on, you look fine, lets go for a pint" '

[SassyLady]

I believe the diet he is blogging about is already an accepted diet. He is just telling people what works for him. In my opinion no different than someone telling everyone what their exercise routine is. What if someone tries the same exact routine and hurts themselves...should you be held liable?

[fj1200]

I do agree with you guys, but let me play devils advocate for a moment...

It would depend on how you present yourself IMO. If you present yourself as an expert with no licensing/education to back your opinions with then the state may be in the right if the profession clearly requires registration. If it's about your experiences with xxx diet then I would imagine it's a speech issue.

[jimnyc]

It would depend on how you present yourself IMO. If you present yourself as an expert with no licensing/education to back your opinions with then the state may be in the right if the profession clearly requires registration. If it's about your experiences with xxx diet then I would imagine it's a speech issue.

That's what I was getting at. I honestly haven't seen the blog. But if you present yourself as a working professional in the field, then people may take you as giving professional advice. I wouldn't, not from a blog, but there's a lot of loonies out there.

[jimnyc]

I believe the diet he is blogging about is already an accepted diet. He is just telling people what works for him. In my opinion no different than someone telling everyone what their exercise routine is. What if someone tries the same exact routine and hurts themselves...should you be held liable?

If you claimed to be a fitness trainer with a degree in "blah blah blah", and someone gets hurt as a result of following advice, that person could conceivable be held liable.

These people offering any advice should just do as as anonymous, and definitely not tout their "professional" opinions or label things to give the impression they are dispensing their professional opinions. We live in a litigious world and people have sued successfully for much less!

[Mr. P]

How bout THIS one?


Once again, spring is the time not only for flowers but for the renewed controversy over Louisiana's unique law requiring florists to pass a floral arrangement test to earn a state retail florist license.

The perennial political issue, which has sprouted in the courts and in spring legislative sessions in the past, is being brought back to light this season by the libertarian Institute for Justice (http://www.ij.org/), which filed suit against the state Tuesday in a New Orleans federal court on behalf of local unlicensed florists seeking to have the law declared unconstitutional.

Critics of the law say it is an unnecessary and unfair requirement that compromises civil liberties and free market competition, while proponents claim the test upholds a high professional standard that other states would do well to emulate.

A federal court ruled against the Institute in a similar suit five years ago, and there is no sign yet of an initiative to change the law during the legislative session that begins March 27.

http://www.nola.com/politics/index.ssf/2010/03/florist_licensing_requirement.html

[SassyLady]

Aaaaaarrrrrgggggghhhh!!!!!
Who is next?

Car wash attendants?

Personally I think grocery store baggers should pass some type of test and be licensed. They always pack my bags too heavy and then they rip. Should be a law against wasteful use of grocery bags...hard to reuse if ripped!

[ConHog]

Aaaaaarrrrrgggggghhhh!!!!!
Who is next?

Car wash attendants?

Personally I think grocery store baggers should pass some type of test and be licensed. They always pack my bags too heavy and then they rip. Should be a law against wasteful use of grocery bags...hard to reuse if ripped!

Again, mixed feelings here. Take the auto repair industry for example. Makes me sick to see people giving "advice" online when they clearly have no clue what they are talking about, and some people end up believing them and putting themselves in potential danger by taking their bad advice..........

[SassyLady]

Again, mixed feelings here. Take the auto repair industry for example. Makes me sick to see people giving "advice" online when they clearly have no clue what they are talking about, and some people end up believing them and putting themselves in potential danger by taking their bad advice..........So, if your neighbor suggested you do something on your car that he used and worked for him should be held liable if it didn't work for you? Isn't he giving you advice. He doesn't claim to be expert..and neither did the blogger about the diet.

[Mr. P]

Again, mixed feelings here. Take the auto repair industry for example. Makes me sick to see people giving "advice" online when they clearly have no clue what they are talking about, and some people end up believing them and putting themselves in potential danger by taking their bad advice..........

LMAO! Most auto repair shops on the street (even dealerships) are like that and after the needless repairs, THEY charge you for it! What do ya pay online for the same "advise"?