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Blogger could be thrown in jail for writing about Primal/ Paleo.. !!

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  • Blogger could be thrown in jail for writing about Primal/ Paleo.. !!

    Wow.

    Blogging About the Paleo Diet Can Get You Shut Down in North Carolina - Hit & Run : Reason Magazine

    This is 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. Steve Cooksey, a former diabetic who put himself on the Primal plan 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:

    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.
    Government over-regulation + CW: bad combination.

  • #2
    Isn't blogging about how a diet changed your life automatically encouraging it? It goes back to personal responsibility. If someone reads his blog they should realize it is just his experience, that he is not a doctor, and do their own research.
    Last edited by statikcat; 04-26-2012, 11:23 AM.

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    • #3
      It's less about content and more about the fact that he's running an unlicensed business by charging for advice without a license. I'm a small business owner and I used to have a personal blog. Quite a while back I blogged about how a business partner was making good money on the side in another business venture and how I was considering investing in it. Sure enough, several months later I got a call from the state revenue service inquiring if I was doing anything with that because if so, I didn't have the proper license in order to do that. They were VERY nice about it and sincere about the inquiry, but my point is that many states keep a tighter eye on what small business owners are doing than most people think.

      Anything that teeters on the edge of giving medical advice is dangerous, especially when there is a component to his blog/business that charges customers. The free advice will be viewed as advertising for the business side of the venture. And, it is a business. Even dieticians have to be registered for a reason.

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      • #4
        I guess I can see from that angle. I have seen a few sites from people without any license charging for "coaching" on a certain lifestyle. I wonder how gray a line there is when it comes to charging for things.

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        • #5
          I had to chuckle at this line:
          'The paleo diet--a passionate fad and/or lifestyle change of an enormous number of folk I know concentrated in the world's of libertarianism, futurism, space, and your basic "new digital economy" (does that still exist?) and the places where all those interests intersect--may or may not save you from diabetes, give you the pep you need, or revert you back down the evolutionary chain, or whatever it's supposed to do."

          since husband and I are Libertarian. I guess we "Paleo types" do tend to recognize that CW has lead us astray in more ways than just diet.

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          • #6
            This has been posted here at least twice already. Yes, it's kind of crazy. But their state requires you to be licensed to encourage the lifestyle changes he's encouraging. That's the way it is. Yup, state level bureaucracy.
            carl's cave

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            • #7
              Originally posted by carlh View Post
              This has been posted here at least twice already. Yes, it's kind of crazy. But their state requires you to be licensed to encourage the lifestyle changes he's encouraging. That's the way it is. Yup, state level bureaucracy.
              The problem is, can you apply those strict laws to internet blogging. The internet is not within North Carolina's jurisdiction. Just because you live there, does not mean you are violating laws there when writing whatever the fuck you please on the internet. The only thing he did that was wrong was to offer consultation for one on one consulting, IF this applied to other North Carolina residents. The state has no case otherwise.

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              • #8
                Just because you live there, does not mean you are violating laws there when writing whatever the fuck you please on the internet.
                I don't know if that's an accurate statement.
                carl's cave

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                • #9
                  It goes back to personal responsibility.

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                  • #10
                    Originally posted by carlh View Post
                    I don't know if that's an accurate statement.
                    You can't regulate the internet. The government can't even regulate the internet. It is an accurate statement.

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                    • #11
                      Yet the state of North Carolina doesn't shut this lady down? Ha! Double Standard.

                      Vegan Cooking and Nutrition Made Easy and Fun with the Vegan Coach

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                      • #12
                        Back when I first read this story, I went and read the regulation. The way I read it was that you couldn't claim to be a nutritionist without having a license. So as long as he puts some disclaimer that he is not a nutritionist on the website, he should be fine. I think the law was written to provide a professional standard to the title nutritionist - sort of the same way it is illegal to claim to be an MD and give medical advice if you don't have one. So either the law is being exploited here for a vendetta against this blog or something is getting over-hyped.
                        Using low lectin/nightshade free primal to control autoimmune arthritis. (And lost 50 lbs along the way )

                        http://www.krispin.com/lectin.html

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