https://www.tiktok.com/t/ZTFxS8UeJ/
This user appears on my TikTok feed all the time selling some product that she claims helps with acid reflux. As someone who has acid reflux, I have done a massive amount of research, and even read research papers and research studies on the subject to aid in my treatment of the illness. It’s a pretty serious illness, and it’s definitely not easy to treat or come up with a treatment plan, which is why there are so few medicines that are actually FDA approved for it…
But this lady is out here pushing her medicine claiming it’s a miracle cure to acid reflux. There are lots of these nowadays, not only on TikTok but on Facebook as well. People pushing these alternative treatments and making such ridiculous claims, half of them probably false.
What I want to know is this. Why is this legal in the USA? Surely there should be some sort of governing body that prevents people from doing this and makes it illegal to spread this kind of misinformation?
Because increase regulation on these people would also lead to increased regulation on larger corporations.
Oh no ! Please don’t infringe on my freedoms to poison people for profit!
Technically she didn’t make any medical claims. I think it’s legal because she could argue she didn’t make any specific medical claims, plus no government agency is going to find an individual worth their attention
pretty much been the path since reagan and self regulation (when there is any at all) and we have not even been feeling the effect from the roberts court.
The internet creates a bit of a whack-a-mole problem with this one. Reminds me of certain bracelets and other consumer products sold as emitting some sort of “negative ion energy” for health benefits. Testing found they had Thorium, and were significantly radioactive.
If I recall correctly the Dept of Energy got involved with that one. Since the products came from overseas, though, there’s only so much that can be done.
Yeah, here we go: https://pubmed.ncbi.nlm.nih.gov/34769689/
And, on whack-a-mole, when one vape import gets banned, another company starts right up doing a very marginally different chemical mixture and ships it out. They can say “well you banned X, but technically not X” and the whole process starts over.
That’s an issue of not letting oversight agencies have enough teeth. Not a “welp we’ll just never figure this one out I guess” type of situation. We’re not special and other countries have solved many of these problems.
We’re not special and other countries have solved many of these problems.
I really wish more Americans would understand this. We are looking at the results of several generations of constant bombardment of “American exceptionalism”. This is what happens when valuing the individual over the community becomes a core value of a society.
It’s not legal, it’s about enforcement. Perfect enforcement is difficult, and often lags years behind.
in the US, vitamins and supplements have a different regulatory requirement, very light. Basically can’t be poison. So you’ll often see many of these miracle cures sold, but when you read the box itself, it’s vitamin, it’s a supplement, it’s not designed to treat any specific condition.
At what point does the TikTok video go from simple marketing puffery into fraud? That’s a fun and difficult question
I am glad the regulators are slowly cracking down on homeopathics. Companies selling those placebos now have to publish disclaimers like this admitting that it’s BS:
https://homeoworks.com/disclaimer/
Not that it will stop a lot of people from buying homeopathics, but it’s a start.
It’s not legal, it’s about enforcement
It’s legal also. There’s an official homeopathic exception in medicine. For those who don’t know what that is, imagine taking 1ml of something (it doesn’t have to be medicine) and diluting it to 1% in a gallon of water and then taking 1ml of that and diluting it to 1% in another gallon of water, and repeating that ten or twenty or more times. That’s homeopathic “medicine”, it’s hokey bullshit and it gets a legal pass.
Just to add to the wonkyness: not only is the active ingredient not a medicine, in many occasions it’s actually the virus or bacteria or whatever caused the disease. This gets dilluted to the point where it’s extremely unlikely that even a single atom of the original brew is present. And then they claim that the resulting liquid has a memory of losing the ingredient such that it has the ability to remove new particles of that ingredient (or something like that).
It’s fantastically cartoonish and preys upon people who lack a certain understanding of logic.
Instead of trying to go after then for selling legal garbage, go after them for false advertisement when they tell you their fake medicine can do this, that, and give you a bigger dick.
