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Class Action Suit Filed Against USPLabs Over DMAA

This was filed just a few days before Xmas, so it flew right under my radar…

From the complaint filed on Dec. 19 (courtesy of Courthouse News Service):

Plaintiff JOHNNIE PACHECO (“Plaintiff”), individually and on behalf of all others similarly situated, alleges the following on information and belief.

1. USPLabs LLC (“Defendant”) manufactures, markets and sells Jack3d and OxyELITE Pro (collectively “the Products”) as “Ultra-Premium supplements” that can provide “safe and effective” weight loss and muscle building. Defendant claim their Products are “University Studied” and that research supports the efficacy and safety claims about their products. Defendant also advertises the Products as “completely legal.”

2. In reality, both OxyELITE Pro and Jack3d contain an ingredient called 1,3-dimethylamylamine, often referred to as “DMAA.” The form of DMAA Defendant sells in the products is a synthetic form that is both illegal and dangerous. The statements about the Products’ legality, safety and efficacy are false and misleading, and the research relied upon by Defendant is inadequate and/or seriously flawed with regard to Defendant’s claims…

3. Defendant’s misrepresentations regarding the legality, safety and efficacy of Jack3d and OxyELITE Pro were designed to, and did, lead Plaintiff and others similarly situated (collectively the “Class”) to believe that these products were legal, safe and effective. Plaintiff and members of the Class relied on Defendant’s misrepresentations and would not have paid as much, if at all, for the Products but for the Defendant’s misrepresentations.

4. Plaintiff brings this class action lawsuit to enjoin the ongoing deception of thousands of California consumers by Defendant, and to recover the money taken by this unlawful practice.

This is right on the heels of another, similar lawsuit filed against BPI Sports.

More information on the case from Nutraingredients-USA here, here and here.

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More Acai Berry Settlements…

The FTC headline says it all: “FTC Permanently Stops Six Operators from Using Fake News Sites that Allegedly Deceived Consumers about Acai Berry Weight Loss Products.”

Alleged Fraudulent Affiliate Marketers will Surrender Assets under Settlements

Six online marketers agreed to settlements with the Federal Trade Commission that will permanently halt their allegedly deceptive practice of using fake news websites to market acai berry supplements and other weight-loss products.

… the FTC alleged that their websites were designed to falsely appear as if they were part of legitimate news organizations, but were actually nothing more than advertisements deceptively enticing consumers to buy the featured acai berry weight-loss products from online merchants. With titles such as “News 6 News Alerts,” “Health News Health Alerts,” or “Health 5 Beat Health News,” the sites often falsely represented that the reports they carried had been seen on major media outlets such as ABC, Fox News, CBS, CNN, USA Today, and Consumer Reports. Investigative-sounding headlines presented stories that purported to document a reporter’s first-hand experience with acai berry supplements – typically claiming to have lost 25 pounds in four weeks, according to the FTC complaints.

The proposed settlements impose monetary judgments in the full amount of the commissions the defendants received for deceptive marketing through their fake news sites.

Sigh…

It’s not difficult to throw together a credible-looking “news” report. So it pays to be wary… especially when a report contains links to internet-only supplement products being sold for hefty prices (seriously: NO over-the-counter weight loss supp is worth $70 – $100). Unfortunately, it takes a looooong time for consumer complaints to be investigated, and legal action taken to bring scammers to heel… so skepticism is your best defense against being ripped off.

 

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Dances With Fat: “Fashion Magazine Freakout”

Anyone who knows me knows that I can’t stand ”women’s” magazines. The models are all Photoshopped and the health/fitness info ranges from fluff to BS.

Which is why I loved this blog post, “Fashion Magazine Freakout,” by Ragen Chastain of “Dances With Fat.” It’s from a year ago, but this hardly matters… women’s mags certainly haven’t changed much in the last year.

I was standing in line at the grocery store irritated about all of the magazine covers that showed diets just like the month before that and the month before that. It hit me suddenly just how ridiculous it is to believe that these diets work if there is a new one (or three) on the cover of almost every women’s magazine every month.

I’ve done this too. In fact, when shopping with (one or both) of my kids, we make a point of getting into one of the “family hostile” lines* to pay, just so we can make fun of the magazines while we wait. I always find myself rolling my eyes at the myriad weight loss feature stories (breathlessly) advertised on the covers.

I started to wonder just how many weight loss messages I would received if (heavens forfend) I actually subscribed to one of these magazines for a year.

I chose Self magazine and a quick trip to Googleland got me all of the covers for 2010.

But I haven’t done this… it’s clever, no? Click over to check out the looooong list of different weight loss articles and tips that Ms. Chastain compiled for 2010. It’s totally ridiculous!

Her conclusions are spot on:

This is ridiculous. They’ve been publishing these same types of stories once per month since January 1979. Based on my year that means they’ve published about 1152 ways to be skinny, and they are just one of many magazines doing this.

…If this stuff actually worked then they would be out of the business of selling magazines.

Bingo.

 

*The store where we do most of our shopping, Fred Meyer, has “family friendly” checkout stations that are magazine-free. Thus, we’ve dubbed the normal stations, “family hostile.” ;-)

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The Healthy Skeptic on Herbal Sex Supps

Chris Woolston, “The Healthy Skeptic,” devotes this week’s column to herbal sex supps.

Do they work? Let’s just say that the experts he consults are skeptical…

Lue has studied the effects of horny goat weed on rats in his lab, and he’s familiar with the scientific literature on herbs for sexual enhancement. His take on whether any herbal libido products are worth a try: “I don’t know.”

A few specific ingredients do seem to have some sexual effects, Lue says, although not necessarily the effects that companies claim. He says horny goat weed works “like Viagra, only it’s not as powerful.” Viagra, a prescription drug, improves blood flow to the penis during arousal. But as Lue points out, it has never been shown to improve desire or arousal in the first place.

Ginseng, found in Steel-Libido Red, has a longstanding reputation for improving energy. But Lue says he can personally attest that it has no effect on libido. “My mother used to make me take ginseng whenever I got sick,” he says. “So I know.”

Dr. Rany Shamloul, a urologist at Queen’s University in Kingston, Ontario, says that horny goat weed and ginseng are the two best-studied ingredients found in libido supplements, and they’re also the most likely to be helpful.

As he wrote in a 2010 review article in the Journal of Sexual Medicine, horny goat weed does seem to improve sexual function — at least in animal studies. And although the jury is still out, he thinks the herb may help stoke desire in humans.

At any rate, it’s something to think about before buying a supp. There’s just not a lot of hard science (no pun intended) to demonstrate these supps work as claimed. Caveat emptor.

FWIW, the hubby has never used any branded sex supplement… but after looking into the topic a few years back, I suggested that – if he was curious (and he was) – he should give a standardized horny goat weed extract a try.

He did, and loves the stuff. Placebo effect? It’s possible, but since the 20% icariin extract from True Nutrition (formerly True Protein) doesn’t cost a leg and an arm, it’s not something we worry about. The only downside is that he has to cap the stuff himself, but that’s a minor issue. He doesn’t use it all the time, so 100 grams lasts for quite a long time.

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Two “Hoodia” Supplements Banned in 10 California Counties

Not only did the manufacturer of the supps in question make unsupported claims for Hoodia in its products… it also neglected to include the Hoodia at all!

According to a press release from the Santa Cruz County DA’s office:

Prosecutors from Santa Cruz, Napa, Alameda, Marin, Monterey, Orange, Santa Clara, Shasta, Solano, and Sonoma County District Attorney’s Offices, reached a settlement with Florida-based defendants GeoPharma, Inc., Breakthrough Engineered Nutrition, Inc., Mihir Taneja and Carol Dore-Falcone. Under the terms of the settlement the companies and individuals are prohibited from selling or delivering to California residents the dietary supplements called DEX-L10, Hoodia Gordonii DEX-L10, DEX-L10 Complete and/or Hoodia Gordonii DEX-L10 Complete, or any dietary supplement that states on the label that it contains Hoodia gordonii or that has Hoodia Gordonii in the name of the product, unless such product contains the amount of Hoodia Gordonii set forth on the label. The case began as an investigation by Santa Cruz County District Attorney’s office and was later joined in by other counties.

Continue Reading »

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The Physician’s Committee For Irresponsible Advertising Strikes (Out) Again

I’m about as sympathetic to vegetarians and vegans as it’s possible for a committed omnivore to be - an assessment that I think the vegetarian/vegan athletes I’ve advised over the years would agree with. If folks want to give up meat/animal products for health, ethical and/or environmental considerations, more power to ‘em. There are a lot of ways to eat healthily, and life is just too damn short to engage in “food fights.”

Alas, if only the so-called “Physician’s Committee for Responsible Medicine” was that reasonable. Unfortunately, like PETA, the group has decided that being publicly outrageous and offensive is the best way to ”sell” the general public on a vegan lifestyle.

How else to explain these Albany, NY billboards?

Funny, I’ve eaten cheese all of my life, and my abs/thighs don’t look like that!

There’s a simple reason for that, too: in the end, it comes down to total calories consumed, not the consumption of any one individual food. Overall, my diet isn’t particularly high in fat: my butter consumption is practically nil, I don’t eat fatty meats, use low fat dressings and condiments, and eat fried foods/desserts only rarely. As such, I see no reason not to include some cheese in my diet when I feel like it… for example, I love bleu cheese crumbles on salads; feta cheese in veggie scrambles/omelettes; fresh grated parmesan on pasta and – natch – thin slices of aged cheddar with fruit or rye crispbreads. I also enjoy cheesy entrees on occasion: enchiladas, homemade mac and cheese and even *gasp* pizza!

Point being, it’s just not as simple as “eat cheese —> get fat.”

Yes, cheese is fairly high in fat, so it’s an obvious food to restrict if you’re trying to cut back. But there’s no need to demonize it… particularly since there are so very many other ways to pack on the pounds! I seriously doubt that even the zealots at the PCRM are foolish enough to believe that scaring people off cheese alone would do anything useful.

The PCRM’s stated aim is to reduce the fat content in the lunches served in Albany schools. And according to the PCRM,

School lunches in Albany include an abundance of cheesy foods. The city’s high school menu, for example, includes dairy- and fat-loaded offerings such as chicken parmesan and lasagna with three different types of cheese. Cheese pizzas are available daily.

Fair enough – certainly it’s important to look at the number of calories the schools are serving up, and to consider ways to reduce them IF they’re excessive. But is this the way to go about it? Beyond being inaccurate, the PCRM is risking alienating many of the people that might otherwise agree with them (see here, here, here and here for examples).

Earth to Dr. Barnard: when even vegans think you’ve gone too far, it’s not a good sign. Seriously: billboards like these may call attention to your organization and its goals, but not in a good way.

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Mary Elizabeth Williams Speaks for Me

…concerning Paula Deen’s announcement that she has type 2 diabetes.

Deen meets the criteria for a perfect storm of risk factors. She turns 65 on Thursday; she admitted last fall she smoked a pack and a half a day. She will also deep fry anything, and I mean anything: macaroni and cheese, stuffing, even butter itself.  For years, she’s existed as the Keith Richards of cholesterol, seeming to survive solely on pork fat, powdered sugar and rum.

…But here’s where the story takes a turn more distasteful than a cheesy ham and banana casserole. Now Deen is jumping on board the health-advice bandwagon. Three batter-dipped years after her diagnosis — and after three years of silence about her condition — she’s teamed with diabetes drug maker Novo Nordisk to promote the company. She and her two sons, Bobby and Jamie, are appearing in a new campaign that includes “diabetes-friendly meals” and Deen’s genteel admissions that she’s walking more and cutting back on sweet tea.

…Deen knew she had diabetes for three years and still pushed doughnut burgers on her fans. Then she waited to tell people until she had an endorsement deal with a drug company. It’s hard to see that choice as anything but shabby.

Word.

I loathe celebrity gossip. The rich and famous don’t “belong” to their fans: they have the right to keep their health info (and other personal details) to themselves. Thus, under ordinary circumstances, I’d be 100% supportive of Deen’s decision to keep her condition to herself. But a celebrity chef is a horse of a somewhat different color, at least when it comes to developing lifestyle diseases like type 2 diabetes. Deen could have done her fans a service by being honest about her diagnosis at the time it was made; and by discussing ways to cook lighter, healthier meals at least some of the time. Doing it at the behest of a pharmaceutical company is about as cynical as it gets.

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Julie Goodwin: “A Broader View of Broader People”

I’m a member of the fitness community, so naturally, I work at staying fit, eating healthy, and keeping lean. Needless to state, so do most of the other trainers, nutritionists and “gurus” that I run with. Since we’re pretty disciplined, it’s easy to forget how much of a struggle it can be for others… which, in turn, makes it easy to pass judgment on those who seemingly don’t “measure up.”

That’s why I wanted to share “Master Chef” Julie Goodwin’s Jan. 8 post: “A Broader View of Broader People.” Ms. Goodwin was recently criticised for her weight by a gossip columnist for the Telegraph, and her response was an excellent reminder that you can’t (and shouldn’t!) judge a book by its cover:

…it fascinates me that my health can be commentated by someone who has absolutely no medical data on me (besides a picture of me in my swimmers – oh hang on, that’s not medical data).  Not my blood pressure, my fitness, physical strength, activity levels, stress levels, alcohol or drug consumption, genetic predispositions or socio-economic  circumstances – all of which contain health predictors*.  Even my weight is an unknown piece of medical data.  But then, there’s no point letting the facts stand in the way of a good sledging.
 
It is well and truly time that we stopped approaching health with a cookie-cutter mentality – as in, thinner = healthier, larger = unhealthier…Being thin and unfit has been found to more dangerous to health than being overweight but fit.**  We are simply not all made to be the same height, have the same eyes or teeth or hair, the same amount of muscle, the same intelligence, and on and on.  It is shallow to suggest that we are all the same in body type and only people who overeat and are lazy might be bigger than a magazine model.

Why did I get in my cozzies for New Idea (2nd Jan)?  I did it for all the little teapots out there – short and stout.  And for anyone else who feels judged critically by other people.  We should all be able to be comfortable in our own skin despite what uninformed media commentators write.  I celebrate the differences between people.  I try very hard not to judge people by the way they look – because nobody knows anyone else’s full story.

** http://www.nytimes.com/2008/08/19/health/19well.html This is one of many articles citing studies showing that being overweight but fit is healthier than being unfit and thin. Compelling reading for those interested in the facts.

Well said. Kudos to Ms. Goodwin for taking the high road. She’s a class act.

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NYC Health Dept. Keeps the Pressure On

Last year, New York City got some good news: childhood obesity rates dropped for the 2010 – 2011 school year. Although it’s too soon to call it a trend, the fact that they fell at all was taken as a sign that the city’s anti-obesity/health initiatives were having an impact.

Among those initiatives were some pretty hard-hitting ads from the New York City Health Department. The primary target of the department’s “Pouring on the Pounds” campaign was sugary drinks; and I thought the ads were pretty effective (this one’s my personal favorite). I guess I wasn’t the only one to think so: the ads made national headlines and spurred a lawsuit from the American Beverage Association.

Undeterred, the NYC Health Department is rolling out a new campaign – this time, targeting portion sizes.

The Health Department today launched a new hard-hitting ad campaign urging New Yorkers to be more aware of portion sizes – and how they have increased – when choosing what to eat or drink. The quantity of food served in a “medium” or “large” order is significantly greater today than in previous years. In the last 50 years, for example, the serving sizes of sugary drinks quadrupled and french fries nearly tripled. With a few casual selections, a single meal could balloon to contain many more calories than the amount an adult needs for an entire day.

…Most adults only need to eat 2,000 calories per day, and children need even fewer. But with Americans eating out more often than they did 40 years ago, staying within these recommendations has become more difficult. A beverage at a fast food chain has increased fourfold since 1955, from 7 ounces to 32 ounces. During the same time, french fry portions have more than doubled, from 2.4 ounces to 5.4 ounces. As a result, recent studies show that one-third of New Yorkers eating at chain restaurants consume more than 1,000 calories at lunchtime alone.

The new subway ads are well-designed, if blunt. Here’s a sample (click to enlarge):

There are more here, in both English and Spanish.

Naturally, the American Beverage Association doesn’t like these ads, either.

But the American Beverage Association, which represents sellers of sodas in cans and bottles and at fountains, countered that the health department was oversimplifying the connection between serving sizes and obesity.

“Portion control is indeed an important piece of the solution to obesity,” said Stefan Friedman, a spokesman for the association. “But instead of utilizing scare tactics, the beverage industry is offering real solutions like smaller portioned containers and calorie labels that show the number of calories in the full container, right up front, to help people choose products and sizes that are right for them and their families.”

Yeah, right. For the record, I’ll take the NYC Health Department’s “scare tactics” over the ABA’s “real solutions” any day of the week. As “Food Politics” author Dr. Marion Nestle puts it: “The Health Department’s campaign makes sense. Let’s hope it helps.”

Amen to that.

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Resveratrol Researcher Charged With Fraud

An internal investigation by the University of Connecticut has concluded researcher Dipak K. Das, PhD, committed 145 separate acts of “fabrication and falsification of data.” Dr. Das’s area of research is resveratrol – a compound found in grape skins and red wine (not to mention, a number of supplements). According to the UConn press release:

An extensive research misconduct investigation has led the University of Connecticut Health Center to send letters of notification to 11 scientific journals that had published studies conducted by a member of its faculty. Dipak K. Das, Ph.D., a professor in the Department of Surgery and director of the Cardiovascular Research Center, was at the center of a far-reaching, three-year investigation process that examined more than seven years of activity in Das’s lab.

“We have a responsibility to correct the scientific record and inform peer researchers across the country,” said Philip Austin, interim vice president for health affairs.

The investigation was sparked by an anonymous allegation of research irregularities in 2008. The comprehensive report, which totals approximately 60,000 pages, concludes that Das is guilty of 145 counts of fabrication and falsification of data. Inquiries are currently underway involving former members of Das’s lab; no findings have been issued to date.

As a result of the investigation the Health Center has frozen all externally funded research in Das’s laboratory and declined to accept $890,000 in federal grants awarded to him. Dismissal proceedings, in accordance with the University’s bylaws, are currently underway.

Dr. Das’s research helped to establish resveratrol’s reputation as an anti-aging and health nutrient.

Does this mean that there’s less to resveratrol than previously thought? One researcher quoted in “Retraction Watch” doesn’t think so.

But at least one resveratrol expert says the damage from the fraud on this particular area of research will be minimal. Nir Barzilai, of Albert Einstein College of Medicine, said he’d heard of Das but never met him. He noted that most of his admittedly vast list of publications seem to be in lower-impact factor journals, and that the field is strong:

There are many investigators who are working on resveratrol. That doesn’t mean we know the whole truth. But Rome wasn’t built on Dr. Das.

We’ll have to wait and see, I guess. It should be noted that Dr. Das denies the charges and claims that the university’s investigation was motivated by “prejudice within the university against Indian researchers.”

More info on the charges against Dr. Das at Medscape.

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“The Red Flags of Quackery”

I thought this was cute, so figured I’d share it (click to enlarge/view the original):

My fave quote  from the creator’s post (below the comic), explaining the different categories:

“Helps Your Body…”: I once met an Osteopath at a small gathering. I nearly bit my tongue off as she told me about how she “helps the body heal itself.” Which is a clever way of saying “I don’t do anything, but feel free to thank me when you get better. Toodles!” Also note that if your body was really “off balance” or needed help “removing toxins.” You’d be at a real doctor, not buying herbs at CVS, because your skin would be yellow and you wouldn’t be able to stand.

Even fitness writers/personalities who know better (or should know better) are spewing BS about “toxins,” because they know it sells. So this is a pithy way to describe how nonsensical this concept really is.

BTW, if you don’t get the reference to Burzynski – the author, Maki, explains in more detail in his post.  But the fact that it involves “antineoplaston therapy” for cancer perhaps tells you all you need to know. As the saying goes, “if it looks like a duck, walks like a duck and quacks like a duck…”

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Acai Scammers Fined $1.5 Million

Last year, I made note of a court order suspending sales of certain acai berry supplement products. The defendants were making over-the-top, unproven weight loss and “detox” claims, offering phony “free trials,”  and – of course – adding unauthorized charges to customers’ credit cards.

In other words, it was one of those acai berry scam operations we all know and loathe.

At any rate, the case has now been settled. The folks in charge of “Central Coast Pharmaceuticals” et al., will be liquidating assets to pay a $1.5 million fine. In addition, the settlement also prohibits the defendants from…

  • making deceptive statements that there is no cost for a trial purchase; that all consumers who request full refunds will get them; that celebrities such as Oprah Winfrey and Rachael Ray endorse their products; that consumer testimonials reflect typical consumer experiences; about the total amount consumers will pay; or about any other material fact regarding any goods or services sold by the defendants;
  • failing to make adequate disclosures about the material terms and conditions of any offer;
  • charging consumers’ credit cards, or debiting their bank accounts without their consent;
  • making any claim that a product can diagnose, cure, mitigate, treat, or prevent any disease, including cancer, unless the claim is approved by the Food and Drug Administration;
  • making any claim that a product can cause weight loss, unless the claim is supported by two well-controlled human clinical studies;
  • making claims about the health benefits of any supplement, food, or drug without competent and reliable scientific evidence, and misrepresenting any tests or studies;
  • making deceptive or false statements or failing to disclose material facts, to a payment processor or financial institution; and
  • violating the Electronic Funds Transfer Act and Regulation E.

Personally, I think these crooks are getting off cheap… they scammed consumers to the tune of $80 million! Still, it’s some justice – which is better than none.

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CSPI Claims Food Colorings are Deceptive

And I agree…

Tropicana Twister Cherry Berry Blast has no cherry juice. Nor does it have any berry juice. Despite the pictures of cherries and berries on the label, this drink gets much of its dark red color from the controversial dye, Red 40. The Center for Science in the Public Interest says that’s deceptive.

Betty Crocker Carrot Cake Mix has no carrots, as such. Instead, it has “carrot flavored pieces” made with corn syrup, flour, corn cereal, partially hydrogenated cottonseed and/or soybean oil, a small amount of “carrot powder,” unspecified artificial color, and Yellow 6 and Red 40. Most varieties of Mt. Olive and Vlassic pickles appear greener and fresher thanks to Yellow 5. Kraft Light Catalina Salad Dressing contains Red 40. And caramel coloring and cocoa darken Pepperidge Farm Pumpernickel Bread.

“Betty Crocker is certainly free to make virtually carrotless carrot cake, and Tropicana is free to make berryless and cherryless juice,” said CSPI executive director Michael F. Jacobson. “But consumers shouldn’t have to turn the package over and scrutinize the fine print to know that the color in what are mostly junk foods comes from cheap added colorings.”

FWIW, I don’t have a problem per se with the pickle and salad dressing examples… IMHO, it’s one thing to improve the appearance of condiments; but quite another to imply that a product contains “real food” ingredients that it does not, in fact, have.

Seeing a bright red color and pictures of fruit on a label strongly imply that the Tropicana product is 100% fruit juice, rather than 10%. Seeing orange “carrot” bits in the Betty Crocker ”Carrot Cake” imply that real carrots are used in the recipe. And caramel colors used in bread imply that they’re made from whole wheat/whole grain flours.

That’s seriously deceptive. It’s not just that the products look better or fresher… it’s that they’re disguised to look more nutritious and higher quality than they are.

As such, I agree with CSPI’s petition to the FDA. Hopefully, the agency will take it seriously.

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Dukan’s Dumb Idea

I haven’t written much about the Dukan Diet, primarily because it’s a hybrid of the old Stillman and Atkins diets.  In other words, it’s not very original. I imagine it works, just as its predecessors did. I also imagine that it suffers from the same issues that plague other rigid, exclusionary diets too – relatively low compliance and (eventual) weight regain. I haven’t seen any peer-reviewed data to suggest otherwise.

Basically, I see it as last-season’s-popular-diet, which will soon be replaced by next-season’s-popular-diet.

But I guess Dukan doesn’t see it that way… methinks the book sales and celebrity endorsements have gone to his head. He’s publishing another book – but it’s not a diet book. He’s aiming higher than that, it seems. According to Yahoo News, it’s called “An Open Letter to the Future President.” Dukan’s new opus concerns governmental policies to reduce the prevalence of obesity. While it hasn’t been officially released yet, Dukan sent advance copies to all 16 candidates running in France’s presidential election.

One of Dr. Dukan’s policy ideas, however, has been revealed… and it’s a real brainfart, IMHO. What Dukan wants the government to do, is add an “ideal weight” option to the baccalauréat, which would give students extra points towards their final examination scores for achieving or maintaining a “normal” BMI (between 18 and 25).

In US terms, this would be like giving students bonus points to their SAT or ACT scores for getting or staying at a normal weight. The French baccalauréat examinations are much more intensive and rigorous (it’s a national exam that encompasses 17 – 23 hours of written testing, plus oral examinations), but it performs a roughly similar function: students have to pass it in order to qualify for admission to any of the French national universities.

I think you can see the problem: one’s weight has nada to do with one’s academic achievements. Whether a student is fat or thin shouldn’t be a factor in test scores or university admissions. In addition, BMI was developed as tool for assessing populations, not individuals, so it’s a flawed standard to use.

Fortunately,the French health ministry isn’t very enthusiastic…

The French health ministry said it was “astonished at Dr Dukan’s strange proposal that is unknowingly physically discriminatory”.

“The health problems of adolescents are sufficiently serious not to be taken lightly. The same goes for the bac(calaureat). It’s a test of skills and knowledge, not of health,” said a spokesman.

Indeed. There are better ways to teach students about health and nutrition; and to incentivize healthy behaviors. If this is an example of Dukan’s thinking, I’m glad I didn’t waste my time on his diet book/program.

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Actions Speak Louder Than Words

The state of Georgia has a new – and controversial – ad campaign about childhood obesity.

What’s controversial about it? This ABC News vid gets to the heart of it:

video platformvideo managementvideo solutionsvideo player

Georgia has one of the highest childhood obesity rates in the US. Supporters say it’s “…a crucial first step” and  “…necessary to spark a conversation.”  On the flip side, critics charge that it stigmatizes fat kids; could increase bullying; and fails to offer any real solution.

Who’s right?

Personally, I’m siding with the critics. For me, it’s ultimately about results… and it would seem that Georgia’s approach doesn’t quite jibe with other successful public health campaigns:

But certain variations of the ad may not be doing much to fix the problem, some experts argued. They pointed to one print ad, in particular, that says, “It’s hard to be a little girl if you’re not.”

“While guilt and fear are motivators, they have to be meted out with the answer to the situation,” Labbok said. “The ads with the children do not offer help to them.”

According to health communication experts, successful public health campaigns offer a clear call to action. Labbok says the Georgia ads address the problem, but don’t give viewers a clear solution.

…”There is no mention about what a parent can do other than to say ‘stop sugarcoating the problem,’” said Dr. Lori Feldman-Winter, professor of pediatrics at the Robert Wood Johnson Medical School.

The ads do direct viewers to the Children’s Healthcare of Atlanta web site, “Strong4Life.” But there’s not much inspiration there… I don’t think I’ve seen a more pallid list of recommendations. Here’s a sample:
Continue Reading »

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A New Year… and a New Gimmick

Since weight loss is a traditional new year’s resolution, I wasn’t surprised to stumble over news of a new weight loss gimmick today: the Quantum Scale.

What’s so gimmicky about a scale? Basically, it’s a scale that… DOESN’T actually measure your weight, on the assumption that you can’t handle the truth. Instead, it measures only weight changes. Gizmodo explains:

The first time you step on the $78 Quantum scale it registers your weight, but still keeps it a secret from you. And after that it simply gives you a plus or minus reading depending on if you’ve gained weight since your last reading, or lost some.

Admittedly it’s not the easiest way to tell if you’re making weight loss progress unless you’re keeping tabs on your up and down measurements on a daily basis. But if you’re dedicated to the cause, it should make the morning routine of weighing yourself a bit less dreadful.

In other words, you get the privilege of forking out $69 (current US price, inc. S & H) for a scale that only gives you relative (vs. absolute) information. Even worse, only one person can use it at a stretch (since multiple users would mess up individual measurements). And unlike a regular scale, it can’t be used (in conjunction with caliper measurements, natch!) to give you any sense of how your overall body composition is changing.

Lastly, of course, since the measurements/calculations are hidden, how can you even tell if they’re accurate?

Wow… how. very. useful. (sarcasm intended)

And ya gotta love the sciency-sounding hokum used to pitch the thing:

“Quantum theory states that what you observe has a direct affect on how you feel and how you feel has a direct affect on everything else in your life.

By removing the negative observation of your actual weight, the quantum scale allows you to start your day with the positive reinforcement you need to meet your weight loss goals. The feeling of accomplishment The Quantum Scale creates will have a positive effect on everything else in your day.

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Good Stuff in the LAT Today!

The LA Times posted three useful articles today. Rather than just pick one to highlight, I decided to run with the lot!

1. “In Your Face Fitness: All You Need is Love.” This lengthy article is my man James Fell’s take on the UltimateFatBurner.com mantra: “if it sounds to good to be true, it usually is.”

Perhaps you’ve made New Year’s resolutions that have something to do with fitness. If so, it helps to remember that there are no quick fixes. There is no such thing as easy.

Americans spend more than $40 billion a year on weight-loss products and services, and, according to the Federal Trade Commission, much of this stuff is bogus. A 2007 FTC survey of consumer fraud determined that Americans were more likely to be taken in by weight-loss scams than by any other type of fraud and that 4.8 million people were victims that year. Survey respondents stated that 20% didn’t even use the product, 34% lost no weight and 28% lost just a little weight.

This year, fine-tune your male-bovine-droppings detector. You can’t feel the love for a lie.

I’ve always liked Fell’s stuff, as he pulls no punches about what it really takes to get – and stay -  in shape. And the most important factor, IMHO, is time. It takes time to establish new habits; to build up your strength/endurance; to find workouts/exercises you enjoy; and to find sources of information you can trust. You’re more likely to be successful if you approach fitness as – in Fell’s words – “… a gradual, incremental progression toward awesome.”

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Happy New Year!

zwani.com myspace graphic comments

 

I’m NOT making any resolutions this year (same as last year, and the year before that, lol).

In the Elissaverse, it’s ok to make healthful changes on any day of the year. Calendar dates are arbitrary: there’s nothing magical about January 1. ;-)

Take care and stay safe tonight! C’ya next year!

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DOD Pulls DMAA Supps from Military Commissaries

Methinks the clock’s ticking on workout stimulant products containing DMAA…

12/28/2011 – WASHINGTON (AFNS) — The Department of Defense has implemented a temporary moratorium on the sales of products containing DMAA within military facilities.

…Recent reports show that two Soldier deaths and additional adverse health effects in other service members may be related to the use of dietary supplements containing DMAA, which is also known as dimethylamylamine.

“We support the decision of the Military Exchanges and Commissaries to remove products containing DMAA from their shelves until we can make a further determination about the safety of this ingredient,” said Dr. Michael Kilpatrick, the deputy director of Force Health Protection and Readiness Programs with the Office of the Deputy Assistant Secretary of Defense for Force Health Protection and Readiness.

…”We are concerned about reports of heat illness, kidney (and) liver damage, and sudden death in service members who reportedly used products containing DMAA,” Kilpatrick said.

The Assistant Secretary of Defense for Health Affairs Jonathan Woodson asked the surgeons general of the military services to conduct a review of available scientific evidence and adverse event reports to better understand any potential relationship between DMAA and these events. Recommendations from this review will guide further decisions, officials said.

(via naturalproductsinsider.com)

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Frito-Lay Sued Over “All Natural” Claims

“All natural” is a BS claim in general, so I’m not surprised to see another food company being sued for it.

According to the complaint (available from Courthouse News Service), Frito Lay is engaging in deceptive advertising by claiming that its Tostitos and SunChips products are made with “all natural” ingredients.

But Tostitos and SunChips products are not made of “all natural” ingredients. Each of the products that are the subject of this action contain corn and vegetable oil as their main ingredients…But the corn and vegetable oils (including corn, soybean and canola oils) are made from genetically modified plants and organisms (“GM” or “GMO”).

Monsanto Company, a global agricultural company that pioneered GM seeds, defines GMO on its website as food with its “genetic makeup altered to exhibit traits that are not naturally theirs… As more fully alleged below, a recognized defining characteristic of genetically modified foods is that they are not natural.

The reasonable consumer assumes that seeds created by swapping genetic material across species to exhibit traits not naturally theirs are not “all natural.” Tostito’s and SunChip’s advertising is very likely to deceive consumers, and has deceived Plaintiff.

The plaintiff, Julie Gengo, is hardly the first to object to labeling GMO foods as “natural.” For example, Cornucopia.org’s new report on “natural” cereals makes a similar point:
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