"Natural Health Counselor" Curbed
Stephen Barrett, M.D.
In 1991, the Illinois auditor general concluded that the state's Department of Children and Family Services was improperly paying for services by Ina J. Organ, an unlicensed "natural health counselor" who prescribed herbal and homeopathic products for hyperactive children. Organ's "credential"was obtained at a one-day session at the School of Natural Health in Utah, which trained distributors of products marketed by Nature's Sunshine, Inc., a multilevel marketing company. Organ's"diagnostic" methods included use of iridology, an Interro device, and a questionnaire that supposedly enabled her to spot Candida (yeast) infections. In 1993, Organ signed a consent judgment (shown below) ordering her to pay a $1,000 penalty, offer restitution to former clients, and refrain from (a) using an Interro device), (b) providing iridology, (c) making false representations that herbal or homeopathic products strengthen the immune system, (d) using a "Candida Albicans Questionnaire" or related materials, (e) using any other questionnaire purported to help diagnose or treat any human ailment, and (f) representing that hyperactivity is caused by food allergies or can be cured or mitigated by homeopathic or herbal products. She was also ordered to refrain from diagnosing or treating any human ailment unless she obtains a valid license to do so.
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL
MACON COUNTY, ILLINOIS
THE PEOPLE OF THE STATE OF ILLINOIS,
INA JUNE ORGAN d/b/a
Filed June 7, 1993
Plaintiffs, THE PEOPLE OF THE STATE OF ILLINOIS, on behalf of ROLAND W. BURRIS and JOHN LUMPKIN, M.D., Director of the Department of Public Health, by ROLAND W. BURRIS, Attorney General of Illinois, have filed a verified complaint for permanent injunction and other relief in this matter pursuant to the Illinois Consumer Fraud and Deceptive Business Practices Act (Ill.Rev.Stat. 1989, ch. 121 a/2, par. 261 et seq.) the Medical Practice Act of 1987 (Ill.Rev.Stat. 1989, ch. Ill, par. 4400-1 et seq.) and the Illinois Food, Drug and Cosmetic Act (Ill.Rev.Stat. 1989, ch. 56 1/2, par. 501, et seq.), charging defendant INA JUNE ORGAN d/b/a CREATIVE COUNSELORS with violations of section 2 of the Illinois Consumer Fraud and Deceptive Business Practices Act (Ill.Rev.Stat. 1989, ch. 121 1/2, par. 262), violations of section 3 of the Medical Practice Act of 1987 (Ill.Rev.Stat. 1989, ch. Ill, par. 4400 3 et seq.) and violations of sect i on 3.1, 3.2, 3.5 , and 3.18 of the Illinois Food, Drug and Cosmetic Act (Ill.Rev.Stat. 1989, 56 1/2 pars. 501.3, 503.2, 503.5, 503.18).
Plaintiffs, by their counsel, and defendant by her counsel, have agreed to the entry of this Consent Judgment by this court without trial or adjudication of any issue of fact or law.
1. This court has jurisdiction over the parties and subject matter of this cause of action.
2. The Attorney General is charged with the responsibility of enforcing the Illinois Consumer Fraud and Deceptive Business Practices Act, the Medical Practice Act of 1987, and the Food, Drug and Cosmetic Act. The Consumer Fraud Act proscribes unfair or deceptive acts or practices in trade or commerce. The Medical Practice Act of 1987 proscribes the practice of medicine without a license. The Food, Drug and Cosmetic Act proscribes the operation of adulterated devices, the advertisement and sale of misbranded drugs, and the dissemination of misleading advertisements.
3. The parties hereto consent to the terms of this Judgment without defendant herein admitting any of the issues of fact or law presented by the Complaint or the Verified Amended Complaint. Further, this Consent Judgment does not constitute an admission of any violation of the Illinois Consumer Fraud and Deceptive Business Practices Act, the Medical Practice Act of 1987, the Illinois Food, Drug and Cosmetic Act, or any other law, but defendant consents to the entry of this Consent Judgment for settlement purposes only and to clarify the proper activities relating to the sale of products and nutritional counseling in which she may lawfully engage.
IT IS ORDERED that the defendant, her successors, and assigns are hereby permanently enjoined from performing any of the following acts in the State of Illinois in connection with any commercial transaction:
A. Operating the electro-analysis (INTERRO) machine and providing the service therewith:
B. Providing the service of iridology;
C. Representing the INTERRO machine has the capability to determine whether an individual may have a medical problem or ailment and using these representations to solicit, advertise, offer to sell, and sell homeopathic and herbal remedies for the cure, treatment, or mitigation of human ailments which were allegedly determined to be present through the use of the INTERRO machine, prior to this consent judgment being effective;
D. Representing that water or other liquids "electromagnetized" by defendant's electromagnetic plate has certain special qualities which strengthen the body's immune system;
E. Representing that homeopathic remedies or herbal-based 'nutritional supplements have certain special qualities which strengthen the body's immune system except to the extent that the product complies with the provisions of paragraph K of this Order;
F. Using the "Candida Nutritional Support" informational sheet (Exhibit A) and the "Candida Albicans Questionnaire" (Exhibit B) or other similar written materials, or making oral representations based upon the contents of same written materials while soliciting, advertising, offering for sale, and selling homeopathic remedies and herbal-based nutritional supplements;
G. Using any questionnaires or written publications which instruct an individual on how to determine a human ailment is present and how to cure, treat, or mitigate same ailment, but nothing in this paragraph shall prohibit the use of any questionnaire concerning a person's general health concerns, diet, exercise or similar questions that provide background information not used for making any diagnosis or treatment of ailments;
H. Representing that a particular selection of homeopathic remedies or herbal-based nutritional supplements may cure, treat, or mitigate a certain human ailment except to the extent that the product complies with the provisions of paragraph K of this Order;
I. Representing that hyperactivity is caused by food allergies and can be cured, treated, or mitigated by the ingestion of catnip and fennel, or other homeopathic remedies or herbal-based nutritional supplements which serve to modify the diet;
J. Representing that herbal-based nutritional supplements that contain alcohol are safe for children; and
K. Soliciting, advertising, offering to sell, or selling homeopathic or herbal based nutritional supplements containing alcohol, which do not contain adequate warnings against use in the treatment of pathological conditions or by children where its use may be dangerous to health or against unsafe dosage or methods of duration or duration of administration or application in such manner and form as are necessary for the protection of users, unless the homeopathic remedy is formulated in accordance with generally recognized homeopathic principals and labeled, for over-the-counter sale, in accordance with the laws and regulations applicable thereto, as expressly set forth in U.S. Food and Drug Administration Compliance Policy Guide 7132.15, issued May 31, 1988 on the subject of "Conditions Under Which Homeopathic Drugs May Be Marketed", which is incorporated herein and made part hereof by this reference.
IT IS ORDERED that the defendant, her successors, and assigns are hereby permanently enjoined from diagnosing or treating human ailments unless defendant procures a valid license through the Department of Professional Regulation. Nothing in this Order shall prohibit any activity which is authorized or which is permissible pursuant to the "Dietetic and Nutrition Services Practice Act" (Ill.Rev.Stat. 1991, ch. 111, par. 8401-1, et seq).
IT IS ORDERED that the defendant, her successors, and assigns shall pay $1,000.00 in a voluntary contribution to the consumer education program of the Attorney General's Office within thirty (30) days' from the date this Consent Judgment is effective. This amount shall be made payable to the Illinois Attorney General Consumer Education Fund in the form of a cashier's check, certified check or money order.
IT IS FURTHER ORDERED that the defendant, her successors, and assigns shall issue refunds to those consumers requesting them within thirty (30) days of this consent judgment becoming effective. Defendant shall have ten (10) days to respond to a request and shall send the restitution to the Illinois Attorney General, Diane Hendricks, 500 South Second Street, Springfield, IL 62706.
This court retains jurisdiction over the parties and subject matter to enforce this Consent Judgment.
|June 7, 1993||s/Judge John L. Davis
|THE PEOPLE OF THE STATE OF ILLINOIS
by ROLAND W. BURRIS, and THE
PEOPLE OF THE STATE OF ILLINOIS
ex reI. JOHN LUMPKIN, M.D.,
Director of the Illinois Department of Public Health
|INA JUNE ORGAN d/b/a
ROBIN L. SCHMIDT
This page was posted on October 25, 2006.