HERBAL HEALER ACADEMY INC.
  
 

HHA & ARKANSAS ATTORNEY GENERAL SETTLE LAWSUIT IN PEACE

Folks, those are the headlines we all hoped and prayed for. On April 29th, HHA reached a peaceful agreement with the Arkansas Attorney General's office over the lawsuit that they had filed back in August 2002. Business will remain as usual as well as all the courses for the Naturopath program. Here are some of the highlights of the settlement edited so they are easier to understand.

  1. We have agreed to not use the term Doctor, ND, Naturopathic Doctor, or Naturopathic Physician on any written material including the Catalog, Internet, etc., pertaining to courses or to Marijah McCain while doing business in the State of Arkansas. The Naturopathic Course will stay the same, however, we are not permitted to put Naturopathic Doctor on the certificate. We will put Naturopath. Understand that this does not stop the graduate from being board certified as a Naturopathic Doctor with the ANMA once they have graduated from HHA. So really nothing has changed there.

  2. Practice of Medicine - McCain and HHA shall not diagnose, suggest, recommend, prescribe, or administer forms of treatment, or healing for the intended relief, or cure of physical disease, ailments,injuries, or conditions, while using the title "doctor of naturopathy" or "naturopathic physician," or use the abbreviations "Dr.","MD", "N.M.D.", and N.D.", in connection with said defendants name or likeness so as to indicate that said defendant is a medical or naturopathic doctor, except in jurisdictions wherein McCain is licensed or otherwise allowed to practice using those titles. Same thing goes for selling products using the above titles and abbreviations. All printed media must have the doctor, ND, etc. removed by June 1, 2003. What is allowed is all of McCain's credentials may be listed outlining McCain's certifications and licenses and the printed use of the word Naturopath after her name, while doing business in Arkansas.

  3. HHA & McCain further agrees not to knowingly place on any Internet websites controlled by them or knowingly facilitate or assist others on their websites any false statements concerning this litigation or the Office of the Arkansas Attorney General.

  4. Monetary Provisions - HHA & McCain have paid the State $10,000 to be deposited into the Consumer Education Fund and shall be held in trust by the AR. Attorney General for uses directly related to the A.G.'s consumer protection efforts.

  5. The State acknowledged by its execution hereof that this Consent Decree constitutes a complete settlement and release of all claims alleged by the Plaintiff in State vs HHA & McCain, et. al CV2001-8480, with respect to all claims, cause of action, damages, costs, and penalties which were asserted prior to the Effective Date. The State agrees that it shall not proceed with or institute any civil action or proceeding, including but not limited to an action seeking restitution, injunctive relief, fines, penalties, attorney's fees, or costs, for any business activities prior to the Effective Date which relate to the subject matter of the Plaintiff's Complaint.

  6. By entering into this Consent Decree, neither McCain nor HHA make any admission of liability as to any claims or practices raised by the A.G. in Plaintiff's Complaint or Petition for Primary Injunction.

  7. Nothing in this Consent Decree relieve McCain and HHA of its duty to comply with applicable laws of the State of Arkansas. Nothing herein shall be interpreted to prevent the State from taking enforcement action to address conduct occurring after the Consent Decree that the State believes is a violation of the law.

That is pretty much it. I would like to thank everyone who wrote, called, faxed and mailed letters to the AG's office. This made a huge difference in our opinion. Your support was overwhelming. We would also like to thank all of the HHA Members who stuck with us with your support to purchase our products in this time of turmoil, this has been a huge factor in being able to withstand the financial stress on HHA that this has caused. Estimated costs of this settlement to HHA so far is in excess of $90,000. The HHA Catalog has to be reprinted and the old catalog cannot be mailed out after June 1st, 2003. We still have 20,000 of them. Also all newsletters that had been printed in the past had to be discarded. All paperwork and printed material has to be redone.

McCain's comments: Understand that we were never found guilty of any charges brought against us. I had to make a very hard decision with this settlement. I chose to continue on and let them have the term doctor, as it is not that important in the larger "Heal the World" scheme of things. What is important is that we remain here to supply you with some of the best natural supplements and alternative health information available in the world. The estimated cost to fight this case all the way would have been in excess of $225,000.00. I will tell you this has been a great strain on us all here and has left us with a fierce determination to continue our upward battle to bring alternative medicine to its rightful place in the daily healing of people and pets.

HERBAL HEALER ACADEMY INC.
  

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