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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. - 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
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