The Young Turks lose it over the election

November 20, 2016 • 1:31 pm

It’s no secret I’m not a fan of The Young Turks (TYT) show. I guess I just lost interest when Cenk Uygur went after Sam Harris in a long (3 hours!) and deeply unfair interview, not admitting that he’d consistently distorted Harris’s words. I also see the show as exemplifying the smug and arrogant form of Regressive Leftism that I deplore.

Yet the show is incredibly popular, perhaps because it has a young vibe to it, and is both news and editorializing at once: a sort of humorless edition of Jon Stewart’s old “Daily Show”.  TYT’s election night coverage got 4.5 million viewers—a record for them—over a nearly 12-hour broadcast. (If you want to see the whole thing, go here). You can see some highlights of it below in a 26-minute distillation.

I can sympathize with the commenters in one sense: over the 26 minutes in this video you can see certainty—the certainty that Clinton would win—dissolve into anger, rage, and then vitriol towards those who voted for Trump. While I never shared the vitriol part, I, too, was certain (but dead wrong) that I’d wake up and find that we’d elected Clinton. And over the night (well, the day, as I was in Hong Kong), my stomach got queasier and queasier as the election returns came in.  This video shows that shift of emotions very clearly.

What I don’t like about it, however, is that vitriol: the nastiness and the dead certainty that those who voted for Trump were ignorant, racist morons. (I shared the sick feeling of loss, but never the rage.) That misses the underlying dynamic that drove this election: whatever it was, it was more than a bunch of idiots and racists—KKK supporters some said—who simply wanted a President who shared their bigotry.

Now this video seems to have been made by someone who doesn’t like TYT (viz., nasty interpolation at 21:15), but that doesn’t matter. What bothers me is the kind of smug, dismissive attitude toward our opponents that will hinder us Leftists from regrouping and having substantial political power. For if we get that power, we must appeal to a wider audience and, if we can’t share some of the values of our opponents, at least find some common ground with them and concentrate on the problems of all the dispossessed, disadvantaged, and deprived.

Here are a few cringeworthy moments from this excerpt.

2:09 Aida Rodriguez says that people don’t like Hillary Clinton simply “because she has a vagina”. (Repeats this claim at 13:41, saying that Clinton lost “because she was a woman”).

8:59  Cenk has a tantrum about the Democratic Party: he says he’s at “war” with it for allowing Clinton to be defeated by a bigot. (Wasn’t he in favor of Hillary?) Later he calls them “fucking morons.” Cenk, I’ve discovered, has a lot of repressed anger (see here and here).

14:53: Ana Kasparian says that women who voted for Trump are “fucking dumb”, and says, “I’m losing my mind tonight because of how stupid the majority of the country is.”

19:20: Rodriguez calls the people criticizing her on Twitter “motherfuckers” and gives the camera two middle fingers

19:33: Kasparian addresses those whom (she thinks) voted for Trump because they don’t like affirmative action. She says, “Affirmative action is not the reason you failed in life. You failed in life because you fucking suck! Because you’re a loser!”

23:08: The team turns on Hillary, starts blaming her for the loss.

And, though I’m no prude, I don’t like the pervasive swearing. Like ever other display of petulance and rage, it’s unprofessional. I really don’t know why people are so attracted to this show.

Templeton sponsors accommodationist “ads” in Smithsonian Magazine

November 20, 2016 • 10:45 am

Two days ago I was beefing about an “article” in Smithsonian Magazine in which physicist (and believer) Sylvester James Gates was interviewed about physics, and at the end espoused a harmony between science and religion. Here’s the masthead:

screen-shot-2016-11-20-at-8-42-42-amI wrote a critique of that piece, concentrating on Gates’s answer to the last question, “In science, both mathematics and physics play large roles in describing and probing the earliest stages of our universe. But some people view the question of where our universe came from as the sole domain of faith or religion. What do you think about how science and faith are often pitted against each other?“.  I found Gates’s accommodationist answer lame—indeed, almost incoherent.

I took that piece to be a genuine article in Smithsonian, but it wasn’t. It was, as readers Darren and Taz noticed, as I didn’t, “sponsor content”; I simply didn’t notice this bit over the title:

screen-shot-2016-11-20-at-8-40-36-am

Let me enlarge that little stuff at the upper right:

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So what we have is a Templeton-funded ad (euphemism: “sponsor content”) masquerading as an article. (Note as well that only the last of eight questions to Gates has anything to do with the ad’s title!) So I’ll apologize for accusing Smithsonian itself for publishing an article promoting accommodationism, and chastise myself for missing the fact that the piece was an “ad”. But my criticism of the contents of the piece stands, and I still think the ad was designed to look like a real article—just like this other Templeton-funded “sponsor content” promoting the compatibility of science and religion (click to go to the article):

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That interview was also conducted by Summer Ash. So what we have is two Templeton-sponsored ads in Smithsonian Magazine, both espousing harmony between science and religion, with both interviews conducted by a writer who describes herself like this:

I’m the Director of Outreach for Columbia University’s Department of Astronomy.

I’m also a freelance science writer and communicator. My work has been published in The AtlanticSmithsonianNow. SpaceScientific AmericanSlate, and Nautilus.

Note that Ash’s Smithsonian link is to another Templeton sponsored “ad”, and that Nautilus magazine was started and is sustained by grants from the John Templeton Foundation: over two million dollars in the last two years.  It’s not clear who’s paying Ash, since she’s listed with “smithsonian.com” under her name. My guess is Templeton, but it’s a bit unclear.

Reader Taz also ferreted out Smithsonian’s editorial guidelines:

As members of the American Society of Magazine Editors, Smithsonian.com adheres to the guidelines set forth by ASME; you can read the full guidelines here: http://www.magazine.org/asme/editorial-guidelines, which contain the following points:

  • Every reader is entitled to fair and accurate news and information

  • The value of magazines to advertisers depends on reader trust

  • The difference between editorial content and marketing messages must be transparent

  • Editorial integrity must not be compromised by advertiser influence

  • Marketer-provided content, including native advertising, should be prominently labeled as advertising, and the source of such content and the affiliation of the authors should be clearly acknowledged. The term “Sponsor Content,” already in use on some websites, can be used to label native advertising.

  • Native advertising should include a prominent statement or “What’s This?” rollover at the top of the advertising unit explaining that the content has been created by a marketer and that the marketer has paid for its publication

  • Native advertising should not use type fonts and graphics resembling those used for editorial content and should be visually separated from editorial content.

I suppose Smithsonian has adhered to these guidelines, but I still object to the ads. Now the onus for the tripe emitted by Gates falls not on the magazine itself (though I think they could have rejected these ads), but on the John Templeton Foundation, which continues its relentless and misguided campaign to show that religion and science are compatible. Templeton now inserts into Science magazines ads that, I claim, are deliberately designed to look like articles. Though they’re labeled as “sponsor content,” they at least fooled me—and I bet other people as well.

What I find odious about all of this are two things. First, that Templeton continues to pay huge amounts of money to persuade scientists that religion is not at odds with science, though it is in several ways (see Faith versus Fact). The organization has claimed to me that I misrepresent it, implying that they’re more engaged in promoting science than pushing accommodationism. And yes, they do promote science, but their main aim, which seems unchanged, is to promote religion and science together as a Happy Package.

Second, I find it disturbing that the Director of Outreach for Columbia University’s Department of Astronomy is making bucks on the side promoting science and religion for Templeton. Were I an member of Columbia’s Astronomy department, I’d be a bit miffed by this, for it besmirches the pure science produced by that group.

A fan of homeopathy writes in

November 20, 2016 • 9:30 am

After I posted yesterday’s article about the U.S. Federal Trade commission setting stringent new standards for advertising homeopathic medicines (the FTC made the reasonable request that the manufacturers of this stuff provide evidence that it works), I got one comment from a reader named Brenda, which I decided to put above the fold. Here’s the comment in situ, and the contents are below (spelling as in original):

Brenda

Surely people have the right of choice. R u trying to brainwash people by telling them your way is the only way. I am 50 + and never resort to alopathy, except on two occasions when it was literally forced upon me by people with your idealogy. For two whole days thereafter I suffered with nausea, dizziness and headache, as a result of this. Homeopathy on the other hand has served me very well for 50+ years. Thank you.

I have informed Brenda both by email and after her comment that I’m posting it here, and invited her to respond to any reader’s comments or questions. By all means ask her what you wish. But remember: snark and sarcasm are unlikely to make anyone reconsider their beliefs.

 

Readers’ wildlife photographs

November 20, 2016 • 8:30 am

I’m back in Chicago, so it’s time to start sending me your wildlife photos: the tank is getting a bit too low for my comfort. Thanks!

Today I’m putting up the final installment of naturalist/biologist/photographer Lou Jost’s photos from the Tambopata Research Center in Peru. His notes are indented. I especially love the decoy spider in the first photo, which is a bizarre but lovely form of mimicry—mimicry based on natural selection molding a spider’s behavior to build a huge replica of itself in its web.

Back in 2012 Jerry posted about a newly-discovered Peruvian spider that builds a model of  a much bigger spider in its web:

The discovery was made at the Tambopata Research Center, where I was staying a few weeks ago. One night we were late getting back to the lodge, and navigating by headlamp and moonlight. I noticed what I thought was a big spider in its web, but no, it was the fake spider construction that I had read about here four years ago! I think it had not been seen for a long time, since the guides got excited about it. The model in this web was not as perfect as the one in Jerry’s article, but it was still unmistakably serving as a fake spider. I think it is not a decoy but a scarecrow, functioning to scare away small birds that might eat the real spider. Small birds can be prey to big spiders, and this fake one looked plenty big enough to take a small bird.

Fake spider with its maker:

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I also found a real giant orb-weaver. The sight of this would also have given pause to a foraging little bird…

BIG orb weaver, not fake

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Another nasty creature out that night was the “bala (bullet) ant” or “conga ant” [Paraponera clavata], whose sting is famously one of the most painful of any insect. These ants liked to sit at night on the handrails set on steep parts of the trail, made of thick climbing rope. Our guide Fernando helpfully warned us not to touch the handrails, and he was right.

That’s thick climbing rope. The ant is huge:

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Here’s a video about the ant, which shows people in agony after bullet ant stings. It’s been described not only as the worst pain inflicted by an insect, but the worst pain ever. I recommend watching it!

There were also innocent things at night. I think this may be a morpho caterpillar, almost as beautiful as the adult.

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My favorite group of insects, the membracid treehoppers, were very active at night. These were mating until I disturbed them.

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There was also a katydid with a funny head and a pretty face, and a sleeping lizard whom we awoke. [JAC: These were unidentified, so if you know the species, weigh in below.]

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Sunday: Hili dialogue (and Leon monologue)

November 20, 2016 • 7:55 am

It’s Sunday, November 20, and that means it’s National Peanut Butter Fudge Day. I must admit I like that confection, but it’s far inferior to maple-walnut fudge, which itself is inferior to a good chocolate fudge (very different from what they call “fudge” in the UK). It’s also Universal Children’s Day and the anniversary of the wedding of Queen Elizabeth and The Duke of Edinburgh.

On this day in history, Beethoven’s opera “Fidelio” premiered in Vienna (1805), the Nürnberg trials began in Germany (1945), the Cuban missile crisis ended in 1962 (I well remember the fear I felt when my Army-officer father told our family, at its beginning, that he may have to deploy elsewhere; war was a very real possibility then), and Microsoft Windows 1.0 was released in 1985.

Notables born on this day include Robert F. Kennedy (1925), Dick Smothers (1939), and Bo Derek (1956; she’s 60 today). Those who died on this day include Leo Tolstoy (1910) and Robert Altman (2006). Meanwhile in Dobrzyn, Hili is frustrated with the weather. Look at that face!

Hili: It’s raining.
A: I see.
Hili: But it’s raining harder and harder.

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In Polish:
Hili: Deszcz pada.
Ja: Widzę.
Hili: Ale on pada coraz mocniej.

In nearby Wloclawek, the Dark Tabby is in a conundrum:

Leon: To get up or not to get up; that is the question.

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And a lovely tw**t from Life On Earth (sent by Grania); I am SO jealous of the keeper:

https://twitter.com/planetepics/status/800190186034343937

Finally, reader James Blilie from Minnesota sent a short video taken from his home:

About 45 minutes of a recent sunset compressed into about 5 seconds. 30-second period for each frame. Taken from our back deck.

United Airlines screws everyone

November 19, 2016 • 2:30 pm

Several venues, including Fortune and PuffHo, report that as of January, customers flying in the cheapest seats on United Airlines will no longer be able to put their luggage in the overhead bins, but will be restricted to carry-on items that fit below the seat. Since United already charges $25 to check a bag, this automatically puts most passengers trying to economize out by $25, for who can go away for a week with only what fits under your seat?

The “no overhead bin” fares won’t be cheaper than present economy fares; they’ll be the same. You’ll have to pay more for the privilege of choosing your seat and stowing your gear overhead. As Fortune reports:

United, the No. 3 U.S. airline by passengers carried, said customers who bought its cheapest fares would not be assigned seats until the day of departure, meaning people on the same ticket may be split apart.

United will also prohibit these travelers from carrying on bags that can only fit in overhead bins, and they will not accrue miles toward elite status.

The company expects the moves to add $4.8 billion to its annual operating income by 2020, although the figure does not include rising wages.

Fare initiatives such as “basic economy” will account for $1 billion of this, as more customers pay to check bags or select higher fares that give them two “free” carry-ons.

“Free” carry ons my tuchas! Who do they think they’re fooling? And, in PuffHo, you can read the pathetic excuses that United gives, trying to make it seem that the passengers are benefiting from this avarice:

“Customers have told us that they want more choice [!!!!] and Basic Economy delivers just that,” Julia Haywood, United’s chief commercial officer, said in a news release.

The boarding process will also be faster because fewer customers will be searching for overhead bin space, United said.

Chicago-based United said it would begin selling the no-frills fares in the first quarter of 2017 for travel starting in the second quarter. Prices will be comparable to low fares it now charges for the economy cabin, but with more restrictions.

Do we look like we just fell off the turnip truck, United? The airlines I use most frequently are United and Southwest, and I have many frequent-flyer miles on each one. But if United pulls a stunt like this, I can’t say I’m going to remain a loyal customer. Southwest gives you two checked bags for free, has SNACKS, and loyal customers like me get drink coupons periodically. And if you buy a ticket and have to change it, you don’t pay any fee; all your money is saved for a future Southwest flight or used toward your new ticket.

If you want to complain to United Airlines, you can use the form here. I’ve already made a complaint.

Nick Cohen pins some blame on liberals for Trump’s election on the Regressive Left

November 19, 2016 • 12:40 pm

Several commenters on the Internet have blamed the Regressive Left (RL), for contributing to Trump’s victory, asserting that working-class whites, who were Trump’s major supporters, were turned off by the identity politics of liberal young people and Regressive Leftists. This thesis appeals to me because I despise the RL’s hypocrisy and arrogance and would love for Trump’s victory to have one salubrious effect—that of dissolving the RL. But as a scientist and skeptic, I am wary of supporting theses that emotionally appeal to me, and I’ve always doubted whether white working-class Americans even read anything by RLs, including feminists and liberals who support oppressive Muslim ideology.

Yet the RL-created-Trump idea is adumbrated by the estimable Nick Cohen in this week’s Guardian, in a piece called “If liberals want to stop the right winning, we must change.” He first blames Democrats in general for running a poor candidate, one who didn’t appeal to the white working class:

If we were just talking about the United States, we could concentrate on the shocking irresponsibility of the Democratic party in running an establishment candidate in a country that was sick of the status quo. It is bizarre to see people who condemn cultural appropriation engage in political appropriation. But maybe US leftists are right to think that a portion of Trump supporters were secretly on their side and a more radical Democrat would have won them over.

Unfortunately, this is not just an argument about the wretched Clinton campaign. Not only in America, but across the democratic world, liberals and leftists are becoming used to waking up in the early hours and learning that they have lost. Again. They did not expect the Conservatives to win the British general election or the British to vote to leave the EU. They didn’t see Trump coming. They won’t see Le Pen coming. Poland may be the future. In a country that had a centre-left government within recent memory, not one member of the Polish parliament now calls himself or herself a social democrat or socialist. Debate is between the internationalist right in opposition and the authoritarian nationalists in power. Theirs may be our future too.

To suffer such calamitous defeats and not feel the need to change is to behave as irresponsibly as the US Democratic party. It is a myth that Trump and Brexit won because of overwhelming working-class support. Nevertheless, they could win only because a large chunk of the white working class moved rightwards. Debates about how to lure them back ought to reveal the difference between arguing with and arguing against your fellow citizens, which most middle-class leftists have not even begun to think about.

Here I think he’s right. I never was a huge supporter of Hillary Clinton, though I voted for her (and stop blaming me for being tepid in that support!), and the Democrats simply didn’t have an appeal to populism. It’s also true that many Americans who voted for Trump previously voted for Obama, probably because Obama offered hope for the working class, and indeed tried to provide it through initiatives like Obamacare. (Ironically, many of those who voted for Trump were voting for the elimination of their own healthcare).

But then I think Cohen goes too far in blaming the Regressive Left on the calamitous US election as well as the calamitous UK Brexit vote:

You can only argue against committed supporters of Trump. If they believe all Mexicans are rapists and Muslims terrorists, you cannot compromise without betraying your principles. Fair enough. But before you become self-righteous you must accept that the dominant faction on the western left uses language just as suggestive of collective punishment when they talk about their own white working class. Imagine how it must feel for a worker in Bruce Springsteen’s Youngstown to hear college-educated liberals condemn “white privilege” when he has a shit job and a miserable life. Or Google the number of times “straight white males” are denounced by public-school educated women in the liberal media and think how that sounds to an ex-miner coughing his guts up in a Yorkshire council flat. [JAC: have a look at those links.]

Emotionally, as well as rationally, they sense the left, or at least the left they see and hear, is no longer their friend. They are men and women who could be argued with, if the middle classes were willing to treat them decently. You might change their minds. You might even find that they could change yours. Instead of hearing an argument, they see liberals who call the police to suppress not only genuine hate speech that incites violence but any uncouth or “inappropriate” transgression.

For too many in the poor neighbourhoods of the west, middle-class liberals have become like their bosses at work. They tell you what you can and can’t think. They warn that you must accept their superiority and you will be in no end of trouble if you do not.

Cohen offers two solutions, both involving abandoning RL tactics:

There are times when your opponents must be defeated, whatever the cost. Defeating them today involves nothing so violent as necessary murders. Thinking about class, not instead of but along with gender and race, would be a step forward. Realising that every time you ban an opponent you prove you cannot win an argument would be another. I do not doubt history will look back on 2016 and say “alas”. But it will not pardon defeated liberals who never learned that to win they had to change.

And here he’s partly right and partly wrong. RL speaker bans and identity politics that exclude class as a factor may have played a very minor role in both Brexit and the Trump victory; buit the real solution involves in running liberals who have a solid program to help the working class. After all, such a platform is the historical basis of liberalism, but has been abandoned in favor of Clintonian appeals to the rich and to the upper middle class. She had nothing to say to the working class except vague pieties, and while Trump had nothing substantial to offer them either, he represented an alternative, however odious, to the “rich people’s politics” of Hillary Clinton. Remember how much money Clinton made by giving speeches to Wall Street Banks. That was not going to instill confidence in the poor that she was on their side.

Any working class person who voted for Trump probably wasn’t thinking, for Trump is also rich, favors the rich (as does his party), and his pandering to the working class was largely an appeal to prejudice and nativism. But it was still an alternative to the status quo. We, the Left, need to offer something tangible to the poor, both black and white, and not just demonize Republicans or sneer at working-class whites, people who are generally seen by RLs as racist and sexist—and therefore unworthy of consideration.

FTC debunks homeopathy; medical water on the way out

November 19, 2016 • 11:00 am

When I was in Hong Kong, I drove to the Literary Festival Dinner (a fantastic Chinese banquet) in a van with four educated, well-off, and well-traveled women who were on the Festival’s board of directors. Once on our way, they all proceeded to go after me for saying, in my conversation on faith versus science, that Chinese traditional medicine was largely bunk, as was acupuncture.  They were incensed, maintaining that Chinese medicine had been scientifically tested many times (as had acupuncture), and that my statement was simply “ignorant.”  I was shocked and taken aback, particularly because I was their guest. But I regrouped and tried to defend myself, citing the studies of acupuncture showing that it didn’t matter where the needles were inserted (there are specific points for specific ailments) or even whether the needles were inserted; sham and non-insertion acupuncture is no better than a placebo, which means the method doesn’t work as it’s supposed to. (Wikipedia gives a summary of the research with references; the upshot is that acupuncture is no better than a placebo, so the whole “system” with insertion points and so on is bogus.)  The women said I was simply wrong.

Those ladies also told me that Western medicine is largely a sham, that it overtreats patients (sometimes true, but irrelevant when compared to TCM), and that Western (I prefer “scientific”) doctors ignore real cures that work (e.g. dubious cancer treatments) because those doctors are committed to enriching themselves, and don’t want to use cheap but effective treatments.

Further, as I mentioned in an earlier post, traditional Chinese medicine (TCM) was criticized by four young Hong Kong doctors in a conversation with me after my tale. The medics agreed that they often had to repair the damage caused by TCM because it was either harmful or (more often) delayed treatment, leading to the death of patients who could have been saved.

TCM involves all kinds of remedies that have not been tested and on first principles seem dumb, like using deer penises to remedy male sexual disorders, snake soup, the “cooling versus warming” effects of foods, and other products that are not only useless, but harmful to wildlife (bear paws, tiger parts, rhino horn, and so on). There may be some TCM remedies that do work (after all, a goodly percentage of scientifically tested drugs are derived from plants), but I know of none that have been tested the right way: double-blind research on patients. Even the National Center for Complementary and Integrative Health—the woo-laden branch of the National Institutes of Health whose job is to test “alternative medicine”—and has not, so far as I know, found any of it useful—describes TCM like this (read the whole page):

Is It Effective?

  • For most conditions, there is not enough rigorous scientific evidence to know whether TCM methods work for the conditions for which they are used.

What I learned from that brief ride between bookstore and restaurant was that educated, cosmopolitan, and affluent Chinese people (I count Hong Kong residents as Chinese) can nevertheless fall prey to a form of faith: faith-based and untested medicine. This is something I didn’t deal with in Faith Versus Fact, and should have, for it’s another one of the dangers of faith—even if that faith isn’t religious.

This is all an introduction to another form of ineffective medicine: homeopathy. Most of us know the theoretical basis for this treatment (treat symptoms of illness with a substance whose ingestion can mimic the symptoms) and the “remedies” it inspires (pure water, said to contain some property inspired by the homeopathic substance, which has been diluted out completely). Both of these, as well as empirical tests, show that, like acupuncture, homeopathy is at best a placebo, and at worst can hurt people by delaying proper science-based treatment. Yet homeopathic medicines are sold in many places, including Whole Foods and Target, which should be ashamed of themselves. The Davis Food Coop in California, where I used to shop, is loaded with expensive, dumb, and useless homeopathic remedies. And, I’m told, you can even find some at CVS, though I haven’t seen them there.

Now, in a great move, the Federal Trade Commission (FTC) has issued a statement on homeopathic remedies, an enforcement policy for how to deal with those remedies (see overview of enforcement policy here), and a 24-page brochure describing how homeopathic drugs are advertised and how consumers perceive this advertising. The upshot: homeopathic remedies, to be advertised and sold as useful for a condition, must have been scientifically tested, just like regular pharmaceuticals, to determine their efficacy. Here are a few statements from the overviews (emphases are mine):

The Federal Trade Commission today announced a new “Enforcement Policy Statement on Marketing Claims for Over-the-Counter (OTC) Homeopathic Drugs.” The policy statement was informed by an FTC workshop held last year to examine how such drugs are marketed to consumers. The FTC also released its staff report on the workshop, which summarizes the panel presentations and related public comments in addition to describing consumer research commissioned by the FTC.

The policy statement explains that the FTC will hold efficacy and safety claims for OTC homeopathic drugs to the same standard as other products making similar claims. That is, companies must have competent and reliable scientific evidence for health-related claims, including claims that a product can treat specific conditions. The statement describes the type of scientific evidence that the Commission requires of companies making such claims for their products.

. . . You’ll want to read the Enforcement Policy Statement for the full story – it’s short, but packed with detail – but it boils down to this: “Efficacy and safety claims for homeopathic drugs are held to the same standards as similar claims for non-homeopathic drugs” and there’s no basis for treating them differently under the FTC Act.

What are those standards? We’re thumbnailing it here, but according to the FTC’s Advertising Substantiation Policy Statement, if a company conveys that it has a certain level of proof, it must have “at least the advertised level of substantiation.”

If there’s no express or implied reference to a particular level of support, the FTC considers “the type of claim, the product, the consequences of a false claim, the benefits of a truthful claim, the cost of developing substantiation for the claim, and the amount of substantiation experts believe is reasonable.” For health, safety, or efficacy claims, companies need “competent and reliable scientific evidence,” a phrase defined in many recent cases. For claims that a product can treat a disease or its symptoms, that generally means well-designed human clinical testing.

For most OTC [over the counter] homeopathic drugs, the case for efficacy is based solely on traditional homeopathic theories, and not on studies applying current scientific methods. So claims that they have a therapeutic effect lack the reasonable basis required by FTC law, and therefore are likely misleading.

This, I think, is the death knell of homeopathic drugs, and perhaps we should start holding our pharmacies and ripoff companies like Whole Foods accountable if their homeopathic “remedies” are advertised as useful.

Is there any way out for the homeopaths? Can such remedies still be sold? The Enforcement Report gives only one way, but it requires severe qualification:

For the vast majority of OTC homeopathic drugs, the case for efficacy is based solely on traditional homeopathic theories and there are no valid studies using current scientific methods showing the product’s efficacy. Accordingly, marketing claims that such homeopathic products have a therapeutic effect lack a reasonable basis and are likely misleading in violation of Sections 5 and 12 of the FTC Act.14 However, the FTC has long recognized that marketing claims may include additional explanatory information in order to prevent the claims from being misleading. Accordingly, the promotion of an OTC homeopathic product for an indication that is not substantiated by competent and reliable scientific evidence may not be deceptive if that promotion effectively communicates to consumers that: (1) there is no scientific evidence that the product works and (2) the product’s claims are based only on theories of homeopathy from the 1700s that are not accepted by most modern medical experts.15

But even that comes with restrictions—restrictions that may ultimately make the marketing of homeopathic remedies illegal. See especially the bit in bold below:

Perfunctory disclaimers are unlikely to successfully communicate the information necessary to make claims for OTC homeopathic drugs non-misleading. The Commission notes:

• Any disclosure should stand out and be in close proximity to the efficacy message; to be effective, it may actually need to be incorporated into the efficacy message.

• Marketers should not undercut such qualifications with additional positive statements or consumer endorsements reinforcing a product’s efficacy.

• In light of the inherent contradiction in asserting that a product is effective and also disclosing that there is no scientific evidence for such an assertion, it is possible that depending on how they are presented many of these disclosures will be insufficient to prevent consumer deception. Marketers are advised to develop extrinsic evidence, such as consumer surveys, to determine the net impressions communicated by their marketing materials.

• The Commission will carefully scrutinize the net impression of OTC homeopathic advertising or other marketing employing disclosures to ensure that it adequately conveys the extremely limited nature of the health claim being asserted. If, despite a marketer’s disclosures, an ad conveys more substantiation than the marketer has, the marketer will be in violation of the FTC Act.

I’m not sure when this enforcement policy will take effect, but I think we should start pointing out this stuff to the purveyors of these ridiculous remedies.

Here’s a homeopathic “pain remedy” sold at Target. This packaging will soon be illegal:

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h/t: Stephen Barnard