Time to regulate the antivaccine liars out of existence, Part 1

Miracle-cureThis week, Dorit Rubinstein Reiss, Professor of Law at the University of California Hastings College of  the Law in San Francisco, guest wrote an article on this blog (and I’m grateful when she does) regarding the possibility of using the US Federal Trade Commission (FTC), whose principal mission is the promotion of consumer protection, to regulate or block antivaccine misinformation.

The process to request that the FTC investigate these individuals is relatively easy. And it’s time to change the discussion about vaccines, and make certain that those individuals who make money from lying about vaccines are blocked from doing so.

Pressure from pro-science/pro-vaccine on the Australian state of New South Wales led to an order that Meryl Dorey’s “Australian Vaccination Network (AVN)” must change its name since it “is likely to mislead the public in relation to the nature, objects or functions of AVN.” The core of the argument was that AVN was and continues to be strictly antivaccination, and it’s name seemed to imply it was something else. Continue reading “Time to regulate the antivaccine liars out of existence, Part 1”

Can FTC regulate anti-vaccine misrepresentations?

In a previous post, I discussed the proposal by Ms. Amanda Naprawa (Naprawa, 2013) to sue the tort of misrepresentation that causes physical harm against those spreading anti-vaccine misinformation, and under which conditions can that be done.

This article examines another tactic suggested by Ms. Naprawa, regulation by the Federal Trade Commission (FTC). This tactic is at once more limited and more powerful than the tort of misrepresentation. It is more limited, since the FTC’s power of regulating false speech is limited to commercial speech, and the decision to use it depends on the FTC, with individuals’ power to promote such action extremely limited. It is more powerful since individuals do not have to bear the costs of bringing a suit and proving the falsity, since it can be done before harms actually happen, and since it is a traditional power of the FTC that has been used in similar context in the past.

Maybe the FTC could regulate anti-vaccine misrepresentations in certain areas.

Continue reading “Can FTC regulate anti-vaccine misrepresentations?”