Yup, Truehope is threatening to sue me, Natasha Tracy, mental health writer with regards to slander and defamation of their company and product, EMPowerplus. All this because of six articles written over a year-and-a-half ago (when I tried their product).
Truehope Threatens to Sue Natasha Tracy
Last week I received a threatening piece of registered mail from Anthony F. Stephan, president of Truehope Nutritional Support Ltd.. In this letter, (titled re: Slander/Defamation), Stephan accuses me of being “engaged in a campaign of slander and defamation to Truehope” and the products they produce. He then, further, accuses me of making statements I knew to be false and that I have “facilitated a forum for others to engage in publishing defamatory statements regarding Truehope.” (Naughty, naughty commenters and their free speech.)
President Stephan then “demands” that I immediately remove “all remarks to third parties of such a nature within seven (7) days.” He then “demands” that I “print a public apology and retraction.”
[“Slander,” by the way, is not what he means. Clearly he doesn’t understand the meaning of the word as that word indicates spoken communication and not written. But let’s not quibble over technicalities like the English language or the law.]
Mental Health Writer Natasha Tracy Not Backing Down
Now, I assume he thinks that as a little ol’ mental health writer, I would back down under threat of a lawsuit. Indeed, that would be the simplest thing to do. However, I am not backing down. I am not removing the articles and I am certainly not writing an apology or retraction. In short, Truehope can bite me.
Threat of Lawsuit by Truehope to Natasha Tracy
The letter then goes on to read,
Your calumny will not be tolerated. Should you refuse to rectify your malfeasance within the aforesaid time we will refer this matter to our legal department to protect our good name by commencing legal action against you for injunctive relief as well as the recovery of damages, including punitive damages and costs on a solicitor client basis, without further notice to you.
Update: I did have a link to the complete letter here but I have since removed it as offering it online may be seen as a copyright infringement. Sorry.
What Does Natasha Tracy Think of the Lawsuit Threat by Truehope?
Look, I can’t really tell you what I think of this because well, naturally, some delightful human being could use it in a lawsuit. What I will tell you is that I’m angry and I consider this to be not fair right or reasonable. There is still a thing called freedom of speech. I know this because people have died for it. I employ it every day. And every day I say things that some people don’t like. These people do not threaten to sue me, mostly because they don’t have a leg to stand on.
So, in short, if you’re a Truehope supporter, you should know the kind of company you’re in bed with and, quite frankly, you should be outraged at such baseless threats against a writer just expressing an opinion. If you’re not a Truehope supporter, well, I’m with you there.
What Is Natasha Tracy Getting Threatened to Be Sued Over?
If you’re curious what all the fuss and threatening is about, see:
- Why Take the Alternative Treatment EMPowerplus for Bipolar?
- Truehope and the Bipolar “Treatment” EMPowerplus
- What I Know about EMPowerplus That You Don’t (Read by tens-of-thousands of people, in case you were wondering, and I’m guessing that’s what’s making them so mad.)
- EMPowerplus/TrueHope Update Day 11
- My Psychiatrist’s Reaction to EMPowerplus/Truehope Treatment
- Truehope/EMPowerplus Experience at Week 5
- Preliminary Evidence for EMPowerplus/Truehope in ADHD Treatment (Not a negative article, by the way. I do try to be fair even though some people clearly do not deserve that.)
Header image by: Rifqi Jamil (Own work) [CC BY-SA 3.0], via Wikimedia Commons
Image by: By k_donovan11 (Congressional Quote) [CC BY 2.0], via Wikimedia Commons
Shared on our page
But we too have been getting tons of threat
Protecting Canadian Children Organization has stepped down from supporting our page since we refused to support the stephans
I’m so sorry to hear that. It speaks to where their allegiances lie, I support. Maybe it’s best not to be associated with them.
– Natasha Tracy
http://www.circare.org/FOIA/ATIPindex1.htm
Hi Vicky,
Thanks for the link. There’s lots of information about TrueHope and EMPowerplus there.
– Natasha Tracy
More news on Truehope: http://bit.ly/1ehieYF
This article mentions Natasha Tracy, and Truehope suing yet another company. FYI Truehope Sues Competition For Improving Product, Lowering Price: http://bit.ly/1RFfAOY
Please, please sue me True-death. I want the subpoena power and so much more to Face my accuser. You already have my real name, address, phone number, rank and serial #. I want yours. All of you. All of them and I’ll have not a single doubt who has done the harassment. Other info has been saved but this is what I really want.
Don’t know discovery rules in civil cases in Canada but I am looking forward to learning.
I would like to say more but not sure if Natasha would be put at risk. It takes a real man (and a greedy immoral one) to go after a woman with a severe illness to attack. Try me. I’ve got the same illness but I’m not a woman and I don’t have what she has to loose. Narcissism and/or Sociopathy (depending on who is doing the diagnosis) is far worse then BP. Difference is one hurts others and the other the self. The disdain and disgust I have for people who profit from illnesses in others knows no bounds. A lower level of scum is hard to believe exists. Sometimes wish justice could be distributed the way it was a couple hundred years ago. WN
I like the cut of your jib, sir.
What’s a shame is they just showed themselves to be defensive over something that, if it is a good, strong, steadfast product and company, shouldn’t need defending (especially when there is no “attack”. This is not North Korea and the are NOT Kim Jong-un no matter how they type it.
I am showing them my butt, you just can’t see it because I’m at my computer typing.
No but it’s getting there. Not because of true-death but for so many more reasons. WN
TrueHope is horrible for threatening to sue you! I am so sorry to hear this! What a terrible company this is!!
For those not sure:
(Caution: I am not a lawyer. These are my lay-interpretations and anyone requiring this kind of information should consult a lawyer before accepting them as accurate!)
Libel is defamation that is *written* such as on a web site – e.g. by posting a web page, comment, bulletin board post, review, rating or blog post. “A publication, without justification, which is calculated to injure the reputation of another person by exposing them to hatred, contempt or ridicule. (Parke, B. in Parmiter v. Coupland (1840)”
Slander is defamation that is *spoken*, not written, e.g. transcribed video, podcast or audio file.
“Whether you are the victim of internet defamation or being wrongfully accused of internet defamation, you need to understand the law. In order for a comment, post or article to constitute internet libel, the following elements must typically be met:
The first thing you must prove is that the statement constitutes a false statement of fact. A fact is different than an opinion. A fact can be proven true or false. Opinions are typically not actionable as defamation.
The false statement of fact must harm your reputation. There are many false statements posted across the internet. In order to constitute libel, a statement must not only be false but must harm you or your company’s reputation and cause harm.
The false statement of fact causing harm must be made without adequate due diligence or research into the truthfulness of the statement. Alternatively, plaintiffs often attempt to prove that the false statement of fact was made with full knowledge of its falsity.
If the person who is the subject of the false statement of fact is a celebrity or public official, the plaintiff must also prove “malice.” Malice is proven when the person posting the information on the internet intended to do harm or acted with reckless disregard of the truth in making the statements.” – http://www.traverselegal.com/internet-defamation/defamation-libel-slander/
“Definition – What does Cyberlibel mean?
Cyberlibel is any inaccurately or injuriously written defamation triggered via electronic means, including the Internet, social media, email and websites. Cyberlibel creates instant and irrevokable reputation damage.
Like common law libel, cyberlibel is defamatory, shared with at least one third party and plainly identifies victim(s). Defenses include “fair comment,” “truth in statement/justification” or, less frequently, “qualified privilege.”
Cyberlibel should not be confused with slander.” – Source Techopedia
IMO, key here is that TrueHope.must prove Natasha’s statements constitute a false statement of fact. Bear in mind, a “fact is different than an opinion. “A fact can be proven true or false. Opinions are typically not actionable as defamation.” So, my reading of this is that it you say “Company A’s product X is crap!” that is not defamation because it is an expression of opinion, but saying “Company A’s product X doesn’t work” is defamation IF there is evidence to prove product X does work AND if you said said so knowing what you said was incorrect. HOWEVER, the onus appears to be on Company A to prove that saying the product does *not* work is a false statement – that’s quite a burden of proof they need to successfully prosecute a claim of defamation.
So, in my inexpert opinion, unless TrueHope can prove what Natasha has said was an untrue statement of fact, *and that she knew it was a false statement*, they’ve not a leg to stand on.
Three times cut off from responding to Harry. Odd. Three times! Statutes and case law. Canada, US. Where servers are. Cross border etc. Won’t go into detail again and be cut off. Legal talk means NOTHING until the one with the power (Judges,etc) decide what it means. MUCH, MUCH more complicated then what you say. MUCH more. WN
I think if they did sue you they would have to show evidence that “your claim is false” and likely they know that they can NOT do that because they simply don’t have evidence to support their claims.In short: they should be afraid of going to court and losing, Losing in court can ruin a company’s reputation.Having a judge say” I don’t see any evidence that your product can work here” would be bad for them,they will not take you to court .they will only threaten you in the hope that you respond to their “Bullying”.
Mental Illness Policy Org stands with you and against Truehope. Let us know how we can help. Thank you for being the most honest (dare I say, ‘brazen’?) blogger on mental illness.
Thanks so much. If this threat materializes, I may just be knocking on your door :)
– Natasha Tracy
If this results in an actual legal battle I am happy to assist.
Whoever wrote that laughable letter doesn’t have a leg to stand upon however so I don’t imagine this will go very far before being squashed.
I had a real good giggle when they said you were slandering them, technically the term for your supposed written assault would be ‘cyber libel’ which has been getting interesting results in our Canadian court system. Most of these cases that I’ve looked over have been resolved in rulings for the defendant. Especially when the plaintiff is a business.
At any rate.. I’d stand beside you. All you’ve ever done is talked openly and honestly about your experience, and no one can hold that against you.
Drago Girl. I’m US (wish I wasn’t) but are you sure it’s a real legal term “cyber libel” in Canada. That seems a bit hard to swallow. Also, you scared me once before with all the blood and you have every right to but It would be nice if you don’t scare people (about yourself-not them). I understand if you are hurt but personally only want to see the blood if it’s real. If it is from a past episode I totally understand. I have pictures of myself cutting my radial artery and bleeding out about half my total blood but that was a couple years ago. Amazing how much blood is in one human being. Without the blood by the way (i’m not into goth) you look like a very cute woman. WN
Glad to see you not bleeding Dragon Girl. Not that I don’t appreciate art but just sayin’. WN
You know this is a cheap ploy from what appears to me to be a small company. If there was any truth to this threat, they would of had their legal staff submit the proper proceedings to the court. instead they send a threatening letter. I think maybe you hit to close to the truth in regards to their product and they can either not afford or just not willing to pay for proper legal proceedings. This in it self makes me question Truehope.
Nothing replaces or aids like a safe place, time and human support. You provide that and I to you. Keep up the fight.
Exactly Jim, sorry missed comments here. Short but as you say “nothing replaces”. Most wisdom is short and to the pt. WN
Good luck with all this. Hope it blows over soon. I’m so tired of bullies suing others.
Free speech or not, if there’s anything on your site that’s not true about the stuff they could have a successful suit. For example, if it wasn’t invented by a hog farmer who thought it made his pigs happier.
Here’s a quote from a pro-TrueHope (now called EmPower) page: “A Canadian farmer created it to help calm his livestock, specifically pigs. Then the farmer and a friend discovered it worked on humans, too.
“I started to feel a difference. I started to get happier and I started going to more places because I basically stayed in my home. And now I’m always wanting to go out and do things,” Shannon Tomchick.”
http://www.encognitive.com/node/926
I doubt that she or I will get sued on that one. They boast about it, apparently.
I wonder if it works on turkeys, too …
I just did some further research… found this site http://www.encognitive.com/node/926 which includes this statement. “Now, EmPowerPlus gives you four times the vitamins B12 needed in a day and 3 times the daily allowance of vitamin C” ……… I’m pretty sure that taking more then the recommended doses is not good for a person and if you take too many vitamins you can OD and possibly die. With the amount of B12 they have in it, I would be scared to take the supplement and eat. Taking too much B12 can interact with other medications making them less effective. Also, some random farmer created it for his (I will assume bi-polar) pigs and has no medical degree, is not a researcher or scientist or mental health expert… and he thinks its okay to give these pig pills to humans? Pigs and humans are two different species, for one. And no actual degree that qualifies him to make supplements for human consumption. Wow! :(
I don’t really see how that site is affiliated with the Truehope company or “pro-Truehope” either… much of the article is negative.
I’m actually surprised it took them that long to try to scare you with a cease and desist letter. It’s just empty intimidation, pure and simple. You’re guilty only of being fair, informed, very well-respected and having a high Google ranking.
Even though you are a speaker and blogger, you have never claimed to be a physician or researcher treating bipolar disorder. Everything is your opinion on this site, and looking for peer reviewed articles and studies does not make you an expert; it makes you an informed consumer. I think they post they don’t like is the psychiatrist’s evaluation post. By threatening you, they can remove that post without confronting an expert. An expert who might be able to prove their product doesn’t work. This letter is not from a lawyer but from the company. I would find a kindly lawyer to reply to this letter with actual threatening legalese.
My brother was murdered by his schizophrenic son due to their claims of being able to “cure” mental illness. I support you in any way you need. Bravo to you!!
Your are now a self proclaimed name in the mental health industry. What you say however true,
can be damaging to opposing positions, especially when they are corporate (profit) based. Without
representation from those who back you, your cause is at risk. Being bi-polar and taking a stand on
the subject are obviously to different things. My bi-polar condition has cost me plenty over a life time.
Welcome to the jungle. And the best of all good luck because you deserve it.
You go girl, You definitely have my support!
Nice Natasha. Forget who wrote it but says in brief. You really haven’t done any good unless someone sues you or censors you. Good work! Your a real man (woman)! I’m proud of you. If you need any help you know my e-mail.
What I find particularly amusing is the plaintiff claiming “good reputation”. I’m thinking as a whole this may be quite difficult to prove regardless of any other claims. Personally to me through independent research it has a very bad reputation.
This is just a thought and only that, but this letter does not seem as if it was written by an attorney or any type of official legal councel. Being a US citizen and not a Canadian one I know our legal systems are different but are still based on the British system.
I’ll be looking through all this and would hope (if you trust me) that you would send me the full letter and specific charges. I’m not an attorney but am very familiar with some US federal law and even more of Pennsylvania State Law due to my own fights for free speech, firearms, MI, torture and so on.
Good luck Natasha, right is on your side. As well, as unlikely as loosing in this case is, or even real legal charges even being filed. You have and are doing the right thing and loosing is just part of being a good person. By the way I’m one of those willing to die for free speech. I’ve been tortured for it. I know your accuser would most likely only die for money. I don’t even think that. A coward is a coward. Feel free to use my name and anything else you need in any legal proceedings. I’m BP but I’m no P____ as some preditors wish to believe. WN-Scranton, PA
People complain about Big Pharm, but I haven’t heard of Big Pharm threatening to sue people for stating that their product did not help them or even that there was a conspiracy between them and psychiatrists to addict them. (I will accept documented corrections.)
I have deliberately stayed away from TrueHope because I didn’t want to deal with their “success stories” or anecdotal evidence. The best argument anyone has ever given me for going on it has been “Wouldn’t it be cool if it worked?” which is not logical or compelling to me.
One thing people don’t know about TrueHope and the alternative medical industry is that they are a $4 billion a year industry and they don’t have to put their product through clinical trials! There has been a homeopathy exemption on the books since 1938 which states that homeopathic remedies do not have to prove their efficacy. This is the reason why you see “homeopathic” on many alternative remedy jars!
When you start a defense fund, I will contribute to it.
Thanks so much, Joel, it may just happen.
– Natasha Tracy
Quite Joel. From the ant-psychiatric movement herding people into miracle cures you would think companies like truedeath and so many more aren’t making a profit. I’m guessing the markup is far more w/o all the legal and other hurdles. WN
Just want you to know I totally support you in this.
I f*cking hate Truehope. I’ve called them Falsehope for years now because that’s truly what they are about – their co. name should be next to “unethical” in the dictionary.
I found out about the product after I bought the promise of falsehope book. I read it, and thought there was a chance for me. Then I purchased the product just like the founders wanted me to, and it was a total waste of $.
I am sending strength and lots of positive juju your way to deal with their utter bullshit. If you need to me sign anything to back you up, let me know! I wish I was rich and could hire an ultra-bigshot-lawyer, but sadly I can’t.
Take extra-good care of yourself.
Dyane
Truehope was invented by a hog farmer who thought it made his pigs happier. On the basis of that “research”, he started marketing it to humans. I have known a few people who tried it and they swore — despite the fact that they were buzzing like an old light bulb with mania or suffering from depressions as deep as the doodoo on a hog farm — that it was helping them. I don’t trust anecdotal evidence, even when it agrees with my own views. I will sometimes cite them, but only as illustrations of statistics. (And I warn people when they should be careful — for example, carbamazepine helped quell my manic storms, but statistics show that it doesn’t help everyone.)
I try not to be mean, but I have been known to slip and call those who believe in Truehope “Truedopes”.
http://www.encognitive.com/node/926
Fine except truedeath does nothing for anyone other then the placebo effect or like twenty cups of coffee and I think we all know haw well that works for any illness. Anecdotal evidence can be real as all people are different. Truedeath may work on you as an individual. Same as how drinking drano may work for a sore throat for some though I wouldn’t try it. Take a couple multi-vits and you’ll get all the benifits your likely to get from truedeath.
Greed, dishonesty, lack of compassion love or understanding for very sick and ill is about the only thing I can never forgive. Not that the “fine” people at true hope have any of those qualities. By the way for those at truedeath I’ve been getting your mails. I told you I wasn’t afraid. Keep them coming, I have no problem with it but remember what I have said and one sometimes does reap as he sows. It’s summer, I might tale a road trip. WN-Scranton PA. Home of Joe Biden and Hillary Clinton. (grew up near Joe and Hillarys father is buried less than a mile from my home)(my brother in law has a summer home three houses away from Hillarys brothers full time residence on the lake).You would be surprised who has problems with depression!
Your highly ethical, well-informed, and brave blogs are why so many of us are your fans. You model the courage we all need when confronted with bullies.
Hi Susan,
That is incredibly kind and gracious, Susan. Thank you.
– Natasha Tracy
I second that. WN
Better slogan for TSHIRTS ONLY PEOPLE THAT USE DOPE SHOULD BENEFIT FROM TRUEHOPE!
( before I’m slandered myself dope ISNT EXCLUSIVE MJ,COULD BE ANY ILLEGAL DRUG SO CHILL OUT!
I don’t know much about the law but I will leave it in the lyrics of one of my heroes.
Get up Stand up Stand up For your rights!!
Always,this I believe & live by will likely die by…
I send you my support & love….
Your not alone,we of course haven’t ( well,I ..(? Others) haven’t been afflicted in this harsh way..
But I certainly have had to fight ( not meaning being in tiffs)
Ironically right now I am…but it’s nothing in comparison to yours.
It concerns a Dr who gave me a bad rap,I’m concerned as the nasty Dr ( Dr Dick,I call him)
Threatens me..& is telling my Dr who is like my SAVIOUR …I have to see my Great Dr LATER TODAY
Saw Dr DIck 1 month ago,though I feel,even my sister & bro in law take my side this dude was a Dick& my real bro
As well…I’m feeling sick…anxiety….leaving 45 mins…this Dr Dick is type that WOULD DRAMATIZE…HELP!
Anyway.
Sigh,back on topic.
Natasha,as always I am deeply sorry this occurred,seems more good you do,more you get slammed!
If I could make T shirts they’d SAY NATASHA ROCKS SO PULL UP YOUR SOCKS!
Then A BIG STILETTO BOOT LIKE NO ONE MESSES W ME!
Love,
Hugs
Pumpkin my cat says hello
:-)
Sandra in BP Cyberspace
I’m sorry to keep commenting but this company is pi**ing me off. I am doing Google research and see sites (all on page one):
http://bipolarhappens.com/bhblog/truehope-empower-plus-supplements/ — The product caused her psychosis and they argued with her that it doesn’t cause psychosis
http://neurocritic.blogspot.ca/2012/07/empowered-to-kill.html– A man with Schizophrenia went off his meds and started taking EMPowerplus and killed someone. It further states in that blog that the company makes false claims.
Further, in regards to the murder came this http://www.huffingtonpost.ca/marvin-ross/health-canada-empowerplus_b_1811203.html with a title that states, “Why is Health Canada Still Allowing Quack Medicine to be Sold to Dangerous Psychotics?” and is in reference to EMPowerplus.
So yeah I would not worry for even half a second over this “company”. Maybe write them a nice letter back and ask them to please explain all those claims by other people incl Health Canada, if they are indeed legit and honest.
I wish you the best :)
I would like to know how they think your claims are libel anyhow… I read only one article which has links to CBC news that say Health Canada are warning people about using this product… “Worsening of symptoms”… “”unauthorized health claims, and medical advice being provided by non-medically qualified staff.” I guess they are going to have to sue Health Canada and CBC now too…
I had never heard of the product, however, after further research I would never use the product because Health Canada advised me not to. Also, seeing how they try bully people in order to further their own agenda (ie. a threatening letter to a random blogger) rather then addressing those claims shows me they are not a company that I ever want to deal with. That’s on them and not on anything Natasha Tracy may or may not have said.
You’re most welcome to use my comments in support of you should they try proceed with this frivolous lawsuit. If you don’t have access to my email and need a statement just reply to this comment and I will send you my email address privately. It doesn’t matter when it is, I am subscribing to follow up. :)
Stand your ground! These people are bullies and someone needs to stand up to them. I remember the Truehope posts, it’s good that someone evaluated this product and told the truth about it.
Apparently, this is done quite regularly by many companies, not just TrueHope. It’s a scare tactic, nothing more.
Stand your ground…I believe in you.
I’m sure you recognize what the legal requirements for a successful libel suit are. The content of your posts doesn’t meet those requirements in several aspects. One of the problematic things about being a private publisher, though, is that you’re always in danger of being forced into a defense. That costs you more money, as a percentage of your assets, than the company.
I’d take the same tactic, myself. Dig in. There is a great quote by Mark Twain: “Never pick a fight with people who buy ink by the barrel.” That was before digital media made “ink” essentially free. If they intend to actually sue you, you might as well collect together the factual information about their bad business, scientific, and medical practices and let them have it. You’re going to pay the same legal fees, and the result is going to be pretty much the same.
To be honest, I’d forgotten all about this “Truehope” crap, except that is was one of the supplements you tried which didn’t work. The company did seem a little shady. But, all companies are kind of like that. I will now file them away as an organization which uses people as opposed to serving them.
Seen this? http://www.circare.org/FOIA/ATIPindex1.htm Interesting reading.
Hi Harry,
I did actually know all of that, but, yes, it is very interesting, for sure.
– Natasha Tracy
I couldn’t help but laugh when I saw that part about the alleged pharmaceutical research guy, the one with an academic (not medical) doctorate in turkeys! Too much!
I do truly hope TrueHope does not have a turkey scientist developing products for human consumption!
Turkey Nutrition? OMG hahaha Now that is messed up!
Wooboy, I love it when people bust out the thesaurus and try to scare people by using the biggest words they can find. Good on you for standing up to it.
True hope should donate profits to real mental health research.
;) you rock. i don’t always agree with you, but i have a huge amount of respect for you. best to you in this difficult time. i hope the law supports you in this. it would be nice to see, once in a while, that the bullies don’t always win.
My bad. Apparently it’s not from a lawyer. It’s from the company president. Lol His letter is not worth the paper it was typed on.
I wouldn’t worry about a lawyer (I use that term lightly) who doesn’t know the difference between slander and libel. I haven’t read your reviews but a review is a review and you’re entitled to your opinion so let them sue and slap them with a counter suit for mental distress and whatever side effects you had from their crappy product. That’s my two cents worth.
All kinds of companies send out threatening letters to people hoping to scare them into removing bad reviews or bad blogs, it’s part of their tactics. Stand your ground, you’ll probably never hear from them again:) Yup, and you can counter sue for damages to your good name if they slander you, you gave an opinion, freedom of speech:)
Right on, Chris!!!! But does a journalist have to have a press pass or some sort of “credentials” to “qualify” for free speech/writing whatever she wants– opinion, /truth, etc. Not only that, Natasha, I would think that this lawsuit is not only [legal jargon] Frivolous, but also harassment. Maybe you could find an attorney who would take a coutnersuit on percentage and not make you pay upfront. ‘Scuse the typos and any bad grammar….I’m about to leave the house now.
Free speech applies to everyone. Or it’s supposed to. :)
Aloha, well put and I know others have said this in the past but as a Mental Health Advocate that also publishes her own work you are a Journalist with the right to publish the truth, and you live in a Free Country with the right to write/speak the truth.