i. Despite the lack of reasonable scientific or medical evidence to support the efficacy or therapeutic benefit of BRT or NAET, Dr. Berg repeatedly advertised or represented to patients and the public, either implicitly or expressly, that BRT and! or NAET were techniques that could be used to prevent, alleviate, diagnose, assess, treat, or otherwise ameliorate a variety of conditions and symptoms, to include, but not be limited to the following: allergies, thyroid problems, infertility, depression, migraines, fibromyalgia, PMS, blood sugar problems, arthritis, sciatica, prostate problems, skin-related symptoms, heart beat problems, stubborn metabolism, as stated in the following:
I. Letter to Patient Z dated June 21, 2002;
II. Marketing advertisem*nt in the October 2002 edition of Dynamic Chiropractic, entitled “Learn the Body Restoration Technique;”
III. Marketing advertisem*nt in the August 14, 2005 edition of Dynamic Chiropractic, entitled “Get Faster & Longer Lasting Results with Tough Cases! Learn the Body Restoration Technique;”,
IV. Undated marketing advertisem*nt to practitioners, entitled “CreateHUGE effectsSee AlsoJocko Joint Warfare's Review: Does It Really Help Pain Relief?Jocko Joint Warfare ReviewJocko Joint Warfare Reviews - Does It Work For Joint Pain?The Effectiveness of Traditional Chinese Yijinjing Qigong Exercise for the Patients With Knee Osteoarthritis on the Pain, Dysfunction, and Mood Disorder: A Pilot Randomized Controlled Trialin patient results BY RESTORING HORMONE BALANCE”,
V. As of December 2006, Dr. Berg’s website stated that “BRT gets Major Results With” a variety of medical conditions and symptoms, while also claiming that:BRT is a specialized method of removing blockages originating from non-spine areas. It is a method of checking all the body’s pathways with an emphasis on the endocrine system’s acupressure-like points … If the right source is found and corrected results will be immediate, even within seconds after the correction.
ii. Volume 1, Issue 1 of a publication from The Health and Wellness Center, dated August 2002 and sent to Patient Z, included the following claims which are not supported by reasonable scientific or medical evidence:
I. “My observation and clinical testing found that this synthetic estrogen is the main causative factor in sluggish thyroid cases as well as prostate enlargement, fibroids, ovarian cysts, fibrocystic breasts, adrenal burnout and high blood pressure.” However, Dr. Berg did not provide the DHP investigator with the clinical tests referenced in the preceding statement, and there is no reasonable scientific or medical evidence that BRT ameliorates these conditions or that synthetic hormones are the main causative factor in the conditions listed.
II. “I would recommend a product called Cal Ma Plus for people who wanted to prevent osteoporosis.” However, the information sheet on Cal Ma Plus indicates that it is a supplement containing Bovine Parathyroid Gland, that it has not been evaluated by the Food & Drug Administration, and that it is not intended to diagnose, treat, cure or prevent illness.
III. “The Body Restoration Technique will help … strengthen the adrenals so they can do their job again … and when you improve that area, the adrenal bounce back and menopausal symptoms greatly improve.”
IV. A 5-year old boy with a rare blood disorder, Idiopathic Immune Thrombocytopenic Purpura (“IITP”), received muscle testing which revealed that “his body was reacting with the chicken pox vaccine”, and, after treatment with NAET, the boy’s platelets shot up, he was energetic, and he had no further bruising. Further, the story of a 47-year old woman suffering from sluggish thyroid is described. Testing revealed that “she was weak on mumps” and she was successfully treated with BRT. However, there is no reasonable scientific or medical evidence of a causal connection between chicken pox vaccine and IITP or between mumps and sluggish thyroid.
iii. In an undated flyer sent to Patient Z entitled “Long Time No See”, Dr. Berg stated that “Incidentally, one of the biggest known side effects of the mumps vaccine is diabetes (pancreas problem) …. ” However, there is no reasonable scientific or medical evidence supporting that claim.
iv. On numerous occasions, Dr. Berg used the designation “Dr.” without clarifying that he is a doctor of chiropractic, including in correspondence to Patient Z dated June 21, 2002, in October 2002 and August 2005 advertisem*nts in Dynamic Chiropractic, and on his website. In addition, on Dr. Berg’s letterhead and other documents, in advertisem*nts, and on his website, he repeatedly identified his practice as The Health and Wellness Center, without clarifying that it is a chiropractic practice. Further, in an undated flyer sent to Patient Z, entitled “Long Time No See”, Dr. Berg used the designation “Dr.” with respect to four individuals in his practice who are certified in BRT, without clarifying that these individuals are doctors of chiropractic.
v. Dr. Berg’s website claims that he developed BRT approximately 8 years ago. However, a letter from his counsel to the DHP investigator dated August 3, 2004, attributes his use of BRT to a continuing education seminar that he attended in 1998 entitled “Nambudripad Allergy Elimination Technique.”
vi. An undated promotional flyer advertising a marketing seminar for practitioners states that “t has been established that BRT gets an 84% success rate for most endocrine conditions.” However, there is no data to support the claim of an 84% success rate.
vii. An undated advertisem*nt in The Washington Post, entitled “Are Hormones Making You Fat & Tired?”, offering a free seminar states that the seminar “is based on several medical textbooks including a book called Dr. Berg’s Body Shape Diets.” However, describing Dr. Berg’s book as a medical textbook is false and! or misleading in that there is no evidence that this book has undergone the level of scientific scrutiny necessary to be considered a physician level healthcare medical text, rather than a lay publication.
