The Mississippi Institute for Justice issued the following statement.
Weight-loss coaches are now free to offer their services in Mississippi – the most obese state in the nation according to the Center for Disease Control and Prevention’s most recent obesity numbers – without a government-issued license. Under a newly enacted regulation adopted by the Mississippi State Department of Health, any person can provide weight-loss advice for compensation so long as they do not attempt to treat a medical condition or hold themselves out as a licensed dietician.
The new regulation was prompted by a lawsuit against the Mississippi State Department of Health filed in 2020 by Donna Harris, a personal trainer from Madison who was threatened with fines and jail time for offering a weight-loss program to paying customers without a dietitian’s license.
Harris decided to offer a two-month weight loss program after many of the participants in her group fitness classes asked her to. She set up a website and planned to offer basic dietary advice, recipes, and encouragement to her customers. 70 participants signed up immediately, paying $99 each.
But then, Harris received a cease-and-desist letter from the Mississippi State Department of Health threatening her with up to six months in jail, a fine of up to $1,000, criminal charges, and a civil suit if she continued to discuss weight-loss strategies for money. The department said only registered dieticians could do that.
Harris, who has a bachelor’s degree in nutrition and master’s in occupational therapy, does not want to become a licensed dietitian, a profession that treats medical conditions through diet and requires 1,200 hours of supervised clinical practice, passing an exam, and paying a $300 fee. In 2024, a bachelor’s degree will no longer suffice for a Mississippi license, so Harris would have to get another graduate degree.
Instead, Harris only sought to help people who wanted to slim down but were otherwise healthy. She had already started a Facebook group with hundreds of members where she gave free weight-loss advice. Her paid program would simply provide more one-on-one coaching to those who were interested. In 34 other states, no dietitian’s license is required for similar weight-loss programs.
Harris called the department and explained that she did not plan to treat medical conditions and had disclaimers on her website that she was not a registered dietician. But she was told that, without a license, she could only point people to government-approved information such as the food pyramid.
Harris shut down her weight-loss program and refunded her customers. Then she sued the department for violating her constitutional right to free speech with the help of the Mississippi Justice Institute (MJI). The lawsuit argued that the department’s interpretation of the Mississippi Dietetics Practice Act amounted to government censorship of speech on the age-old topic of weight loss.
In response to the lawsuit, the Mississippi State Department of Health has now amended its regulations to allow unlicensed people to offer non-medical weight-loss advice as long as they do not claim to be a dietitian. The new regulation will go into effect on May 16, 2022.
“Allowing people to speak freely about general health and nutrition is a no-brainer, especially in a state like ours that struggles with obesity,” said Aaron Rice, the director of MJI. “The government should not be able to give any group a monopoly on speech about a common, everyday topic, like what food we should buy at the grocery store if we want to stay healthy or drop a few pounds. This new regulation will increase Mississippians’ access to important information about their health, while allowing more Mississippians to use their skills and knowledge to earn an honest living and provide for their families.”
“I am thrilled that this law has finally been changed, not just for me, but so that other people who are knowledgeable about nutrition can share that information” said Harris. “Being told I couldn’t do that, and made to feel like I was some sort of criminal for trying to, was terrible. I can’t wait to start my own weight-loss program again and to witness the results and joy that I can help my customers achieve.”
For more information, contact Anika Page, director of operations at the Mississippi Center for Public Policy, at (601) 969-1300 or office@mspolicy.org.
The Mississippi Justice Institute is a nonprofit constitutional litigation center and the legal arm of the Mississippi Center for Public Policy.
Note: Earlier post.
24 comments:
Awesome. Put down the chips and go for a walk ! Pay me MF'rs !
ATTN 300-400 lb WalMart shoppers: do you need nutritional advice glued onto your bloated belly rolls?
No fried foods;
No processed junk foods, like chips, pork skins, pastries;
No Wonder bread;
No carbonated drinks;
No candy;
No sugary food or sugary drinks;
No junk-meat like bologna, cheap hot dogs;
No high calorie alcoholic beverages.
EBT cards should not pay for any of the above.
I suspect that the "Karen" who reported her is a fat slob.
sweet! now I can legally sell my dog meat diet plan!
Empty out the shelters and fix the state’s obesity problem!
When can she expect to receive the $6930 she had to refund?
another classic example of how government is the biggest industry in mississippi.
all brought to you by your precious ms republican party.
the party of ''limited government''.
Correct, @2:42 pm, I'm a conservative but the "conservatives" making the laws in this State are from conservative. They want to involve themselves in which hospital can serve which area, hamstring alcohol sales, who you receive weight loss advice from and on and on.
Good for her!
The "conservatives" making the laws in Mississippi are far from conservative. They want to involve themselves in which hospital can serve which area, hamstring alcohol sales, who you receive weight loss advice from and on and on.
They are nothing better than fat hogs at the trough and want to get paid regularly.
Boss Hogg has nothing on the currently elected 'conservative' hogs on feed!
Government over reach in this state does not solely belong to any one party....both are guilty as hell when it comes to going too far and trying to control everything they can......Currently, the solution to ABC, is to allow a private contractor to come in and run it. So what less than 6 month old business is going to get awarded this contract?.....it's kind of funny, you blast republicans for trying to control something, yet you feel government oversight of schools, mental health, health insurance, etc is a GREAT idea. ok!
Government loss of power is always a gain in personal freedom.
I agree with the posters above slamming the Republicans. But to be sure, the Democrats are far worse offenders. A pox on both parties.
2:24 "now I can legally sell my dog meat diet plan!
Empty out the shelters and fix the state’s obesity problem!"
Not only is this not funny, it is SICK that your mind even went there. Hope you don't have any pets who are endangered when you get low on groceries.
Well, I'll bet a lot of RDs and RDNs (Registered/Licensed Dieticians) heads are exploding. This change basically makes their education, training, and expertise meaningless. Ouch.
The RD profession just lost all its value, and those presently employed will likely be seen as highly overpaid. Yikes.
For more information on my Tacos and Tequila Diet Plan, send $100 and a self addressed and stamped envelope…
Follow me for more dietary advice!!!
Krusatyr, you’re aware that those processed foods that you advocate prohibiting poor people from buying are way cheaper on the taxpayer dime than, say, organic food, right?
And I’m sure you think it would be cheap to enforce a rule that entails scrutinizing every grocery store or gas station receipt. I assure you, it’s not.
@5:29
Well I will make sure to not invite you to my ZooBQ
Pets or food?
Let’s be honest, your pet is only three missed meals away from eating YOU!
When Putin starts slinging Nukes our way, we will all be put on the new Nagasaki Diet.
The story concludes with this:
For more information, contact Anika Page, director of operations at the Mississippi Center for Public Policy, at (601) 969-1300 or office@mspolicy.org.
It should have concluded with this:
Contact Donna Harris @ _____________________.
PS: Pork Skins are excellent munch-food. Zero carbohydrates.
I may have this wrong, but at one time, didn't the Clarion Ledger have a food column where one of the ratings was the amount of food that you received at the restaurant that was being reviewed?
As someone posted, just go to Wal-Mart and Sam's to see obese people loading up with terrible food choices. If that doesn't get you on a diet and exercising nothing does.
I am a Dietitian in this state that is required to pay yearly licensure fees and maintain continuing education hours. It is such a shame that our profession is being treated this way after all the hard work , time, and money spent getting a bachelors and masters degree then completing a year long internship. People that paint fingernails have to have a license but the face that nutrition information that directly affects health and well being can be done by anyone who decides they want to is such a disservice to our state. This will only make the fad / quick fix diet culture even worse and long term results will never be achieved by people who follow these flavor of the week weight loss coaches. Until individuals are willing to take responsibility for their health and seek sound nutrition advice, Mississippi will always rank in the top of the obesity category.
12:53 : Yeah, .....I think you will be ok. Plenty of fat asses in Mississippi to go around for everybody.
@12:53 PM - not to worry, as MS is a target rich environment for your trade. Be like lawyers handing out business cards at traffic accidents; hand out cards in the junk food aisle at Walmart.
Does 12:53 own a television set?
If so, she might turn it on after 9 p.m. and learn how to earn a ticket to Heaven before morning, how to get sixteen free lo-cal meals after paying premium price for 64, how to get rid of toe fungus without sucking, eliminating belly fat by drinking an ounce of miracle juice before bedtime, how to get a free box of corks to stop midnight flatulence and how to lose sixty pounds in a month while eating fried chicken and banana puddin'.
The girl with the exercise class is not your competition.
Oh, wait...free shipping.
A license protects the consumer and the professional. Does this person have liability insurance? Sure, she’s entitled to free speech. The same court that verified her rights is the same court that will issue the financial judgement to the person who was desperate for weight loss and didn’t share a critical piece of health data that produced poor or devastating outcomes. This is a double edged sword.
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