No Posts allowed about Nutrition by Tanya Rosen

↑ 33055

Thu, Apr 26 2018, 5:39 pm

southernbubby wrote:

From what is says online, people from other countries can sue Canadians in Canadian courts and the US and Canada do have some common laws and agreements. I would imagine that one of the issues here is the fact that all of the posters are using screen names or anonymous so it is not possible to actually sue the writer of the defamatory review. Remember that defamation and libel is the spreading of possibly false information and not simply rendering an opinion. Being that Tanya can't sue the individual when that individual isn't revealing who they are, they are trying to establish that the website is responsible.

I read of a case where they successfully got the site to reveal the name of the person who wrote the libelous statements. I think it was a Florida case.

If TR won and was able to find out the posters' names that would have a more chilling effect.

This is not legal advice.

amother

Bronze ↓

Thu, Apr 26 2018, 5:57 pm

This is why I hate social media (that doesn't count imamother, right Smile

)
I happen to know Tanya personally and I think she is a great person (that should be ok to write bec. I am not reviewing my experience going to her for weight loss, although, I did that too).
I don't know what motivated her to sent Yael a letter and I definitely don't agree with that. But...for all those people saying that Tanya is bullying you...ummmmm....I read the posts bashing her and how was that not bullying too.
Goes back to the harm of social media, too much bullying all around.
Oh, and Lashon Harah too Sad

amother

↑ Brunette ↓

Thu, Apr 26 2018, 6:03 pm

amother wrote:

This is why I hate social media (that doesn't count imamother, right Smile

I don't know her (don't even live in the US) though this thread has made me very disappointed in imamother. Pages and pages of lashon hara. This thread shouldn't be allowed to go on like this on a frum site. IMO, it should have been locked after the first post. So that everyone knows it can't be discussed, but no need to take revenge against her for it. Doesn't the rest go against their agreement anyway of not posting any negative information?

amother

↑ Royalblue ↓

Thu, Apr 26 2018, 6:03 pm

WhatFor wrote:

I get what you're saying but I don't think that's exactly so. There are various licensing associations in different states and they could make it a violation to hold yourself out as a (doctor / lawyer / engineer / whatever) if you do not qualify. I'm not 100% sure whether there can be charges associated (either fines or criminal) and maybe it's ultimately a law enforcement agency that steps in, but I don't think you just skate.

Wasn't there some kid in Florida or somewhere who kept pretending to be a doctor?

Also, isn't Yael in Canada? Can someone from the US sue someone in Canada for something that happened on their website? Does a US court have jurisdiction? Whose laws apply?

You aren't violating a license, you are breaking a law. For example: If a person holds themselves out as "certified nutritionist” in New York, and they haven't met the requirements to use that title, they are in violation of New York Education Law - EDN § 8002. (TR does not hold herself out as such).

regarding jurisdiction. you can look at https://www.law.cornell.edu/cf.....5.329 if you are interested in learning more about who is subject to US Federal law. (however, to be clear, likely state law in play here)

amother

↑ Oak ↓

Thu, Apr 26 2018, 6:19 pm

amother wrote:

This is why I hate social media (that doesn't count imamother, right Smile

Giving honest reviews about a place doesn’t come close to bullying the owner.

amother

↑ Oak

Thu, Apr 26 2018, 6:30 pm

amother wrote:

Not the poster you were responding to. But. None of these posts are reviews. They are all just bashing her and putting down her practice, without ever having used her.

Can your really be blinded enough to not see that all this is pure lashon hara.

And how do you know that?

I was one of the negative reviewers there.
I used her practices, had some positive and some negative reviews, and shared them here with women who inquired.

Do you really think people are just here to ruin her name? People are just speaking the truth. (Mostly, some were exaggerated)

amother

↑ Brunette

Thu, Apr 26 2018, 6:38 pm

amother wrote:

I'm not talking about the previous threads which preempted the cease and desist letter. I never read those. I'm talking about this thread alone. And one of the dissenters on here airing all her dirty laundry actually claims that she goes to a different dietician, not her.

Please tell me ,for example, how letting everyone know that she writes comments on only simchos has any toeles on here for thousands of women?

Negative information is allowed to be given l'etoeles only to relevant parties. None of this in this thread has any toeles at all.

Whatever. I've said my piece. You can all carry on though remember that lashon hara isn't taken lightly.

amother

↑ Royalblue ↓

Thu, Apr 26 2018, 6:39 pm

amother wrote:

I wish that were true. Unfortunately there are plenty of lawyers who will take any case if the client is ready to pay. [** I'm speaking in general terms and not referring to any specific person here...]

Or they can explain to the client their opinion as to the low probability of success on the merits and have the client sign a release.

I suppose it depends if the jurisdiction in question sets (and levies) fines for frivolous litigation in their rules of civil procedure.

amother

↑ Royalblue ↓

Thu, Apr 26 2018, 8:29 pm

amother wrote:

Frivolous means the judge would have to believe a lot more than simply that the Plaintiff doesn't have a case. Very hard to prove.

Frivolous means there are no merits to the claim. An egregious example would be suing someone for slander because they looked at you funny. There is no merit here because slander requires words to be spoken.

amother

↑ Royalblue

Thu, Apr 26 2018, 8:44 pm

amother wrote:

Frivolous has a specific legal meaning. In NY it is more than just that there are no merits.

For purposes of this Part, conduct is frivolous if:

(1) it is completely without merit in law and cannot be supported by a reasonable argument for an extension, modification or reversal of existing law;

(2) it is undertaken primarily to delay or prolong the resolution of the litigation, or to harass or maliciously injure another; or

(3) it asserts material factual statements that are false.

Correct - no merits is one of several items.

mille

Thu, Apr 26 2018, 9:04 pm

amother wrote:

The way I see it is, if it's ok for an MD to promote treatments that are ultimately harmful, then TR is equally permitted to do her thing.

My MD gave my child drugs that had short term benefits, but after a few weeks we noticed her blood sugar was through the roof, and her thyroid hormones had become messed up.
My own MD gave me steroids. Short term benefits, long term harm.

Same can be said for nearly all pharmaceuticals, and for many medical procedures. Have a friend, her dr directed her to do spinal surgery....a few days later she was feeling the harmful effects. A year later, she had another surgery to undo the first one.

There are short term benefits with long term harmful effects in much of life: antibiotics, Medical procedures. Medical treatments, TR's program, the keto diet, the vegan diet, this diet, the other diet, the sad diet, etc. etc. etc.

I don't have to offer up examples, I'm sure you have plenty to offer as well.

To be totally transparent: I have never been on TR's program, don't feel a need to. (I'm my own nutritionist Wink

). I don't know the woman or anyone affiliated with her company, have never met her or any of her coaches. I don't even have friends who've been on her program.

If anyone feels TR is promoting a harmful nutritional weight loss program, there's a way to report her to the proper licensing board. If someone has been harmed by TR's method, there's the possibility of suing. Just saying.

The big difference is that an MD is a trained medical professional with many years of training and is able to properly make a risk assessment. In many cases, the benefit outweighs the risk of a treatment. Sometimes things (like a reaction from your daughter) can be unpredictable just due to how, well, unpredictable human physiology can be. Tanya is an unlicensed [person] masquerading as a trained professional. It could not be further from the truth.

Oh - and doctors have malpractice insurance for cases where they screw the pooch. Apparently Tanya just has lawyers to shut anyone down who may have been harmed by her snake oil and shady advice.

amother

↑ Sienna

Thu, Apr 26 2018, 9:14 pm

amother wrote:

I don't want to parse, but even if there really is shaky legal ground to stand on, it's unusual for a lawyer's conduct to be found frivolous for that alone.

amother

↑ Bronze

Thu, Apr 26 2018, 9:47 pm

amother wrote:

Yes, thanks for understanding my post on social media and loshon harah. The comment of what she writes on only simchas is exactly the type of thing that was written here that is just so awful and so easily sent to so many women. Like I said, I know her in real life and when I read that then I was momentarily disgusted and then I chose actually not to believe it. I think that is what you are supposed to do with loshon harah, no? How can that possibly have been l'toeles. Honestly, imagine that 400 people read that statement, would the same person have said it in front of an auditorium with 400 people, I doubt it, somehow on the internet all of this just goes Rolling Eyes

Like I said, I know her IRL and she has been nothing but nice to me, I agree that this thread should have been locked after the first post and there should have been a spinoff discussion on how to handle such a situation where imamother was asked to stop reviewing someone, without being a bash Tanya thread Sad