Everybody knows the “I didn’t get that email” excuse is bullshit

The Bureau of Land Management (BLM), saying it needs to control wild horse populations, sought to capture and castrate wild stallions before returning them to public lands.

The  American Wild Horse Preservation Campaign (AWHPC) sued to block the BLM, saying surely the BLM’s plan was essentially horse harassment - which is not allowed under the Wild-Free Roaming Horses and Burros Act.  To bolster their harassment suit, the AWHPC brought in wild horse behavior experts and biologists.

The BLM didn’t want the courts to consider the horse behavior experts’ or biologists’ testimony (‘Expert Declarations’) because it wasn’t part of their Administrative Record (AR).  To be part of the AR one has to submit comments (e.g. Expert Declarations) during the BLM’s public comment period for a proposed plan (e.g. capture, castrate & return).  Once you’re part of the AR, you’ll be considered.  The first step in swaying the BLM, then, is to be part of the AR.   The BLM says the AWHPC missed the AR boat.  Or did they?  Why weren’t the AWHPC’s Expert Declarations part of the BLM’s AR?

Here’s where the bullshit – or should I say horseshit? – begins…

The BLM argued that because of an email error the agency did not actually receive copies of the expert declarations until the day after the public comment period closed, and so they should be excluded from the record. [excerpt from here]

You read that correctly.  The BLM went with the “I didn’t get that email” defense.  It didn’t work.

The Court finds no reason to exclude the complete Expert Declarations from the AR merely because of a technical problem in forwarding copies of the Expert Declarations to the Defendants in a timely manner. [excerpt from here]

Besides this whole email thing, the BLM already had all the Expert Declarations.  You see, the AWHPC had been fighting with the BLM over wild horses for years and had been using the essentially the same Expert Declarations the whole time.

So, don’t try that whole “I didn’t get that email” excuse – especially if you already have the information.

_________________

@DrRubidium
Editor-in-Commandant
 
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Editorial Materials & MethodsmThe author checked her email several times during the writing of this post.  The author is unaware of any sent, yet missing, emails.

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Image from http://bit.ly/IU0BYW
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BREAKING: Dow Chemical CEO reveals only 95% of stuff is made of actual stuff

In an interview with Marketplace’s Kai Ryssdal, CEO of Dow Chemical Andrew Liveris revealed that only 95% products available in the marketplace are actually made of chemicals.

Ryssdal: What do you do when the first thing that most people think of when Dow Chemical comes to mind is “oh man, whatever they make is probably toxic. It’s chemicals, it’s hydrocarbons — holy geez, I don’t want any of that stuff.”

Liveris: Yeah, it’s a branding topic. So we’ve got to go out there and really re-educate humanity, because at the end of the day, 95 percent of all products out there have chemistry in them. Whether we like it or not, modern humanity, but even emerging humanity needs chemistry to get clean water and affordable housing and medicines. Chemistry’s ubiquitous. We at Dow already have 80 percent of all the products we make on the web, in terms of product safety analyses. You can actually just access them. So you know what it is and what it does and what it doesn’t do. And full transparency from this industry, full transparency to the ultimate consumer is an absolute requirement. It’s the right to operate. We are for smart regulations. [emphasis added; excerpt from here]

“This flies in the face of everything we know about materials,” says chemist Dr. Eve Wher.    ”Materials are thought to be composed to 100% chemicals.”  Dr. Wher thinks the chemistry community will have several questions for Liveris.  ”What is the other 5% made of? When will Dow release the data indicating 5% of materials aren’t made of chemicals? How long has Dow known that 5% of materials are not made of chemicals?”

Physicist Dr. Matt Er thinks it won’t just be chemists that will have questions for the CEO of Dow Chemical.  ”What Liveris casually mentioned in this interview could shake the foundation of science,” exclaimed Dr. Er.  ”An implication of Liveris’ statement is that 5% of stuff isn’t actually made of anything.”  Dr. Er explains, “Products have mass, so they must be made of something.  That something is supposed to be chemicals.”

While both Dr. Wher and Dr. Er expressed skepticism at Liveris’ assertion that 5% of products aren’t made of chemicals, Dow seems fairly confident.  As revealed in the Marketplace interview, Dow is effectively dropping the word “Chemical” from its brand.

____________________

@DrRubidium
Editor-in-Commandant

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Editorial Materials & MethodsmA huge amount of sarcasm was used to write this post.  The author would like to thank @funkyNMR for alerting her to Liveris’ Marketplace interview.

Image from http://bit.ly/IXmmvQ

 

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Your coworkers suck (except if you’re Martin Davis)

While your coworkers can’t be bothered to pour you a cup of coffee when they’re standing next to the office coffee pot, Martin Davis’ coworkers pulled him out of a vat of acid.  A VAT OF FUCKING ACID.

You might be asking yourself, “How in hell did Davis get in a vat of acid?!”  Simple enough!  Working on a construction project, he fell through a roof and dropped 40 FEET INTO A VAT OF FUCKING ACID.

(I think we can all agree the use of all caps and swear words is totally necessary.)

It really shouldn’t matter which acid or how concentrated it was.  But because many of us will attempt to quantify how awesome Davis’ coworkers really are in comparison to ours…

The vat was full of reportedly full of 40% – 70% nitric acid (HNO3; molar mass = 63.01 g/mol; density 1.42 g/mL).  If we assume that’s 40% – 70% by weight, that’s a molarity range of approximately 9.01 M – 15.8 M.

Perhaps these numbers don’t mean a damn thing to you.  Let’s take a peak at the Material Safety Data Sheet (MSDS) for 70% nitric acid.

Section 3 – Hazards Identification

EMERGENCY OVERVIEW
Appearance: clear to yellow. Danger! Corrosive. Strong oxidizer. Contact with other material may cause a fire. Causes eye and skin burns. May cause severe respiratory tract irritation with possible burns. May cause severe digestive tract irritation with possible burns. May cause severe digestive tract irritation with possible burns.
Target Organs: No data found.

Potential Health Effects 
Eye: Causes severe eye burns. May cause irreversible eye injury. May cause chemical conjunctivitis and corneal damage.
Skin: Causes skin burns. May cause deep, penetrating ulcers of the skin. May cause skin rash (in milder cases), and cold and clammy skin with cyanosis or pale color.
Ingestion: May cause severe and permanent damage to the digestive tract. Causes gastrointestinal tract burns. May cause perforation of the digestive tract. May cause systemic effects.
Inhalation: Effects may be delayed. Causes chemical burns to the respiratory tract. Inhalation may be fatal as a result of spasm, inflammation, edema of the larynx and bronchi, chemical pneumonitis and pulmonary edema. Aspiration may lead to pulmonary edema. May cause systemic effects. May cause acute pulmonary edema, asphyxia, chemical pneumonitis, and upper airway obstruction caused by edema.
Chronic: Repeated inhalation may cause chronic bronchitis. Repeated exposure may cause erosion of teeth. Effects may be delayed.

Section 4 – First Aid Measures

Eyes: Get medical aid immediately. Do NOT allow victim to rub or keep eyes closed. Extensive irrigation with water is required (at least 30 minutes).
Skin: Get medical aid immediately. Immediately flush skin with plenty of soap and water for at least 15 minutes while removing contaminated clothing and shoes. Wash clothing before reuse. Destroy contaminated shoes.
Ingestion: Do NOT induce vomiting. If victim is conscious and alert, give 2-4 cupfuls of milk or water. Never give anything by mouth to an unconscious person. Get medical aid immediately.
Inhalation: Get medical aid immediately. Remove from exposure to fresh air immediately. If not breathing, give artificial respiration. If breathing is difficult, give oxygen. Do NOT use mouth-to-mouth resuscitation. If breathing has ceased apply artificial respiration using oxygen and a suitable mechanical device such as a bag and a mask.
Notes to Physician: Treat symptomatically and supportively.

You wouldn’t want to fall 40 feet into a vat of nitric acid.  Remember that time you were pushed in the pool?  Caught off guard, perhaps you floundered in the water for a few seconds – taking in a few mouths fulls and awkwardly splashing about until your swimming know-how took over.  Now image all of that happening after a 40 foot drop and in a VAT OF FUCKING ACID.  That shit is fucking scary!

And you know what’s also fucking scary?  Seeing that happen to somebody else when you know all that MSDS stuff about about nitric acid.  Know what’s awesome?  Acting quickly, decisively, and selflessly to try to save that somebody else.

Hat’s off to you, Martin Davis’ coworkers!  You are the best coworkers ever.

_______________

@DrRubidium
Editor-in-commandant
 
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Image from http://bit.ly/KiD6vO
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New chemical rule: If I can’t pronounce it, it must be evil

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A new rule that could make the tricky business of chemical safety a lot easier has been discovered between the lines of the @NPR article What’s Inside The 26-Ingredient School Lunch Burger?  It was @chemjobber that first articulated this new rule - ”if I can’t pronounce it, it must be evil!”  So simple!

Let’s dig deeper into this @NPR piece.  Here is an excerpt….

Thiamine mononitrate, disodium inosinate, pyridoxine hydrochloride.

Why are these hard-to-pronounce ingredients added to everything from a burger served in schools to veggie burgers in the frozen food aisle of the grocery store? We try to answer that on this edition of Tiny Desk Kitchen.

[Cute video of various NPR personalities fumbling over chemical names, a food scientist explaining ingredients with burgers cooking in background, flummoxed NPR host peering into to NPR fridge with the ending line "...this processed food is everywhere, even the Morning Edition freezer", and pithy text saying "Tip: Don't try building this burger at home. Measurements and process (and edibility) are uncertain."]

It turns out the answers are as varied as the ingredients. But as we yearn to know what’s in our food and how it’s made, these kinds of ingredients with unfamiliar names make people suspicious.

“For me, it’s just a huge red flag,” says Ryan Lonnett, a parent of children in Fairfax County, Va., schools. He’s an advocate with the group Real Food For Kids.

When he looks at the ingredient list of the burger served in his kids’ cafeteria, he says things like disodium inosinate stand out. “Since I don’t know what it is, I’d rather not put it in my body,” Lonnett says.

Yes, yes…. instead of learning what a chemical is and what is does once ingested, let’s avoid it outright.  Well, learning stuff does take work.  Avoiding things we can’t pronounce or can’t be bothered to investigate seems a hell of a lot easier…

Take for instance the chemical (5R)-5-[(1S)-1,2-Dihydroxyethyl]-3,4-dihydroxy-2(5H)-furanone.

WHAT THE FUCK? There are numbers AND letters.  There are numbers BETWEEN letters! Plus, this chemical has a long name and we all know there is a correlation between chemical name length and evilness…

 

 

Poor ol’ (5R)-5-[(1S)-1,2-Dihydroxyethyl]-3,4-dihydroxy-2(5H)-furanone!  It’s got an Evilness Factor of about 300.  If only it had a shorter name… wait a minute! IT DOES HAVE A SHORTER NAME!  Actually, it has two shorter nicknames.   (5R)-5-[(1S)-1,2-Dihydroxyethyl]-3,4-dihydroxy-2(5H)-furanone goes by ”ascorbic acid” or “vitamin C”.

Oh-uh. Vitamin C isn’t that evil.  OK, bad example.

Instead of going with a long chemical name, let’s go with a shorter one… hydrogen cyanide.  No numbers and fairly easy to pronounce – “hi-dro-jen sigh-ah-nide”.  One problem…

This shit will kill you at fairly low quantities.  A number of US states went with hydrogen cyanide to carry out death penalty sentences when gas chambers were in use.  Say you inhaled about 150 parts-per-million (ppm) of hydrogen cyanide.  You’d probably be dead in ~30 minutes.  Death won’t happen* if you ingest over 5000 ppm of our scary sounding (5R)-5-[(1S)-1,2-Dihydroxyethyl]-3,4-dihydroxy-2(5H)-furanone (vitamin C) by drinking 6 oz of Emergen-C.  That’s because vitamin C works nicely in our bodies, while hydrogen cyanide is an evil bastard.

Hmmmmm… there seems to be a problem with the seductively easy “If I can’t pronounce it, it must be evil” rule.  There are things that are tricky to pronounce that aren’t evil and things that are evil that aren’t tricky to pronounce.  Hmmmmm…what to do, what to do….

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@DrRubidium*
Editor-in-Commandant

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*No, I’m not a medical doctor. Yes, they are probably exceptions.

Editorial Materials & MethodsmA delicious orange containing (5R)-5-[(1S)-1,2-Dihydroxyethyl]-3,4-dihydroxy-2(5H)-furanone was enjoyed during the drafting of this post.  The author reported no ill effects upon consuming said orange.  

Image attribution
Image 1: chemical structure is from http://bit.ly/HGMCdV 
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Happy Monday! Homeopathic cup of coffee?

_________________

@DrRubidium
Editor-in-Commandant

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Editorial Materials & MethodsmA conventional cup of coffee, skepticism of homeopathy, and a healthy dose of sarcasm were used to write this post.

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Special JAYFK April Fools’ Issue

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That birth control dilemma? Sorted!

Just when it seemed the US was trapped in a never-ending, ridiculous debate over the subsidization of women’s birth control by insurance companies, the UK provides us with a resolution.

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Why wait for people to figure out birth control is a healthcare issue?  Why wait for people to realize women’s birth control is medicine that should be subsidized by our insurance companies?  Fuck that!  Our 3-point pony plan will be much faster…

 

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________________

@DrRubidium
Editor-in-Commandant

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Editorial Materials & MethodsmPure sarcasm and exasperation with the current birth control debate were used to write this post.

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Image Sources
Image 1: Screen capture of @Guardian article found here http://bit.ly/z0unyu
Image 2: Horse costume image from http://bit.ly/Af1nj7, Dartmoor image from http://bit.ly/AkbVG5 & birth control image from http://bit.ly/zpA8SO
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Another lawsuit says homeopathic medicine doesn’t work

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First, homeopathic medicine manufacture Boiron, Inc. gets sued.  Now, The Original Bach® Flower Remedies are the subject of a new class action lawsuit.  It’s like users of homeopathic products are finally figuring out that homeopathy is total bullshit!

The named defendants in this latest homeopathy lawsuit are Nelsons and Nelson & Co. Ltd. (Nelsons).  According to Nelsons, they are “the UK’s largest manufacturer of natural healthcare products”.  One of their product lines is Bach® Flower Remedies, developed in the early 20th century by “noted homeopathDr. Edward Bach who…

…discovered a system of flower remedies that can help us rediscover the positive side of ourselves. He believed, as many doctors do today, that attitude of mind plays a vital role in maintaining health and recovering from illness. When he died in 1936, he had developed a complete system of 38 flower remedies, each prepared from the flowers of wild plants, trees and bushes. The remedies work by treating the individual rather than the disease or its symptoms. Still made in the U.K. at Mount Vernon, the home of Dr. Bach, Bach® Original Flower Remedies are the only flower remedies bearing Edward Bach’s signature on each bottle.  Today, these gentle remedies are used world-wide and are sold in over 66 countries. [excerpt from here]

One of those countries is the US and one American (“Plaintiff”) is none too pleased with Bach® Flower Remedies’ allegedly bogus claims.

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Just what is Malus Pumila?  The common apple.  The Plaintiff bought the Bach® Flower Remedies crab apple product.  But crab apple wasn’t the only Bach® Flower Remedies product that the Plaintiff purchased.   Bach® Flower Remedies mustard and Rescue® Remedy products also made it into the shopping cart.

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These product “Human indications” hint at what the Plaintiff was trying to treat.  Others have said it [here, here, and here] and I’ve said it [here, here and here].  Homeopathy doesn’t treat, cure, nor is it a remedy for, anything.  At best, it’s a placebo effect.  This latest lawsuit says the same.

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It’s not just Bach® Flower Remedies crab applemustard and Rescue® Remedy products this lawsuit is targeting.  It looks like the Plaintiff is going after the whole Bach® Flower Remedies line. 

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Like the Boiron and Dial class actions, this Bach® Flower Remedies lawsuit puts science (and pseudoscience) center stage in a legal drama.  We’ll have to wait and see how it all plays out.

__________________

@DrRubidium
Editor-in-Commandant
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Editorial Materials and MethodsmA dilution of coffee (1 part ground beans: 10 parts water) was ingested during the drafting of this post. 

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Image Sources
Image 1: from http://bit.ly/yJat1J
Image 2, 4 and 5: Snapshot of lawsuit PDF http://bit.ly/xVubIT
Image 3: Screen capture from http://bit.ly/xVJhHD (crab apple & mustard) and http://bit.ly/wAZEe1 (Rescue)

 

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Illinois agriculture committee now tackling women’s health issues

You might think the Illinois General Assembly Agriculture & Conservation Committee deals with agriculture and conservation.  You’d be wrong.

The committee usually deals with hog farm and irrigation issues, but often is assigned bills involving gun-owner rights, abortion restrictions and other hot issues due to the committee’s conservative tendency. [excerpt from here]

You might think the Agriculture & Conservation Committee would be too busy with agriculture (Illinois is a leading producer of soybeans, corn and swine) and conservation (Illinois has natural resources) to deal with women’s health issues. You’d be wrong.

This week it passed two anti-abortion bills.  One, House Bill (HB) 4117, aims to pile on new requirements to any facility “…where 50 or more abortions are performed in any calendar year…”.  The other, HB 4085, is dubbed the Ultrasound Opportunity Act.  It’s like déjà vu all over again…..Virginia…but wait!  HB 4085 is all about opportunity!

Section 15. Offer of ultrasound required.

(a) At any facility where abortions are performed the physician who is to perform the abortion, the referring physician, or another qualified person working in conjunction with either physician shall offer any woman seeking an abortion after 7 weeks of gestation an opportunity to receive and view an active ultrasound of her unborn child by someone qualified to perform ultrasounds at the facility, or at a facility listed in a listing of local ultrasound providers provided by the facility, prior to the woman having any part of an abortion performed or induced, and prior to the administration of any anesthesia or medication in preparation for the abortion.

(b) The ultrasound shall be performed by a qualified person or persons. The active ultrasound image must be of a quality consistent with standard medical practice. The woman’s response to the offer must be documented by the facility, including the date and time of the offer and the woman’s signature attesting to her informed decision to accept or decline the offer. [excerpt from HB 4085]

HB 4085 won’t make women have an ultrasound, it provides women the opportunity to have one and keeps a record of who does or does not have one.  Why? Well, ladies, the authors and sponsors of HB 4085 are looking out for you!

Section 5. Legislative findings and purpose.

(a) The General Assembly finds as follows:

(1) Ultrasound requirements serve an essential medical purpose in confirming the presence, location, and gestational age of a pregnancy.

(2) Ultrasound requirements also serve an essential medical purpose in diagnosing ectopic pregnancies which, if left undiagnosed, can result in infertility or even fatal blood loss.

(3) Furthermore, it is critical to the psychological and physical well-being of a woman considering an abortion that she receive complete and accurate information on the reality and status of her pregnancy and of her unborn child.

(4) The decision to abort “is an important, and often a stressful one, and it is desirable and imperative that it be made with full knowledge of its nature and consequences”. Planned Parenthood v. Danforth, 428 U.S. [excerpt from HB 4085]

Clearly, the Agriculture & Conservation Committee doesn’t think women and their health care providers can make informed decisions.  Clearly, the Agriculture & Conservation Committee, with its expertise — oh, right!  Their expertise has fuck-all to do with women’s health.   How the hell did two women’s health bills (HB 4117 and HB 4085) find their way to the Agriculture & Conservation Committee?  Here’s what Agriculture & Conservation Committee Chair Rep. Brendan Phelps (D) told the @BetterGov blog Think Tank

“these issues are ‘wear-your-heart-on-your-sleeve’ issues. You want to put it to a committee where it’s going to get [voted] out so you can get it to the floor.” [excerpt from here]

Wait! It gets better…

Steve Brown, spokesman for Speaker Madigan, says this is a practice that has gone on for decades. “If a sponsor of a bill expresses a committee preference,” he said, “then the response is to send it there.” [excerpt from here]

Rep. Phelps is a sponsor of HB 4085, but he indicated to Think Tank that…

…he had not asked for the bill to end up in Agriculture, but it was likely the bill’s supporters had spoken with the Speaker’s office about getting it into a committee where it would pass. [excerpt from here]

…and that’s how a woman’s heath bill gets managed by a committee totally unqualified to do so.

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@DrRubidium
Editor-in-Commandant

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Editorial Materials & MethodsmThis post was written under the influence of coffee and incredulity.

 

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Antivaxism has crossed species barrier

I had an enormous WTF moment this morning when I saw a tweet from @aetiology referencing a @MailOnline article about dog vaccines causing autism in dogs. Seriously. Jaw hit the floor.

It turns out that my jaw should’ve hit the floor in 1994, although I was probably a little young to care then, when Catherine O’Driscoll formed Canine Health Concern (CHC). That year, Catherine lost “two of her beautiful young Golden Retrievers”. She read some “scientific papers” and decided that the reason they had died was to do with their diet and vaccination schedule, despite the fact that this particular breed of dogs is particularly prone to cancer and other genetic conditions.

As you may recall, in 1998 a doctor named Andrew Wakefield published a heavily publicized paper in @TheLancet that suggested a causal link between the MMR (measles, mumps, and rubella) vaccine and autism in children. Coincidentally, that same year CHC also released a book entitled “What Vets Don’t Tell You About Vaccines“.

You can see where this is going, right?

Sure enough, the article I saw this morning (which was actually published in 2010) contains the same fear-mongering language that most of the anti-vax literature regarding human vaccination does. Vets are supposedly scaring people into getting too many booster vaccinations for their puppies, in order to get rich. And this needle-jockeying, money-grabbing, vaccine-pushing behavior is causing canine autism.

People. First of all the link between autism and vaccination in humans has been COMPLETELY DE-BUNKED. Wakefield’s original paper was retracted in 2010, and he was struck-off the medical register in May of that year after being found guilty of numerous incidences of ethical misconduct, including 12 charges of abusing developmentally challenged children.

Secondly, canine autism???? For realsies? Well, perhaps. But it is a very rare condition and symptoms are often mild or absent, and begin in puppies, not adult dogs. I spoke to a retired vet this morning who said that in all her time practicing, autism in dogs was not even recognized, never mind seen to be increasing in concert with a more thorough vaccination schedule.

Charlie probably has other problems....

She also pointed out that many pet owners today have never seen a dog with Distemper, Leptospirosis, or the other diseases dogs are prone to. This is, of course, at the root of a lot of the attitudes seen in the anti-vax community, both human and canine. But the reason childhood diseases such as measles, and equally debilitating dog diseases, are so rare these days (although on the rise thanks to decreasing vaccination coverage) is BECAUSE OF rigorous vaccination schedules.

And if you needed further evidence that the CHC might be a puppy short of a litter:

CHC advocates the use of alternative healthcare for pets, including the homoeopathic vaccine alternative, natural flea and worm prevention, and a range of complementary therapies such as Bach Flower remedies, Chiropractic, Emotional Freedom Technique, Reiki, nutritional therapy, acupuncture, and more. Homoeopathic veterinary medicine has become increasingly popular since CHC started to promote it back in 1994, and we have led thousands of animals to the doors of homoeopathic and other complementary vets.

Again, this echoes ideas put forward in anti-vax community. There are entire websites devoted to altering your child’s diet to remove casein and gluten in order to alleviate autistic symptoms. Others claim that increased dietary probiotics will also help.

One final rant. If you think vets are “tricking” you out of money for these “unnecessary” vaccinations, what do you think canine chiropractors are doing? And Reiki?? Aren’t you just paying someone to PET YOUR DOG????? Doesn’t that set off the apparently overactive alarm-bells of opportunism in your brain?

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@Katie_PhD 
Guest Editor
www.katiephd.com

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Editorial Materials and Methodsm
While no alcohol was imbibed during the writing of this post, a stiff gin and tonic is likely in the author’s future.

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