Open Letter To The American Heart Association

The American Heart Association
National Center
7272 Greenville Avenue
Dallas, Texas 75231-4596
Attention: Loren A. Sobel
Staff Attorney

Copies for:
Valentin Fuster, President
David Wm. Livingston, Corporate Secretary and Counsel
Robin Landry

Thank you very much for your interesting five page letter dated May 13, 1999. I note that it was sent by certified mail, return receipt requested. I received your letter on May 17, 1999.

I have posted a copy of that letter for all to read on my web site. On the web version of this letter someone could "click here" to jump immediately to that AHA letter. I have also featured your letter of threat, and my reply, in my monthly electronic newsletter, called The Wednesday Letter sent out to more than 1,000 subscribers. They will receive this issue of The Wednesday Letter soon. (Click Here to review that particular issue.)

I would appreciate your letting me know immediately if I have entered any error, because of the optical scanning, into your letter.

Your concerns are that I might have used the logo of the American Heart Association improperly.

As you may know I wrote a Book, entitled "Life Glow One, The Solution For Heart Disease." The first edition of that Book sold out several years ago. The second, expanded, edition was first published a few years ago and the next edition has been published as an electronic edition on its own web site (link above). While the electronic edition started as a simple copy of the Second Edition -- some 400 pages -- the electronic edition has now grown to over 1,000 pages.

The general theme of this Book has always been about the fraud and deceit of various individuals and groups on the subject of heart disease. I have expressed in considerable detail the wrong-doings of various groups, including the American Heart Association.

You are correct in stating that the logo for the American Heart Association represents your group. You suggest that your logo represents the "good image" of the AHA. I suggest to you that this same image has been made to represent as being true, information which is actually false about heart disease -- and that my accurate and true representation concerning your logo is the one which should be conveyed to the American Public, and constitutionally protected from attack.

Thus, it is entirely appropriate that a "fair comment" upon your public representations tie itself directly to that image.

You are, of course, familiar with the Copyright Law, from which Trademark Law gets its constitutional heritage.

In the United States, trademarks may be protected by both Federal statute under the Lanham Act, 15 U.S.C. § § 1051 - 1127, and a state's statutory and/or common law. Congress enacted the Lanham Act under its Constitutional grant of authority to regulate interstate and foreign commerce. See U.S. Constitution, Article 1, Section 8, Clause 3. A trademark registered under the Lanham Act has nationwide protection. See § 1115 of the Act.

Specifically, the Trademark Law of the United States derives from Article 1, Section 8, Clause 3 of the US Constitution, which reads, in part:

To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;

It is often not understood among the lay public that the primary reason, within our US Constitution, for a "copyright" is NOT to give a profit-making "right" to the owner of a copyright or trademark. The purpose, within the Constitution is "to promote the progress of science and useful arts."

A copyright or trademark which is issued only to damage the "progress of science" would be a situation needing correction by our justice system. I believe that your trademark has been used to create a false image of success with a proven failure of treatment in an area of the gravest concern to the public.

Since the purpose of the copyright, and the trademark, is to "promote progress of science" there are many clear exceptions to the standard protections for copyright -- and by extension, for trademarks.

Those exceptions are generally covered under the term "fair comment." The reader on the web page can click here to read a reference to "fair comment."

You have accused me of "defaming" the American Heart Association (click here to read that reference). I have read your letter with care and did not find any reference to libel. Whether you wish to carry forward any allegation of defamation, or libel, you certainly realize that you are dealing with a widely recognized, and published, public commentator (Karl Loren) and a widely debated public issue (heart disease). Thus the burden of proof for defamation and libel are extremely heavy for you. And, as you know, "truth" is the ultimate and complete defense against charges of defamation and libel.

I doubt very much if you would want to get involved in a open legal dispute where the defense would be the establishment of the truth of the various statements I have made which have been critical of the American Heart Association.

You also say that certain of my statements are false. While a "false statement" is not, by itself, subject to civil liability, I want to draw to your attention that the statement you indicate is mine, is not fact anything I have ever written or said.

You have alleged that I have claimed "that cholesterol is an 'invention' of the AHA." (Click here to see that reference.)

It would be foolish for me, or any sane person, to suggest that "cholesterol" was "invented" by someone. Cholesterol is a biochemical substance, found in many common foods and manufactured by most cells in the body. The fact that you can allege that "Karl Loren claims that the AHA invented cholesterol" simply indicates the sloppy nature of your legal counsel in drafting your letter. I have made many statements about "cholesterol" but, certainly, never that the AHA invented it.

I realize that you will quickly say that you didn't mean that I claimed YOU invented cholesterol. I will grant you that this is a foolish mistake in your language, but I suggest that much more of your letter turns out to be a foolish mistake.

Now, the final irony of your letter is that some of the very claims of deceit I have made relative to the American Heart Association are admitted in your letter. While your letter puts a nice "spin" on the reason for the false statistics the American Heart Association has issued for many years, you have, nonetheless, admitted that those statistics were false.

It will be interesting to get a deposition from Dr. Breslow as to whether, indeed, he actually said what he was quoted as saying by the Reporter from the Wall Street Journal.

The Wall Street Journal, issue of November 13, 1997, quoted Dr. Breslow as follows:

I think any fair reading of the above from the Wall Street Journal suggests that the real reason for the false statistics being published over a period of many years, as admitted by the President himself, was to be able to claim success from various programs and policies advocated by the American Heart Association (well proven to be failures), and based on that (false) "success" obtain more grant money from the government.

I cannot imagine any more cynical or sinister reason for continuously publishing false data about heart disease. Your "bad advice" has actually caused unnecessary suffering and death -- in that group who have accepted your recommendations about drugs and diet.

I cannot help but draw your attention to another area where the American Heart Association, for many years, was promoting the value and benefit of bypass surgery. Yet the very President of your organization, currently, has written to the contrary.

Click Here to read the entire article by Valentin Fuster, MD, current President of the American Heart Association, where he said:

"Up to half of all coronary artery bypass surgeries fail."

I find it astonishing that your organization gets into its Presidency, every once in a while, a person who is willing to tell the truth. It was, of course, Dr. Breslow who first told the truth about the false statistics which had been published by the American Heart Association for many years. My book describes another instance, many years ago, when the then-President of the American Heart Association disagreed publicly with a position taken by the AHA.

I can guess that the legal counsel of the AHA trembles every time your President goes out to speak in public -- he just may tell some truth you would then have to spin!

You realize that several years ago the American Heart Association was a big booster of bypass surgery. I don't object at all to your reversing your position on this issue -- in fact I applaud you. But, you should have the integrity to admit you were wrong in your earlier position.

In fact, I had written my first edition of Life Flow One many years ago and suggested that other Presidents of your organization have also disagreed with the staff of the group. I also explained, long ago, why the American Heart Association would eventually come out against bypass surgery. I believe the reason I predicted is now proven to be quite applicable.

I believe that the reason your President is now "exposing" bypass surgery as a failure qualifies as a "sinister plot" against the American public -- and I described that plot thoroughly in my book. I commend you to read that Book for the complete story.

In closing, sir, I must respectfully suggest that what I have written about the American Heart Association I believe to be true. I, a well-known public commentator, have written fair comment about your organization and a matter of grave public concern. I have chosen to portray your logo exactly because that logo needs to be exposed as NOT representing the truth in the claims you have made over the years. Your logo, as a fair comment by me, needs to be attached to the real truth about heart disease.

Finally, you have provided certain previously unpublished data in your letter, and have made detailed comments about the false statistics issue. I look forward to studying your material with care, and comparing what you now say with what has actually been published in the past. If I find that my analysis needs correction, I will certainly make any needed corrections.

I have published your letter to me, and my reply, on the web. Naturally there are many others who are now reading this exchange. Click here to go to an index page from which you can view the comments of others on tis issue. This index page also shows links to other pages related to this issue, including links to various sections of my Book where I am making "fair public comment" about the American Heart Association.

I look forward to hearing from you -- and to publishing on my web site whatever further correspondence you might send in my direction.

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Karl Loren, Author and Commentator

Karl Loren, Author and Commentator

Re: The American Heart Association

"Up to half of all coronary artery bypass surgeries fail."