General or specific warnings (and disclaimers)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

On October 1, 2022 there is an F Minus cartoon by Tony Carrillo showing a general WARNING sign with the following caption:

 

“This sign is a nice catchall option to protect you from lawsuits, ensuring that anyone who enters your place of business has been warned.”

 

There also are specific warnings, like the often referenced Far Side cartoon (by Gary Larson), BEWARE OF DOUG.  

 

Another generic one is the Quack Miranda Warning (for diet supplements), found at the very bottom of web pages:

 

“These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.”

 

On September 19, 2022 there is the following silly statement by Donald J. Trump claiming a specific warning:

 

“The Radical Left controlled NARA (the National Archives and Records Administration), now becoming more famous than ever, placed a ‘Harmful Content Warning’ on The Constitution of the United States, labeling our Country’s governing document as ‘harmful,’ among other things. This Warning includes the Bill of Rights and the Declaration of Independence. Remember, this is the group wrongfully complaining about me—and instigating the Raid on Mar-a-Lago.”

 

He linked to an article by intern Haley Stack at The Federalist on September 8, 2021 titled National Archives slaps ‘Harmful Content’ warning on Constitution, all other founding documents. But that topic already was discussed by Madison Dapcevich at Snopes back on September 10, 2021 in an article titled Did National Archives put ‘Harmful Language’ alert on US Constitution? Snopes noted it really was a generic warning, and linked to the NARA web page titled NARA’s Statement on Potentially Harmful Content, which says you well may be offended by some things they post.

 

The bottom of every page in this blog has a light gray Disclaimer which begins:

 

“We don’t necessarily believe what we write, and neither should you…”

 

Can homeopathic gelsemium calm nervous tension associated with public speaking? What if we pretended it could?

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Boiron claims to be the world leader in homeopathic ‘medicines.’ Their BoironUSA website has an article dated December 10, 2020 that is titled Uncovering the Mystery of Yellow Jasmine. The first paragraph says:

 

“The bright blooming flowers of the yellow jasmine vine are a welcome sign of spring, but they also hide a mysterious dark side. Throughout history, this plant has held power to both heal and harm. Read on to uncover more about this intoxicating botanical and how the homeopathic preparation can help calm nervous tension associated with public speaking.”

 

The last paragraph says:

 

“You will find lots of yellow jasmine growing in southern gardens today, but it is only used medicinally in homeopathy where its toxic properties are removed. Made from the tincture of the root, homeopathic Gelsemium sempervirens is used to relieve apprehension with trembling, headaches, and dizziness.* It’s a valuable medicine for those who suffer from stage fright or fear of public speaking before a speech, event, or presentation. Five pellets can be taken twice a day before or after the event.”

 

What about that asterisk? It leads to a disclaimer at the bottom of the page:

 

“*Claims based on traditional homeopathic practice, not accepted medical evidence. Not FDA evaluated.”

 

There is a more recent article by Heidi Weinhold at the BoironUSA web site on March 3, 2021 titled Homeopathy and the New Age of Communication. Her second paragraph opens by saying:

 

“The homeopathic medicine Gelsemium sempervirens 30C helps to relieve stage fright or situational stress.”

 

But at the end there is another weasel-worded sentence:

 

“Disclaimer: The views and opinions expressed in this article are those of the author and do not necessarily reflect the position of Boiron.”  

 

Also, there is a 37-second YouTube video from October 16, 2018 titled Gelsemium sempervirens – Homeopathic Medicine to Relieve Apprehension. The text says that:

 

“Gelsemium sempervirens helps relieve apprehension.* Learn more about its uses in this video featuring Dr. Gary Kracoff NMD, Reg Pharm.”

 

Again, the asterisk is for that first disclaimer:

 

“* Claims based on traditional homeopathic practice, not accepted medical evidence. Not FDA evaluated.”

 

In that video Dr. Kracoff wears an impressive white coat. He holds up a package showing a 30C dilution and says:

 

“It’s a useful medicine for stage fright that will not affect alertness.”

 

Are they going back to traditional practice because there isn’t any medical evidence? No, it’s even worse than that. Back on December 15, 2011 I posted on this blog with the title Can homeopathic gelsemium reduce anxiety about public speaking? It does not. In that post I discussed a magazine article from 2012 in Fundamental Clinical Pharmacology titled Effect of Gelsemium 5CH and 15CH on anticipatory anxiety: a phase III, single-centre, randomized, placebo-controlled study. It found no significant difference between a placebo and the two dilutions of gelsemium.  (Anxiety was induced using the Stroop Color and Word Test). Authors of that article were Adeline Paris, Sophie Schmidlin, Sandrine Mouret, Enkelejda Hodaj, Phillipe Marijnen, Naoual Boejedaini, Mircea Polosan, and Jean-Luc Cracowski. Both Marijnen and Boejedaini are listed as being with Laboratoires BOIRON, St Foy-lès-Lyon F-69110, France.

 

The disclaimer really should have said:

“Someone once thought this works, but accepted medical evidence says it does not. Nevertheless we will continue to pretend that it works.”

 

 To paraphrase Daffy Duck, that’s just despicable.

 

Finally, what do 5C and 15C homeopathic dilutions mean? C means the the substance was diluted by a factor of 1 to 100, and 5 means that process was repeated five times. The end result is a dilution of 1 to 10 to the tenth power, or 10,000,000,000 times. For 15 C it is to the thirtieth power or  1,000,000,000,000,000,000,000,000,000,000 times.

 

And 30 C means the end result is a dilution of 1 to 10 to the sixtieth power, or an outrageously tiny factor of 1 in 1,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000.

 

The image of gelsemium is cropped from one by David Stang at Wikimedia Commons.

 

How is a car GPS like a razor?

How is a GPS like a razor? Both can be sold using a razor and blades business model. Blades go dull and need to be replaced. Map data for navigation on a car GPS will need to be updated. About six years ago I finally bought a little TomTom XL335SE GPS with a 4-1/4” screen diagonal (as shown above with a Gillette Mach 3) for about $75. Map updates at their web site weren’t included, so after two years I paid $50 (on sale) for an annual package that regularly was $75.

Once I got it securely mounted in the car, the TomTom GPS was very useful both around Boise, and on road trips. But came with a suction cup mount for the windshield that has a ring which snaps into the back, which it often didn’t stay there (perhaps due to dust). It also came with a black plastic disk that mounted on the dash via two-sided foam tape. That was a little better, but the GPS still fell off the dash unpredictably.

I looked over on eBay and found another GPS mount which fit into the cup holder to the left of the instrument cluster on the dash of my Honda Fit. That worked much better. I could pick up the GPS and mount, key in the destination, and then drop it into the cup holder. An address is entered going from general to specific - state, then city, then street name, and finally the number.

Around town I prefer side streets to the Interstate (I-84), and the I-184 spur to downtown (locally known as The Connector). But the GPS usually tried to send me via the Interstate. After I ignored it three or so times, it finally let me go the way I prefer. My TomTom GPS has been very useful for long trips. It showed me the exact lanes to take at busy unfamiliar interchanges, like on I-15 near the Salt Lake City airport.  

After two more years I updated again. Last month I got a single map update for $25. But, when I tried to download it, they warned me that my now clearly obsolete GPS just  didn’t have enough memory to hold the whole U.S. from their latest map. So I only fit in the western half. It was time to look for a replacement.

This time I went looking for a GPS with a larger screen (and more memory), and with lifetime free map updates. I found a $100 refurbished Garmin Nuvi 67LM with a 6” screen at Amazon. The GPS is very nice, but their suction cup mount was even worse than on the TomTom - even with the black plastic disk that mounted on the dash. I found a web article on Replacing the Garmin Nuvi suction cup mount that recommended other brands of mounts.

I got another cup holder mount to try. It didn’t work because the Garmin was too wide to fit down in the space between the door and dash. So, I cut a block from 1” pine to fit on the dash, painted it black, attached the suction cup mount via four sheet-metal screws, and used two-sided foam tape to hold it on the dash to the right of the speedometer. The power cord from the GPS dropped two feet straight down to the power (cigarette lighter) socket on the center console.      

When I turned on the Garmin it immediately required me to Agree with the following legal disclaimer:

WARNING
Do not attempt to enter route information or adjust this device while driving. Failure to pay full attention to the operation of your vehicle could result in death, serious injury, or property damage. You assume total responsibility and risk for using this device. NOTICE: Some jurisdictions regulate or prohibit use othis device. It is your responsibility to know and comply with applicable laws and rights to privacy in jurisdictions where you plan to use this device. 

 On my new Garmin GPS an address is entered going from specific to general - first the number, then street name, then city, then state. Usually it guesses the city. I really like that it warns me a half-mile before each school zone (speed limit 20 mph when yellow caution lights are flashing). The first menu shows Where to? and View Map as the primary options. Under Where to? the next menu Options are Go Home, Address, Restaurants, Gas Stations, Foursquare, and Add Shortcut. But when I looked for restaurants near home, I found several out-of-date listings.  

WARNING - Your child might learn something here!

Last week I visited Twin Falls and enjoyed seeing the Herrett Center for Arts and Science at the College of Southern Idaho (CSI).They have a natural history collection, an art collection, and a planetarium. Their mission statement says they are educational, and offer programs to elementary and secondary school students, CSI students, and adults.   

In front of the center, in a group of program-related signs, there is a curious gray one (shown above) which reads:

“Due to content that may challenge some visitors’ aesthetic, moral, or ethical standards, the Herrett Center for Arts & Science recommends a review of shows and exhibits by parents, guardians, or teachers prior to bringing younger viewers to the Center. Images in presentations or shows, and objects on display in our galleries may not represent the philosophy of the Herrett Center or the College of Southern Idaho.”

Those items also might represent their philosophy, but presumably a legal adviser told them they needed to muddy things up with a weasel worded disclaimer/warning statement. 

Got predictions?

Starting around the New Year we get to listen to lots of predictions. Some seers claim to see, know, and tell all.

California Psychics has a one-minute YouTube video commercial titled Tomorrow Starts Today which at 0:40 shows the phrase Satisfaction Guaranteed.

But, when you look at the fine print they really claim very little.  Check out the Terms & Conditions web page which contains their Satisfaction Guarantee. The title of the very first paragraph is:

“FOR ENTERTAINMENT ONLY”

The following four paragraphs are titled ACCEPTANCE PROCEDURE, PRIVACY POLICY, OUR SERVICES, and RULES OF SERVICE. Then comes their sixth paragraph titled Our Satisfaction Guarantee, that hilariously begins by disclaiming:

“We don't guarantee that our psychics' predictions will come true, but we do our best to ensure that you enjoy the reading.”

Last September I blogged about Disclaiming Responsibility. A poster with the California Psychics disclaimer might look more like the following:

The crystal seer was adapted from an image at the Library of Congress, and the blindfolded couple came from a VD prevention poster at the IHM.

Disclaiming responsibility: We are not really psychics

Eighty-five years ago some people weren’t afraid to claim they could make predictions, like that brilliant psychic star Newmann the Great. Now there is much more caution, and long legal disclaimers.

On the Stanford University web site I found a lengthy disclaimer for bondholders that opened with the sentence shown above. A shorter, plain English version might instead have said:

What about California Psychics, one of whose trademarks is The Psychic Service More People Trust? That trademark is owned by Outlook Amusements, Inc. of Burbank, California. The Terms of Service statement on the California Psychics web site says that their service is provided for entertainment purposes only.
  

If you want to avoid litigation, then you might consider opening your presentation with a disclaimer slide like the one shown above.

Should presentations come with disclaimers?

A disclaimer just is a lawyer’s version of Bart Simpson shouting his old catchphrase: “I didn’t do it!” Should every presentation have a disclaimer? Should every blog? This one does.

If you scroll to the VERY bottom of the page of this blog you will find that I have included the following (in very light type):

DISCLAIMER

We don’t necessarily believe what we write, and neither should you. Information furnished to you is for topical (external) use only. This information actually may not be worth any more than what you paid for it (nothing). The author may not even have been either sane (or sober) when he wrote it down and posted it. Don’t worry, be happy.

My disclaimer is mostly a plain English translation from a 60-word disclaimer devised by the legal department at U. S. Steel. I first noticed this gem at the end of a magazine article from their research laboratory which appeared in the August 1980 issue of Corrosion magazine.Theirs was:

DISCLAIMER

Note: It is understood that the material in this paper is intended for general information only and should not be used in relation to any specific application without independent examination and verification of its applicability and suitability by professionally qualified personnel. Those making use thereof or relying thereon assume all risk and liability arising from such use or reliance.

Now, I thought that already was slightly silly. However, recently things are getting much sillier. I just ran a Google search with the phrase “disclaimer for presentation”. One of the first pages on the results list was an Acrobat file of a presentation by the Swiss mining firm Xstrata from December 2008. Slide #2 of 16 contained the following 257-word disclaimer in very fine print. (I have broken their long first paragraph in two to make it slightly more readable, but still find their international legal gobbledygook to be quite appalling):

DISCLAIMER FOR PRESENTATION

This presentation contains statements which are, or may be deemed to be “forward-looking statements” which are prospective in nature. Forward-looking statements are not based on historical facts, but rather on current expectations and projections about future events, and are therefore subject to risks and uncertainties which could cause actual results to differ materially from the future results expressed or implied by the forward looking statements.

Often, but not always, forward looking statements can be identified by the use of forward looking words such as “plans”, “expects”, or “does not expect”, “is subject to”’, “budget”, “scheduled”, “estimates”, “forecasts”, “intends”, “anticipates”, or “does not anticipate”, or “believes”, or variations of such words and phrases or statements that certain actions, events, or results “may”, “could”, “should”, “would”, “might”, or “will” be taken, occur or be achieved. Such statements are qualified in their entirety by the inherent risks and uncertainties surrounding future expectations.

Neither Xstrata, nor any of its associates or directors, officers, or advisers, provides any representation, assurance, or guarantee that the occurrence of the events expressed or implied in any forward-looking statements in this presentation will actually occur. You are cautioned not to place undue reliance on these forward-looking statements.

Other than in accordance with its legal or regulatory obligations (including under the UK Listing Rules and the Disclosure and Transparency Rules of the Financial Services Authority), Xstrata is not under any obligation and Xstrata expressly disclaims any intention or obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.

Those 257 words are beginning to approach the infamous 969-word STANDARD DISCLAIMER cobbled together by Don Descy and his students for their infamous, phony City of Mankato , Minnesota web page. (It is one of the longest running jokes on the Worldwide Web).