Health Coach Threatened With Jail for Dietary Advice

Do adults have the right to talk to other adults about what to buy at the grocery store? That’s the question raised by a federal lawsuit filed by the Institute for Justice on behalf of Florida-based health coach Heather Kokesch Del Castillo.

In 2014, Heather left an unfulfilling career to found Constitution Nutrition, a business that specializes in providing one-on-one health coaching for paying clients. As a privately certified health coach, Heather operated successfully and without complaint—first in California and then in Florida—for nearly four years. But in May 2017, Heather was forced to shut down completely, after a licensed dietitian filed a complaint with the Florida Department of Health alleging that Heather was engaging in the unlicensed practice of nutrition/dietetics.

Although Heather has never held herself out as a licensed nutritionist or dietitian, the Florida Department of Health slapped her with an order to cease and desist providing nutritional advice and demanded that she pay over $750 in fines and costs. She would have to spend years of her life and thousands of dollars getting a degree and in training to become a licensed dietitian. Without any realistic options, Heather did as the state ordered and shut down. And she has been turning away willing clients ever since.

Unfortunately, Heather’s situation is not unique. Occupational licensing boards are increasingly operating as special-interest censors, while licensed practitioners—eager to keep out would-be competitors—often scour advertising spaces in search of people to file complaints against. And this problem is particularly acute for military families like Heather’s, for whom frequent moves often lead to conflict with state licensing boards.

But this sort of censorship cannot be squared with the First Amendment. Advice about what people should eat to stay healthy is as old as language and the government has no power to give any group a monopoly on advice about such a common, everyday topic.

That’s why Heather is fighting back. On October 3, 2017, Heather joined with the Institute for Justice to file a lawsuit in the U.S. District Court for the Northern District of Florida to strike down Florida’s unconstitutional restrictions on who can give safe dietary advice that customers want to buy. Together, Heather and IJ will vindicate her right—and the rights of all Floridians—to offer nutrition advice and health coaching without the fear of being prosecuted or shut down by the government.

[timdymondnd]

Thank you for fighting against these insane laws. I hope you win your appeals.

[reed-all-about-it]

Licensing has historically been used as a means to stifle competition. Sad but true. I hope you win your case and do so solidly!! :)
Also, I want to thank you for standing up to this tyranny. Way to go!

[adamchurvis]

A law which was lobbied by large companies who wanted to corner the health-coaching market in Florida. Kinda like food trucks being practically lobbied out of business by brick-and-mortar restaurant holding groups. This is not the way America is supposed to work, folks. I know we need some regulation to protect the public, but the kind of requisites Florida has set up for her is more appropriate for a healthcare professional who creates medically-critical meal plans for infirm patients, not someone who suggests more organic kale and a carrot or two to citizens without life-threatening illnesses.

[FatihKarakurt]

Can moms tell their children what to eat? Or, do they need certification as well?

[davidrowley]

Praying for your success. Sue the devil out of them!

[Jan_YTview]

WHAT is the obsession with putting people in jail? Ridiculous!

[breezedeep]

How terrible ones life must be to spend time in their day to infringe upon the rights of a practitioner that's helping people get healthier using tools such as coaching and FOOD recommendations. Unhappy Dietitian's be like "Please arrest that woman! She helped all those people get healthier by recommending whole foods and she's not even a Dietitian!"

[stevenalexander]

I guess Michelle Obama was also breaking the law every time she appeared on a Disney commercial with Disney child stars telling people to eat healthy as well. Why wasn't she fined like this woman and threatened? Also, for most of the food that we eat, I don't believe in good food or bad food. I believe in how we eat and the amount we eat. Let's be honest, if we gorged ourselves on what society has deemed to be healthy food, is it still healthy good food when it begins to impact our health through weight gain or weight loss?

[jeanowens]

How did the law suit go? This video was 5 years ago. I’m about to become a health coach in Fl.

[TheRealbears]

She should set up a YouTube channel and build up subscriptions and bypass Florida law

[empirestate]

Ironic how California, the states which libertarians love to bash, actually has some pretty lenient laws.

[Duszka]

I am a teacher and a military spouse who often had to deal with REDICULOUS hoops to jump through just to be able to try and teach from state to state not to mention keep my liscence active in my home state. I salute you and hope you kick butt on this issue and it gets national attention. You wouldn't believe how often I felt stifled by stupid state hoop laws and how expensive it is to meet those requirements.

[Sarge]

You cannot even be an interior decorator without a license in Florida. Cannot give advice even on colors or fabrics that would work in a commercial building. Sad. ( I corrected that from Home to commercial building)

[ingridfrancis]

there are many coaches who are successfully practicing in FL without any issues. That one particular case was due to the coach practicing outside of the scope of coaching. She was making very specific dietary recommendations in terms of what dietitians do. Most states have this law. Health Coaches are focused on helping clients make behavior and habit changes, while also educating and making dietary suggestions, just don’t cross the boundary.

[JC-whgy]

She's giving out dietary advice, not medical advice so this really shouldn't have happened

[hoogabooga]

so your doctor can't give dietary advice because s/he doesn't have those credentials.

[rosebanx]

Wow I am a Floridian getting ready to do my hhc and I’m glad I came across this video. Thank you

[Shamansoracle]

I hope you have successfully sued them. You have every right to practice health coaching. Sounds like some jealous low-minded dietician who obviously can’t get her feet on the ground attacked you wrongfully but that karma she will eventually wear on her sleeve.

[username]

Whoever made all these stupid licensing laws should be given life sentence in the worst prison in the United States.

[suzukiism]

Lots of problems here. I just wonder who it was that reported her. What benefit did they get from that? Like a tattle tale kid. And it pains me that a police state like Cali is less restrictive on this than a supposed free state like Florida