Who Should Dish Up Nutrition Advice?

A Michigan-based food-service startup is struggling to understand what's legal now that state law requires nutritionists and dieticians to be licensed

by David E. Gumpert

Since launching a venture last fall to provide cooking instruction, and food shopping and dinner-preparation services to busy families, Julie Kowalski has been busily doing what any entrepreneur in her situation would—trying to obtain customers. Now that the Troy (Mich.) company she and a partner started, Forget Perfect NOW, is finally starting to show some positive results—its next four cooking classes are filled at 25 participants each—Kowalski has had to hire a lawyer to determine whether her company's services will still be legal come July 1.

That's because a new Michigan law—enacted last summer after 30 years of pressure from the Michigan Dietetic Association (MDA)—beginning this summer makes it illegal for individuals who aren't licensed as nutritionists and dieticians to dispense advice about nutrition.

To become licensed, individuals will be required to have a Bachelor of Science degree in nutrition or dietetics, have interned for 900 hours, and have passed a test developed by an affiliate of the MDA's parent, the American Dietetic Association (ADA), a national association of dietetic professionals.

Rewriting the Rules

This presents problems for Kowalski. Not only is she self-taught and, as a 50-year-old entrepreneur, not in a position to rush out and obtain a new Bachelor's degree, she's also in philosophic disagreement with the MDA and ADA about dietary approaches. She especially bridles at such policies as its approval of pasta consumption as a way to encourage low-fat diets, and its sanctioning of artificial sweeteners and other processed food.

Kowalski encourages her clients to consume organic produce and proteins such as grass-fed beef for what she feels is its beneficial saturated fat. "People who come to my cooking classes are going into their cupboards and throwing away processed foods and substituting real foods," she says. "Will I no longer be able to encourage people to do that?"

The answer to that question probably will become clearer over the next few months, as Michigan Governor Jennifer Granholm appoints a seven-person commission to oversee the licensing process and more clearly define the rules of what is and isn't allowed by those in the diet and nutrition business in Michigan.

Nutritional Misinformation

Battles like the one being fought in Michigan aren't unusual, and though they tend to take place below the public radar, they're monitored closely by associations that represent professionals, and stand to gain or lose members depending on the outcome. The stakes often extend beyond association enrollment. Becoming licensed gives professionals such as acupuncturists, naturopaths, massage therapists, and dieticians public recognition as serious providers, and, equally important, the legitimacy to charge higher fees and sometimes even to qualify for coverage by insurance companies.

Because licensing tends to open the marketplace for different categories of health-care providers, the "haves" often fight against the "have-nots," which explains why medical doctors have long fought against the licensing of other practitioners, such as naturopaths and acupuncturists.

But within an arena in which professional approaches and training can vary widely—from nutrition to massage—such official recognition can create friction among professionals. The pro-regulation professionals argue that state involvement helps "protect" consumers from unscrupulous providers. "The safety of the residents of Michigan is at risk due to unqualified persons giving nutrition misinformation," the MDA stated in testimony supporting the legislation.