Five unproven diagnostic machines. Three countries. Thirty years. Every single time one of them has been reached by the law, it was reached through some other handle — unlicensed practice, false advertising, elder abuse, import control, a title offence. Nobody, anywhere, has been convicted for selling a diagnosis that does not work.
The rest of this section documents five machines one at a time. Read individually, each one produces the same shrug: an unproven device, some regulatory noise, no consequences. Five separate gaps look like five separate failures of attention.
Set them beside one another and something else appears. The gap is in the same place every time.
| Device | Canada | United States | Elsewhere | Ever convicted for the device? |
|---|---|---|---|---|
| Breast thermography | Nothing No charge, no fine, no college decision. Advisories in 2012 and 2017; a border alert and letters with no published outcome. | Letters, one licence Six FDA warning letters, January 2011 to February 2019. One California chiropractic licence surrendered in March 2023 — a settlement, not a finding. No charge. | Not searched | No |
| EAV / Vegatest | Administrative Four device licences suspended in 2002 — stops sale and import, takes no money, penalises nothing sold beforehand. One physician disciplined by the CPSO over twenty years, in which Vegatest use formed part of the finding. One anonymised letter of counsel. | Nothing located | Not searched | No |
| Zapper / Syncrometer | Nothing No advisory, recall, licence action or prosecution naming the devices or their maker. | Civil only FTC complaint, January 2003, under Operation Cure.All. Resolved by a settlement order carrying no admission. Refunds to American consumers only. An earlier Indiana criminal charge did not proceed — see the note below on how it ended. | Not searched | No |
| EPFX / QXCI / SCIO | Unverifiable A February 2009 ban is asserted everywhere and traceable only to two CBC broadcasts. No departmental instrument located. | Import control Barred by FDA import alert, January 2008. The developer was charged criminally and left the country; see the note below. | Marketed on a separate European registration | No |
| Live blood analysis | Nothing No college decision, advisory or Competition Bureau proceeding located. | Prison Its foremost promoter convicted in 1996, 2016 and February 2025; sentenced in May 2025 to five years eight months. The counts were practising medicine without a licence, elder abuse and theft — not the diagnostic claim. | Convicted United Kingdom: nine counts under the Cancer Act 1939 in March 2014, seven counts against a second practitioner in May 2014, and a further conviction with a Criminal Behaviour Order in April 2018. | Only in the UK |
Read down the last column. In two countries, across five devices and three decades, the number of people convicted for selling an unproven diagnosis is zero.
The EPFX developer. Sources consistently record that he faced criminal charges in the United States and that he has lived in Hungary since. We have not established what the charges were, whether they remain outstanding, or whether extradition was ever sought. The table therefore says charged and departed, and not "never tried," which would be our inference rather than a finding.
The Indiana charge against Hulda Clark. Our own material says two different things: that the charge was dropped, and that it was dismissed on jurisdictional grounds. Those are not the same, and until we resolve it from the court record the table says only that it did not proceed. If you hold the disposition, we would like it.
Promotional material and critical material both tend to collapse these into "action was taken" or "nothing happened." Neither is accurate, and the difference between them is where this section's argument lives.
| Kind of action | What it does | What it does not do | Found on these devices? |
|---|---|---|---|
| Criminal prosecution | Charges an individual. Can imprison. Creates a public finding after a trial or a plea. | Requires a prosecutor to decide the conduct is worth charging. | Never for the device Only ever for adjacent offences — unlicensed practice, elder abuse, theft — or, in the UK, for the advertising. |
| Civil enforcement | An agency sues. Can obtain orders, prohibitions and money. | Usually settles. Settlement orders routinely carry no admission of anything. | Once The 2003 FTC action, settled with no admission, refunds limited to Americans. |
| Administrative measure | Suspends a licence, stops an import, issues an advisory. Fast, and requires no court. | Takes no money. Penalises nothing already sold. Does not reach a machine already sitting in an office. | The bulk of the record The 2002 Canadian licence suspensions, the 2008 US import alert, the 2012 advisory and border alert, six FDA letters. |
| Professional discipline | Reaches the practitioner rather than the product. Can impose conditions, or end a career. | Only touches people who hold a licence — and many operators of these devices hold none. | Twice One Ontario physician over twenty years; one California chiropractic licence surrendered in 2023. No Canadian naturopathic decision naming any of these devices. |
The obvious objection to everything above is that selling a useless diagnostic test may simply not be an offence, and that regulators are doing what the statutes allow. The record says otherwise. The same systems, in the same countries, in the same period, have moved hard on comparable conduct.
| Case | Where | Outcome | What it proves |
|---|---|---|---|
| QLaser | South Dakota | 12 years | A low-level laser sold on cancer claims. Civil injunctions in 2015, defied; criminal conviction and a twelve-year sentence in 2018, with two distributors also imprisoned — one of them a resident of Ontario, sentenced in an American court while Canada did nothing. The full escalation ladder, used end to end. See Who has actually been charged. |
| Mail-order cancer testing | South Dakota | 9 years | Bogus diagnosis by post — blood, saliva and hair samples, followed by a cancer finding and a supplement sale. Mail fraud and misbranding. Nine years in federal prison. A fraudulent diagnostic is chargeable when somebody charges it. |
| Unlicensed lasers and IPL | Quebec | $68,593 | Guilty plea in Quebec Provincial Court, December 2021. Selling and advertising unlicensed devices, false statements to inspectors, interfering with seized devices. Health Canada does seize hardware and does prosecute — over hair-removal equipment. |
| Slimming machine | Quebec | $70,000 | Competition Tribunal, September 2006. Administrative penalties and a ten-year prohibition order over performance claims not based on adequate and proper testing. The Competition Act route works on health-device claims, requires no professional licence, and has never been pointed at any device in the grid above. |
| Cancer advertising | United Kingdom | Convicted | One London council's trading standards office read a website, prosecuted under a 1939 statute, won on nine counts, won the appeal, and returned four years later for a Criminal Behaviour Order when the defendant carried on. Total public cost: one investigating officer's time. |
Everything above is our assembly of the record. The following is not. It is a description of the same gap, given to a national broadcaster twenty years ago, by the official then responsible for cancer screening programs in Ontario.
On 23 May 2006 CBC News ran a story headed Unproven breast cancer screening test may steer women away from mammograms. It reported that women were paying more than $200 for a temperature-based alternative to mammography. A naturopath from a company arranging thermography clinics across Canada said the scan was 88 per cent effective at finding circulation problems, though it could not say whether a woman had breast cancer — and that where a scan showed hot areas, she treated them with herbs and botanical medicine so they would not develop into a tumour.
Dr. Verna Mai, who headed screening programs for Cancer Care Ontario, answered that there was no good, sound evidence that such remedies prevent breast cancer, and that women choosing thermography over mammography in the belief that the two are equivalent are being terribly misled.
She then explained why nobody was stopping it.
Health Canada regulates the promotion of drugs and treatments but not of screening tests — making thermography, in her words, a case of buyer beware.
So a woman searching in 2026 finds a federal warning the department itself flags as no longer maintained, and clinic websites updated this month. The 2017 update also announced exactly what the 2012 advisory had announced — that Health Canada would follow up with manufacturers and work with the Canada Border Services Agency. Five years apart, the same two measures, and no outcome published for either.
Everything below this line is our argument. Everything above it is checkable, and a reader who rejects our conclusion should still be able to use the tables.
Put the three tables together and the conclusion is hard to avoid. The conduct is chargeable — a man in South Dakota got nine years for posting people a fake cancer diagnosis. The statutes exist in Canada — the Competition Act produced $70,000 against a slimming machine in 2006 and has sat unused on every device in this section ever since. The investigators exist, and they seize hardware, as a Laval company found in 2021. And where a jurisdiction has a purpose-built offence, as Britain does, a single council officer was enough to secure convictions twice.
So the empty column is not a gap in the law. It is a gap in what anybody has decided to charge.
We think there is a reason, and it is structural rather than sinister. These devices sit precisely in the seam — and, as the section above records, that seam was described publicly in 2006 by the head of screening at Cancer Care Ontario, who called the result buyer beware. Health Canada regulates the product, and its instruments stop at the establishment door. The colleges regulate the practitioner, and many operators hold no licence for a college to reach. The Competition Bureau regulates the claim, and nobody has brought it a file. Each body can point to another body's jurisdiction, and each is correct. The machine in the room belongs to none of them.
The other reason is that nothing forces the issue. Almost every correction documented across this section — the 2002 front-page objection, the radiologists' letters, the 2006 broadcast, the 2016 newspaper investigation, the television programme that produced an advisory the following day — was generated by a journalist or a physician acting on their own initiative. Regulators moved when publicity arrived and stopped when it left. That is not a system of patient protection. It is a system that responds to embarrassment.
We would rather this page went out of date. Four things would do it, and none requires new legislation.
Every entry in these tables is documented, with citations, on the page for the device concerned: breast thermography and its enforcement record; EAV and the Vegatest; the Zapper and the Syncrometer; the Quantum Xrroid; and live blood analysis. The Canadian regulatory record in full, including the provincial college tables and the payer determinations, is in the regulatory tables. The comparison cases in the third table are documented on Who has actually been charged and in the regulatory tables.
The 2006 material is from CBC News, "Unproven breast cancer screening test may steer women away from mammograms," posted 23 May 2006. The federal statements are Health Canada's advisory of 28 November 2012, "Thermography Machines not Authorized to Screen for Breast Cancer," and its Information Update of 28 September 2017, "Health Canada reminds Canadians that thermograms are not a substitute for mammograms for breast cancer screening" (identification number RA-64636), the latter now carried in the Government of Canada web archive.
This page is the most correctable thing on the site, because a single new decision anywhere changes a cell. If you know of a prosecution, penalty, order, undertaking or published discipline decision concerning any of these five devices — in any country, from any body — send the citation and the grid will be amended. Corrections that fill an empty cell are the most valuable thing anyone can send us, and they will be published whether or not they suit the argument above. We would particularly welcome the disposition of the Indiana charge, and the detail of the American charges against the developer of the EPFX.