As a local fitness instructor, she had already attracted a loyal following. Her clients knew Donna was passionate and knowledgeable about nutrition and physical fitness, so many began turning to her for weight-loss advice. Some even suggested she start private classes, offering to pay for her services. So, Donna decided to make the plunge. She would become an entrepreneur.
She began offering an eight-week weight loss program at the beginning of 2020 and had 70 participants signed up immediately.
“When I learned I would have to cancel my weight-loss class, I was devastated,” said Harris. “People were counting on me and they were so excited about learning how to lose weight in a healthy way, and they were so disappointed when I told them I was not going to be able to go through with the program. I felt like my dreams had been crushed.”
Donna’s website included disclaimers that she wasn’t a registered dietician, and that she would only be providing weight loss strategies and would not be offering information to treat specific medical conditions. And Mississippi law specifically exempts people offering “general nutrition information as to the use of foods, food materials, or dietary supplements” from the licensure requirements.
The department claimed that Donna and others are only allowed to provide government-approved guidelines, such as the Food Pyramid and myplate.gov, not provide the advice she was offering.
To satisfy the state, and avoid jail time and fines, Donna would have to complete 1,200 hours of training that she doesn’t need or have the time to complete as a busy mom.
In Mississippi, we should be encouraging people like Donna to follow their dreams, start businesses, create jobs, and teach people how to eat healthier. We shouldn’t be putting unconstitutional red tape in their way.
Aaron Rice
Director
Mississippi Justice Institute |
