Unlicensed “health coach” claims health advice is free speech—court disagrees

Enlarge / Unlicensed "health coach" Heather Del Castillo (credit: Institute for Justice)

A federal court on Wednesday rejected claims by an unlicensed "health coach" that the unqualified health advice she provided to paying clients was protected speech under the First Amendment.

In rejecting her claim, the court affirmed that states do indeed have the right to require that anyone charging for health and medical services-in this case, dietetics and nutrition advice-be qualified and licensed. (State laws governing who can offer personalized nutrition services vary considerably, however.)

Heather Del Castillo, a "holistic health coach" based in Florida, brought the case in October of 2017 shortly after she was busted in an undercover investigation by the state health department. At the time, Del Castillo was running a health-coaching business called Constitution Nutrition, which offered a personalized, six-month health and dietary program. The program involved 13 in-home consulting sessions, 12 of which cost $95 each.

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