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Tuned In: KDKA reporter sells pain cream on QVC; new local 'Survivor'
Friday, August 12, 2005

Viewers are accustomed to seeing Dr. Paul Nemiroff on KDKA-TV reporting on medical procedures, but some may have been surprised to see him peddling Joint Formula 88 joint pain relief cream ($21.90) on QVC Tuesday.

QVC's Web site (www.qvc.com) says the 4 oz. tube contains "powerful ingredients [that] offer fast, effective relief for joint and muscle pains associated with arthritis, simple neck and back aches, and strains." A photo of the box containing the tube of pain relief cream is emblazoned with the same photo of Nemiroff that can be seen on KDKA's Web site.

The idea of a TV reporter, who's also been a surgeon specializing in head and neck cancer and reconstructive surgery, hawking a cream on a home shopping channel is unusual and has the potential to create at least the appearance of a conflict of interest.

"Any time a journalist has personal business interests or professional connections that interlock with his journalistic role, it's possible to get into dicey ethical territory," said Bob Steele, The Nelson Poynter Scholar for Journalism Values at the Poynter Institute in St. Petersburg, Fla.

"Journalists ideally serve the public through accurate, fair substantive professional reporting that is not unduly influenced by any other loyalties the journalist may have."

Nemiroff, who works part time at KDKA, said he began developing the formula for his product in 1988 -- hence the "88" in its name.

"I was a cancer surgeon working on various cancer patients and a number of them had arthritis," he said. "I could cure their cancer in some cases, but I couldn't do anything about their arthritis... I have a Ph.D. from Purdue and started doing basic science research on how wounds heal."

Because he was working 80 to 100 hours per week, Nemiroff put his project aside until QVC came calling. (He said the call came from a QVC vice president and had nothing to do with Dave King, QVC on-air host and brother of KDKA's Patrice King Brown.) Discussions with QVC led nowhere until two years ago when the company contacted Nemiroff again about his product.

He agreed to produce the cream as long as he could have complete editorial control over how it was sold.

"I make no claims that are not realistic. I will never say it does anything other than temporarily relieve some pain. It doesn't cure arthritis or anything else," Nemiroff said. That was fine by QVC's legal department, which had its own stringent requirements.

Nemiroff said the product, which has camphor as its active ingredient, is an over-the-counter product and therefore not subject to Federal Drug Administration review, but it does comply with what Nemiroff called the FDA's strict requirements for topical pain relief creams.

"They will fine you, as will the FTC, if you make false statements or misleading statements," he said. "We have not ever been fined in 70,000 tubes sold, not even a cautionary note. ... We have almost uniformly received positive feedback from patients and folks who have used it."

Nemiroff and QVC began selling the product last September, and he'll again be on the channel sometime next month.

Steele said if Nemiroff and KDKA believe it's appropriate for him to sell this product and represent it on QVC, "they must build in multiple substantive safeguards."

"He should not be reporting on products or medical techniques in which he has a personal financial interest even if he's 100 percent above-board in separating those interests," Steele said.

Nemiroff said he takes great care not to bring his extracurricular work into any stories on KDKA.

"I've covered arthritis stories. I have never nor will I ever mention my product on KDKA," Nemiroff said. "That would cross the line."

KDKA news director John Verrilli said he was aware of Nemiroff's product.

"It's not my ideal situation," he said. "I make sure Paul doesn't do arthritis stories and I make sure there isn't an appearance of conflict of interest. He never talks about it on KDKA and he doesn't do local commercials.

"Unfortunately for me, it's an issue that's in his contract that was decided before [general manager] Chris [Pike] and I were here. I have to abide by the contact. ... My hope is everyone that works for the news department would be separate from any commercial product, and that is my hope going forward."

Steele said Verrilli's comments "indicate they are taking this matter seriously. They recognize some ethical potholes, and they are attempting to build in clear and substantive safeguards.

"That's essential, and in cases like this one, there should always be continuing vigilance to make sure the safeguards are working and well-intentioned individuals are always measuring up and protecting the integrity and credibility of the news organization and its journalism."

Another 'Survivor'

I'm done with the show and won't be watching it much this fall, but others who still care might like to know there's another Pittsburgher on CBS's "Survivor: Guatemala -- The Maya Empire" (8 p.m., Sept. 15).

Yesterday CBS announced the contestants for the 11th installment of the reality series, and they include 22-year-old Rafe Judkins, who was born in Salt Lake City, grew up in Pittsburgh and attended Sewickley Academy.

The cast also will include former NFL quarterback Gary Hogeboom.

New 'Neighborhood' on DVD

"Mister Rogers' Neighborhood: Going to School," the latest DVD release featuring two episodes of the classic PBS series, will be released Tuesday.

Priced at $14.98, the episodes, recommended for children age 2 and up, encourage children to communicate their feelings about embarking on the new experience of going to school.

Channel surfing

Cable channel G4 has picked up the non-exclusive rights to reruns of the one-season Fox series "Fastlane," which will air at 9 p.m. Sunday beginning this weekend (Court TV also has rights to the show and airs it weekend afternoons) ... ESPN has picked up and renewed NBC's "The Contender" for a second season to air in April 2006 .... The new season of "Independent Lens" on PBS will be hosted by Edie Falco ("The Sopranos"). She follows past hosts Angela Bassett, Don Cheadle and Susan Sarandon ... The Hollywood Reporter says "The Sopranos" may have an extended final season with as many as 20 episodes ... Due to low ratings, no doubt, Bravo's "Situation: Comedy," featuring Pittsburgh native Maxine Lapiduss, has been sent packing to 7 p.m. Friday, beginning tonight.

TV Q&A

This week's TV Q&A responds to questions about HDTV, commercial length and "American Dreams" on DVD. Read the online-only Q&A at www.post-gazette.com/tv.

First published on August 12, 2005 at 12:00 am
TV editor Rob Owen can be reached at rowen@post-gazette.com or 412-263-2582.