2009 Health Freedom Bills
Friday, August 14, 2009
Congressman Ron Paul has introduced three bills to address FDA and
FTC censorship of nutritional supplement health claims. We join
our state-of-the-art manufacturing partner, Vitamin Research Products
(VRP), in support of these important bills.
Health Freedom Act (HR
3395). This bill removes FDA’s power of prior restraint over all
nutrient-disease relationship statements. Under this bill, FDA may not
prohibit any statement concerning a nutrient affecting a disease
(including treatment effects) from being made in the market. The FDA may only act against a statement if the agency possesses clear and convincing evidence that the statement is false.
Presently, the FDA can block a large amount of truthful
information concerning the effects of nutrients and foods on disease
from reaching consumers, including a statement as simple as, "Vitamin C
prevents scurvy." The Health
Freedom Act removes that barrier while preserving the government’s
power to prosecute those who communicate falsehood.
The First Amendment is meant to disarm the federal government of
the power to impose a prior restraint on speech. Yet, the FDA has
imposed a prior restraint for decades, to the health detriment of the
Freedom of Health Speech Act (HR
3394). This bill prevents the Federal Trade Commission from taking
action against any advertiser that communicates a health benefit for a
product, unless the FTC
first establishes, based on clear and convincing evidence, that the
statement made is false, and that its communication causes harm to the
Presently, the FTC reverses the Fifth Amendment burden of proof on
the government when it charges advertisers with deceptive advertising
and then demands that they prove their speech true or otherwise be
deemed to have advertised deceptively.
The Fifth Amendment requires that the FTC bear the burden of proving advertising deceptive.
The First Amendment requires that the FTC not act against speech
unless the speech is provably false. It may not constitutionally accuse
a party of false advertising yet lack proof that the advertising is
false and condemn advertising based on an absence of documentation
concerning the truth of the statement rather than the presence of
evidence establishing the statement’s falsity.
Congressional Responsibility Act (HR
3396). This bill prohibits regulations from regulatory agencies from
going into effect unless passed into law by Congress in the way in
which the Constitution designates.
Under Article I of the Constitution, our elected representatives are the ones given the exclusive power to make laws.
Ellen Troyer, MT MA
Biosyntrx Chief Research Officer