Print Digg

Article

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 public.
 
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 public.
 
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

PEARL

The Biosyntrx founders, staff and scientific advisory board reject false and misleading dietary supplement advertising, as does the Washington D.C. based, Council for Responsible Nutrition.
 
We urge Friday Pearl readers to write your Congressional Representatives and Senators to request that they support each one of Ron Paul's bills. Together, we can make a difference in an issue that is crucially important to both our fundamental rights as U.S. citizens, and to our individual and our nations health.

Crestpoint Management, LTD instrument announcement:
Deitz ICL Loading Forceps 2-770N

References

OpenCongress for the 111th United States Congress - http://www.opencongress.org/
 
H.R.3394 - Freedom of Health Speech Act  http://www.opencongress.org/bill/111-h3394/show
 
H.R.3395 -  To amend the Federal Food, Drug, and Cosmetic Act concerning claims about the effects of foods and dietary supplements on health-related conditions and disease, and for other purposeshttp://www.opencongress.org/bill/111-h3395/blogs?sort=toprated
 
H.R. 3396 - To amend title 5, United States Code, to prohibit agencies from enforcing rules that result in a specified ecomonic impact until the requirements of those rules are enacted into law by an Act of Contress, and for other purposes. http://www.opencongress.org/bill/111-h3396/show