I
105TH CONGRESS
2D SESSION
H. R. 4581
To amend the Federal Trade Commission Act to provide that certain adver-
tisements of a dietary ingredient or dietary supplement shall not be
considered to constitute an unfair or deceptive practice, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 16, 1998
Mr. CRAPO (for himself, Mr. CANNON and Mr. STUMP) introduced the
following bill; which was referred to the Committee on Commerce
A BILL
To amend the Federal Trade Commission Act to provide
that certain advertisements of a dietary ingredient or
dietary supplement shall not be considered to constitute
an unfair or deceptive practice, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Dietary Supplement
Fairness in Advertising Act’’.
SEC. 2. ADVERTISING OF DIETARY SUPPLEMENTS.
Section 5 of the Federal Trade Commission Act (15
U.S.C. 45) is amended by adding at the end the following:
‘‘(3) DETERMINATION
OF
COMPLIANCE.—Be-
fore the Commission makes a determination whether
an advertisement or advertiser is in compliance with
applicable provisions of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 301 et seq.) for purposes
of this subsection, an appropriate official of the
Commission shall ensure that the advertiser has the
opportunity to consult directly with any individual
with appropriate recognized scientific expertise that
advised the Commission concerning the applicability
of those provisions to the dietary ingredient or die-
tary supplement that is the subject of the advertise-
ment.
‘‘(4) DISCLOSURE OF CERTAIN STUDIES.—
‘‘(A) IN GENERAL.—The inclusion, in an
advertisement for a dietary ingredient or die-
tary supplement that meets the requirements of
paragraph (2)(A), of truthful information that
is not misleading concerning the usefulness or
potential usefulness of a dietary ingredient or
dietary supplement based on a study related to
that ingredient or supplement shall not be con-
sidered to be an unfair method of competition
or deceptive act or practice, in or affecting com-
merce for purposes of subsection (a) if that in-
formation meets the applicable requirements of
subparagraph (B).
‘‘(B) DISCLOSURE
REQUIREMENTS.—In-
formation described in subparagraph (A) relat-
ing to—
‘‘(i) an in vitro study, shall identify
the study in the advertisement as an in
vitro study and not a human study;
‘‘(ii) animal study, shall identify the
study in the advertisement as an animal
study and not a human study;
‘‘(iii) epidemiological study, shall iden-
tify the study in the advertisement as an
epidemiological study; or
‘‘(iv) any other type of study, shall
identify the type of study in the advertise-
ment.
‘‘(5) CONSENT AGREEMENT.—In any case in
which the Commission enters into a consent agree-
ment under this section relating to a complaint of
unfair method of competition, or deceptive act or
practice, in or affecting commerce concerning the
advertisement of a dietary ingredient or dietary sup-
plement, that agreement shall cover only the class of
dietary ingredients or dietary supplements that is
the subject of the complaint and may not apply to
any other class of products.’’.
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