claims under subparagraph (3)(B), shall publish 
notice of claims allowed or disallowed under 
subparagraph (3)(C) or (3)(E) no later than 
100 days after the petition for such claims is 
received by the Secretary, and shall not seek or 
grant any extensions of that deadline. Any fail-
ure by the Secretary to act within the 100-day 
period described in the preceding sentence shall 
result in authorization or allowance, as applica-
ble, of the petitioned claim by operation of 
law.’’; and 
(5) in the matter following clause (C) in sub-
paragraph (6), by adding at the end the following 
‘‘A statement for a dietary supplement under this 
subparagraph may include words that are recognized 
as signs or symptoms of disease or that among their 
commonly understood meanings imply the cure, miti-
gation, treatment, or prevention of disease so long as 
the statement does not include the name of a spe-
cific disease and is made in compliance with the re-
quirements of clause (C). A statement for a dietary 
supplement under this subparagraph may in support 
of the statement refer to or cite a scientific publica-
tion that has a title or contents that include the 
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name of a specific disease or a sign or symptom of 
a specific disease.’’. 
SEC. 4. DIETARY SUPPLEMENT LABELING EXEMPTIONS. 
Section 403B of the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 343–2) is amended to read as fol-
lows: 
‘‘FOOD AND DIETARY SUPPLEMENT LABELING 
EXEMPTION 
‘‘SEC. 403B. A truthful and nonmisleading scientific 
publication reprinted in its entirety and used in connection 
with the sale of a food or dietary supplement to consumers 
shall not be defined as labeling and shall not be deemed 
evidence of an intent to sell a drug. The Secretary shall 
not restrict in any way whatsoever the distribution of any 
publication exempt from labeling under this section.’’. 
SEC. 5. HEALTH INFORMATION. 
Section 5 of the Federal Trade Commission Act (15 
U.S.C. 45) is amended by adding at the end the following: 
‘‘(o) ADVERTISING OF DIETARY SUPPLEMENTS AND 
DIETARY INGREDIENTS.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) DIETARY
SUPPLEMENT.—The term 
‘dietary supplement’ has the meaning given to 
that term in section 201(ff) of the Federal 
Food, Drug, and Cosmetic Act. 
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‘‘(B) DIETARY
INGREDIENT.—The term 
‘dietary ingredient’ means an ingredient listed 
in clause (A) through (F) of section 201(ff)(1) 
of the Federal Food, Drug, and Cosmetic Act 
that is included in, or that is intended to be in-
cluded in, a dietary supplement. 
‘‘(2) EXEMPTIONS FROM REGULATION AS AD-
VERTISING.— 
‘‘(A) Insofar as a publication is exempt 
pursuant to Section 403B of the Federal Food, 
Drug, and Cosmetic Act, the publication is also 
exempt from regulation as ‘advertising’ under 
this Act. 
‘‘(B) A truthful and accurate summary of 
the findings of a peer-reviewed medical, nutri-
tional, or other scientific publication shall not 
be subject to regulation as ‘advertising’ under 
this Act. 
‘‘(3) NO IMPLIED CLAIMS.—In any investiga-
tion commenced by the Commission and in any adju-
dicative proceeding in which the Commission is a 
party, the Commission shall not attribute to an ad-
vertiser accused of false advertisement any adver-
tising statement not actually made by that adver-
tiser. 
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‘‘(4) NOTICE, OPPORTUNITY
TO
CURE, AND 
BURDEN OF PROOF FOR INVESTIGATION.— 
‘‘(A) Before the Commission authorizes an 
investigation of false advertisement by an ad-
vertiser of a dietary supplement or a dietary in-
gredient, the Commission shall send the adver-
tiser a written ‘Notice of Suspected Violation 
and Opportunity to Cure’ informing the adver-
tiser of— 
‘‘(i) the precise advertising statement 
that the Commission suspects may be false 
or misleading; 
‘‘(ii) the scientific basis for the Com-
mission’s view that any statement of health 
benefit may be false or misleading; and 
‘‘(iii) a date certain, not less than 30 
days after the date of the advertiser’s re-
ceipt of the notice, by which the advertiser 
may voluntarily discontinue further use of 
the statement the Commission suspects 
may be false or misleading and, upon so 
doing, the advertiser shall not be subject to 
an investigation of false advertisement by 
the Commission for the statement. 
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‘‘(B) The Commission shall not commence 
any investigation of an advertiser of a dietary 
supplement or a dietary ingredient to determine 
whether the advertiser has disseminated a false 
advertisement unless it possesses before the 
commencement of such investigation proof by a 
preponderance of the evidence that the adver-
tisement is false and misleading. 
‘‘(5) BURDEN OF PROOF FOR FALSE ADVER-
TISEMENT
CASES.—In any proceeding before a 
Court or the Commission in which an advertiser of 
a dietary supplement or a dietary ingredient is 
charged with deceptive advertising, the burden of 
proof shall be on the Commission to establish that 
the advertisement is false and misleading and that 
the advertisement actually causes consumers to be 
misled into believing to be true that which is demon-
strably false. No order adverse to the advertiser 
shall be entered except upon the Commission satis-
fying that burden of proof.’’. 
Æ 
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