Health Freedom Protection Act

Bill: 110-hr-2117
Sponsor: Rep. Paul, Ron [R-TX-14]
Introduced: 2007-05-02 in the House
Policy area: Agriculture and Food
Subjects: Administrative procedure
Administrative remedies
Arthritis
Bone fractures
Calcium
Cardiovascular diseases
Commerce
Communication in medicine
Communication in science
Conflict of interests
Deceptive advertising
Department of Health and Human Services
Dietary supplements
Drug advertising
Evidence (Law)
Federal Trade Commission
Federal advisory bodies
Government Operations and Politics
Government publications
Governmental investigations
Health
Independent regulatory commissions
Labeling
Law
Medicinal plants
Nutrition
Oils and fats
Periodicals
Preventive medicine
Science, Technology, Communications

Summary:
action_date: 2007-05-02
text: 
Health Freedom Protection Act - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to provide that a food or dietary supplement is not a drug solely because the label or labeling contains a claim to cure, mitigate, treat, or prevent disease.
 
Prohibits the Secretary of Health and Human Services from: (1) restricting the reprinting and distribution or sale of any U.S. government publication or any accurate quotations of such a publication, including content concerning nutrients and disease treatment or prevention; or (2) construing the distribution or sale of, or accurate quotation from, such a publication in connection with the sale of a food or dietary supplement as evidence of an intent to sell that food or dietary supplement as a drug.
 
Requires the Secretary to allow claims on food or nutrient labeling that characterize the relationship of a nutrient to the cure, mitigation, treatment, or prevention of a disease (with no more than a three-sentence disclaimer) unless the Secretary proves by clear and convincing evidence that: (1) there is no scientific evidence that supports the claim; and (2) the claim is inherently misleading and incapable of being rendered nonmisleading through the addition of a disclaimer.
 
Authorizes the use of specified health claims on the label of all foods and dietary supplements, including claims related to saw palmetto, omega-3 fatty acids, glucosamine, and calcium.
 
Allows a statement for a dietary supplement to include words that are recognized as signs or symptoms of disease so long as the statement does not include the name of a specific disease. 
 
Amends the Federal Trade Commission Act to exempt from being regulated as advertising: (1) government publications exempted from reprinting or distribution restrictions under FFDCA; or (2) accurate summaries of scientific publications. Places the burden of proof that an advertisement for a dietary supplement or ingredient is false and misleading on the Federal Trade Commission.


Legislative actions:
action_date: 2007-05-02
text: Referred to the Subcommittee on Commerce, Trade and Consumer Protection.
action_date: 2007-05-02
text: Referred to the Subcommittee on Health.
action_date: 2007-05-02
text: Referred to the House Committee on Energy and Commerce.
action_date: 2007-05-02
text: Sponsor introductory remarks on measure. (CR E925)
action_date: 2007-05-02
text: Introduced in House
action_date: 2007-05-02
text: Introduced in House