Detailed Instructions: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Problem:SECTION 1. SHORT TITLE.

This Act may be cited as the ''Free Speech About Science Act of
2011''.

SEC. 2. FINDINGS.

The Congress finds the following:
(1) Federal regulators have forbidden--
(A) cherry growers and food producers to cite
independent and respected scientific research on their
produce that references health benefits; and
(B) a variety of dietary supplement makers to cite
independent scientific research on health benefits from
supplements from respected, peer-reviewed scientific
journals.
(2) Americans want access and have a right to access
legitimate scientific information about foods and dietary
supplements to ensure informed decisions about diet and health
care. While the American public is inundated daily with
advertisements about prescription drugs for health conditions,
many of which could be prevented through lifestyle changes,
proper nutrition, and informed use of dietary supplements,
Americans are denied access to the very information that
assists in making informed lifestyle and health care decisions.
(3) Providing access to scientific information promotes
self-responsibility, thereby empowering Americans to exercise
independent judgment in caring for themselves and ultimately
reducing health care costs and improving quality of life.
(4) The United States has a long commitment to the free
dissemination of scientific research with the exception of
limited extreme situations for national security. This
commitment goes back to the First Amendment to the Constitution
and has contributed vitally to the Nation's economic progress.

SEC. 3. MISBRANDED FOOD AND DIETARY SUPPLEMENTS.

Section 403(r) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 343(r)) is amended--
(1) in subparagraph (3)--
(A) by redesignating clause (D) as clause (E);
(B) by inserting after clause (C) the following:
''(D) Notwithstanding the provisions of clauses (A)(i) and (B), a
claim of the type described in subparagraph (1)(B) which is not
authorized by the Secretary in a regulation promulgated in accordance
with clause (B) shall be authorized and may be made with respect to a
food if--
''(i) the claim is based on legitimate scientific research;
''(ii) the claim and the food for which the claim is made
are in compliance with clause (A)(ii) and are otherwise in
compliance with paragraph (a) and section 201(n);
''(iii) the claim is stated in a manner so that the claim--
''(I) is an accurate balanced summary of such
research; and
''(II) enables the public to comprehend the
information provided in the claim and the relative
significance of such information in the context of a
total daily diet;
''(iv) the claim includes a citation to such research; and
''(v) the claim identifies each party that funded such
research.'';
(C) in clause (E), as so redesignated, by striking
''clause (C)'' each place it appears and inserting
''clause (C) or (D)''; and
(D) by adding at the end the following:
''(F) In this subparagraph, the term 'legitimate scientific
research' means scientific research, whether performed in vitro, in
vivo, in animals, or in humans, that--
''(i) is conducted in accordance with sound scientific
principles;
''(ii) has been evaluated and accepted by a scientific or
medical panel; and
''(iii) has been published in its entirety, or as an
accurate, balanced summary or scientific review including a
citation to the research in its entirety, in--
''(I) a peer-reviewed article or book;
''(II) a recognized textbook;
''(III) a peer-reviewed scientific publication; or
''(IV) any publication of the United States
Government (including ones published by or at the
request of a Federal department, agency, institute,
center, or academy).'';
(2) by amending subparagraph (6) to read as follows:
''(6)(A) For purposes of subparagraph (1)(B), a statement for a
dietary supplement may be made if--
''(i) the statement claims a benefit related to a classical
nutrient deficiency condition and discloses the prevalence of
such condition in the United States, describes the role of a
nutrient or dietary ingredient intended to affect the structure
or function in humans, characterizes the documented mechanism
by which a nutrient or dietary ingredient acts to maintain such
structure or function, or describes general well-being from
consumption of a nutrient or dietary ingredient;
''(ii) the manufacturer of the dietary supplement has
substantiation that such statement is truthful and not
misleading;
''(iii) the statement contains, prominently displayed and
in boldface type, the following: 'This statement has not been
evaluated by the Food and Drug Administration. This product is
not intended to diagnose, treat, cure, or prevent any
disease.'; and
''(iv) the statement does not claim to diagnose, mitigate,
treat, cure, or prevent a specific disease or class of
diseases.
''(B) Notwithstanding subparagraph (1)(B), a statement for a
dietary supplement may be made if--
''(i) the statement claims to diagnose, mitigate, treat,
cure, or prevent a specific disease or class of diseases, based
on legitimate scientific research (as defined in subparagraph
(3)(F));
''(ii) the manufacturer of the dietary supplement has
substantiation that such statement is truthful and not
misleading;
''(iii) the statement contains, prominently displayed and
in boldface type, the following: 'This statement has not been
evaluated by the Food and Drug Administration.';
''(iv) the claim includes a citation to the research
referred to in subclause (i); and
''(v) the claim identifies each party that funded such
research.
If the manufacturer of a dietary supplement proposes to make a
statement described in clause (A) or (B) in the labeling of the dietary
supplement, the manufacturer shall notify the Secretary no later than
30 days after the first marketing of the dietary supplement with such
statement that such a statement is being made.''; and
(3) by adding at the end the following:
''(8) Subject to subparagraph (1) (relating to claims in the label
or labeling of food), the Secretary shall take no action to restrict in
any way the distribution of information that is not false or misleading
on legitimate scientific research (as defined in subparagraph (3)(F))
in connection with the sale of food.''.

SEC. 4. FALSE ADVERTISING.

(a) Dissemination of Legitimate Scientific Research in Connection
With Sale or Distribution of Food or Dietary Supplement.--Section 12 of
the Federal Trade Commission Act (15 U.S.C. 52) is amended by adding at
the end the following:
''(c)(1) The dissemination of legitimate scientific research in
connection with the sale or distribution of a food or dietary
supplement to consumers shall not be determined to be false advertising
by virtue of the fact that the research does not directly correlate to
the type of food or dietary supplement (including any component
thereof) being sold or distributed if the dissemination includes a
clear disclosure that the research does not directly correlate to such
type of food or dietary supplement.
''(2) In any proceeding under section 13, the burden of proof shall
be on the Commission to establish that the literature being
disseminated is not legitimate scientific research.''.
(b) Definitions.--Section 15 of the Federal Trade Commission Act
(15 U.S.C. 55) is amended by adding at the end the following:
''(g) The term 'dietary supplement' has the meaning given to such
term in section 201 of the Federal Food, Drug, and Cosmetic Act.
''(h) The term 'legitimate scientific research' has the meaning
given to such term in section 403(r) of the Federal Food, Drug, and
Cosmetic Act.''.
Solution:
Free Speech About Science Act of 2011 - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to set forth conditions under which a food or dietary supplement label may characterize the relationship of a nutrient in the food or supplement to a disease or health-related claim. Permits such a label on food if the claim: (1) is based on legitimate scientific research; (2) is in compliance with other FFDCA provisions; (3) is an accurate, balanced summary of such research; (4) enables the public to comprehend the information provided in the claim and the relative significance of such information in the context of a total daily diet; and (5) identifies each party that funded research to support the claim.

Permits such a label on a dietary supplement that claims to diagnose, treat, cure, or prevent a specific disease or class of diseases if: (1) the claim is based on legitimate scientific research; (2) the manufacturer has substantiation that such statement is truthful and not misleading; (3) the statement includes a disclaimer that it has not been evaluated by the Food and Drug Administration (FDA); and (4) the claim includes a citation to the research supporting such claim and identifies each party that funded such research.

Prohibits the Secretary of Health and Human Services (HHS) from restricting the distribution of information that is not false or misleading and that is based on legitimate scientific research in connection with the sale of food.

Amends the Federal Trade Commission Act to exempt the dissemination of legitimate scientific research in connection with the sale or distribution of a food or dietary supplement to consumers from being determined to be false advertising by virtue of the fact that the research does not directly correlate to such food or dietary supplement if the dissemination discloses that information. Places the burden of proof on the Federal Trade Commission (FTC) to establish that the literature being disseminated is not legitimate scientific research.