U.S. Congress - H.R.3394 Freedom of Health Speech Act
H.R.3394 - Freedom of Health Speech Act
To amend the Federal Trade Commission Act concerning the burden of proof in false advertising cases involving dietary supplements and dietary ingredients. view all titles (2)
All Bill Titles
- Official: To amend the Federal Trade Commission Act concerning the burden of proof in false advertising cases involving dietary supplements and dietary ingredients. as introduced.
- Short: Freedom of Health Speech Act as introduced.
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The burden of proof is worrisome in H.R.3394:
“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 clear and convincing evidence that the advertisement is false and misleading.” Isn’t the purpose of investigation, by definition, the search for clear and convincing evidence?
Sounds like time to start investing in snake oil.
Sometimes I can be persuaded to like Ron Paul. But other times—like when I was reading this bill—I’m reminded of just how frightening the whole libertarian philosophy can be.
I really don’t get how making it as difficult as possible to investigate potential fraud makes people more free. Can anyone really make a claim that this bill helps anyone other than people who intend to defraud their customers? I can’t imagine that people selling drugs that actually work are clamoring for this legislation.