H.R.3395 - Health Freedom Act
To amend the Federal Food, Drug, and Cosmetic Act concerning claims about the effects of foods and dietary supplements on health-related conditions and disease, and for other purposes. view all titles (2)
All Bill Titles
- Official: To amend the Federal Food, Drug, and Cosmetic Act concerning claims about the effects of foods and dietary supplements on health-related conditions and disease, and for other purposes. as introduced.
- Short: Health Freedom Act as introduced.
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Official Summary
7/29/2009--Introduced.Health Freedom Act - Prohibits the federal government from preventing the use of a claim describing any nutrient in a food or dietary supplement as mitigating, treating, or preventing any disease, disease symptom, or health-related condition, unless in a final order fOfficial Summary
7/29/2009--Introduced.Health Freedom Act - Prohibits the federal government from preventing the use of a claim describing any nutrient in a food or dietary supplement as mitigating, treating, or preventing any disease, disease symptom, or health-related condition, unless in a final order following a trial on the merits a federal court finds clear and convincing evidence based on qualified expert opinion and published peer-reviewed scientific research that:(1) the claim is false and misleading in any material respect; and
(2) there is no less speech restrictive alternative to claim suppression that can render the claim non-misleading. Amends the Federal Food, Drug, and Cosmetic Act to deem a food or dietary supplement for which a claim characterizing the relationship of a nutrient to a disease or health-related condition not to be included in the definition of "drug" solely because of such claim. Revokes all Food and Drug Administration (FDA) rules prohibiting nutrient-disease relationship claims. Revises the criteria for deeming a food misbranded when a claim for a nutrient is made. Revises dietary supplement labeling exemptions to prohibit the government from preventing distribution of a publication concerning the sale of a food or dietary supplement unless:
(1) it establishes that a claim contained in the publication names the specific food or supplement sold and represents that the food or supplement mitigates, treats, or prevents a disease; and
(2) the claim is proven to be false and misleading in any material respect by final order of a federal court in accordance with this Act.
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U.S. Congress - H.R.3395 Health Freedom Act



