H.R.4282 - Health Freedom Protection Act

To amend the Federal Food, Drug, and Cosmetic Act concerning foods and dietary supplements, to amend the Federal Trade Commission Act concerning the burden of proof in false advertising cases, and for other purposes. view all titles (2)

All Bill Titles

  • Short: Health Freedom Protection Act as introduced.
  • Official: To amend the Federal Food, Drug, and Cosmetic Act concerning foods and dietary supplements, to amend the Federal Trade Commission Act concerning the burden of proof in false advertising cases, and for other purposes. as introduced.

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Introduced
 
House
Passes
 
Senate
Passes
 
President
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11/09/05
 
 
 
 
 
 
 

Official Summary

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

Official Summary

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.

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