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Health Freedom Protection Act (HR4282)
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| http://www.hr4282.org/paul.htm
Health Freedom Protection Act (HR4282)
BY: THE HON. RON PAUL OF TEXAS
BEFORE THE US HOUSE OF REPRESENTATIVES
November 10, 2005
Free Speech and Dietary Supplements
Mr. Speaker, I rise to introduce the Health Freedom Protection Act. This
bill restores the First Amendment rights of consumers to receive truthful
information regarding the benefits of foods and dietary supplements by
codifying the First Amendment standards used by federal courts to strike
down the Food and Drug Administration (FDA) efforts to censor truthful
health claims. The Health Freedom Protection Act also stops the Federal
Trade Commissions (FTC) from censoring truthful health care claims.
The American people have made it clear they do not want the federal
government to interfere with their access to dietary supplements, yet the
FDA and the FTC continue to engage in heavy-handed attempts to restrict such
access. The FDA continues to frustrate consumers' efforts to learn how they
can improve their health even after Congress, responding to a record number
of constituents' comments, passed the Dietary Supplement and Health and
Education Act of 1994 (DSHEA). FDA bureaucrats are so determined to
frustrate consumer access to truthful information that they are even evading
their duty to comply with four federal court decisions vindicating
consumers'
First Amendment rights to discover the health benefits of foods and dietary
supplements.
FDA bureaucrats have even refused to abide by the DSHEA section allowing the
public to have access to scientific articles and publications regarding the
role of nutrients in protecting against diseases by claiming that every
article concerning this topic is evidence of intent to sell a drug.
Because of the FDA's censorship of truthful health claims, millions of
Americans may suffer with diseases and other health care problems they may
have avoided by using dietary supplements. For example, the FDA prohibited
consumers from learning how folic acid reduces the risk of neural tube
defects for four years after the Centers for Disease Control and Prevention
recommended every woman of childbearing age take folic acid supplements to
reduce neural tube defects. This FDA action contributed to an estimated
10,000 cases of preventable neutral tube defects!
The FDA also continues to prohibit consumers from learning about the
scientific evidence that glucosamine and chondroitin sulfate are effective
in the treatment of osteoarthritis; that omega-3 fatty acids may reduce the
risk of sudden death heart attack; and that calcium may reduce the risk of
bone fractures.
The Health Freedom Protection Act will force the FDA to at last comply with
the commands of Congress, the First Amendment, and the American people by
codifying the First Amendment standards adopted by the federal courts.
Specifically, the Health Freedom Protection Act stops the FDA from censoring
truthful claims about the curative, mitigative, or preventative effects of
dietary supplements, and adopts the federal court's suggested use of
disclaimers as an alternative to censorship. The Health Freedom Protection
Act also stops the FDA from prohibiting the distribution of scientific
articles and publications regarding the role of nutrients in protecting
against disease.
This legislation also addresses the FTC's violations of the First Amendment.
Under traditional First Amendment jurisprudence, the federal government
bears the burden of proving an advertising statement false before censoring
that statement. However, the FTC has reversed the standard in the case of
dietary supplements by requiring supplement manufactures to satisfy an
unobtainable standard of proof that their statement is true. The FTC's
standards are blocking innovation in the marketplace.
The Health Freedom Protection Act requires the government bear the burden of
proving that speech could be censored. This is how it should be in a free,
dynamic society. The bill also requires that the FTC warn parties that their
advertising is false and give them a chance to correct their mistakes.
Mr. Speaker, if we are serious about putting people in charge of their
health care, then shouldn't we stop federal bureaucrats from preventing
Americans from learning about simple ways to improve their health. I
therefore call on my colleagues to stand up for good health care and the
First Amendment by cosponsoring the Health Freedom Protection Act.
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| Tim Dixon 2005-12-26, 12:53 am |
| QUIT CROSS-POSTING YOU IDIOT-- WE DON'T WANT YOUR IDIOTIC FRIENDS FOLLOWING
YOU BACK HERE EITHER
"JanD" <JanD@insightbb.com> wrote in message
news:0ADrf.6561263$_o.371626@attbi_s71...
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"Tim Dixon" <timgdixon-no-spam@cox.net> wrote in message
news:7FGrf.18045$LB5.12736@fed1read04...
> QUIT CROSS-POSTING YOU IDIOT-- WE DON'T WANT YOUR IDIOTIC FRIENDS
> FOLLOWING YOU BACK HERE EITHER
Do even think about telling me what to do. You can stop lying also.
>
> "JanD" <JanD@insightbb.com> wrote in message
> news:0ADrf.6561263$_o.371626@attbi_s71...
>
>
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