Announcement, Health Freedom Protection Act Introduced by Ron Paul

[Guest guest]

Thank you for your support of my Health Freedom Protection Act (HR

2117). Below are my official remarks on the bill from the

Congressional Record:

 

http://www.house.gov/paul/congrec/congrec2007/cr050207.htm

 

HON. RON PAUL OF TEXAS

Before the U.S. House of Representatives

 

May 2, 2007

 

Introducing the Health Freedom Protection Act

 

Madam 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 consumers'

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.

 

Madam 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.

 

Sincerely,

 

Ron Paul