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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.
