3.0.0 3394 2023-01-11T13:18:24Z 2023-01-11T13:18:24Z House H HR 2009-07-29 111 hsif00 Energy and Commerce Committee House Standing hsif14 Health Subcommittee Referred to 2009-07-30T15:39:05Z hsif17 Innovation, Data, and Commerce Subcommittee Referred to 2009-07-30T15:38:55Z Referred to 2009-07-29T14:03:42Z 2009-07-30 hsif14 Health Subcommittee 1 House committee actions Referred to the Subcommittee on Health. Committee 2009-07-30 hsif17 Innovation, Data, and Commerce Subcommittee 1 House committee actions Referred to the Subcommittee on Commerce, Trade and Consumer Protection. Committee 2009-07-29 Referred to the House Committee on Energy and Commerce. IntroReferral H11100 2 House floor actions hsif00 Energy and Commerce Committee 2009-07-29 Sponsor introductory remarks on measure. (CR E2086-2087) IntroReferral B00100 9 Library of Congress 2009-07-29 Introduced in House IntroReferral Intro-H 9 Library of Congress 2009-07-29 Introduced in House IntroReferral 1000 9 Library of Congress P000583 Rep. Paul, Ron [R-TX-14] RON PAUL R TX 14 N B001149 Rep. Burton, Dan [R-IN-5] DAN BURTON R IN 5 2009-07-29 True R000409 Rep. Rohrabacher, Dana [R-CA-46] DANA ROHRABACHER R CA 46 2009-07-30 False C001076 Rep. Chaffetz, Jason [R-UT-3] Jason Chaffetz R UT 3 2010-11-15 False Commerce Administrative remedies Books and print media Consumer affairs Evidence and witnesses Federal Trade Commission (FTC) Government studies and investigations Health technology, devices, supplies Marketing and advertising Medical research Nutrition and diet Commerce 00 2009-07-29 Introduced in House 2009-10-26T21:12:30Z Freedom of Health Speech Act - Amends the Federal Trade Commission Act to prohibit considering the content of any publication as advertising regulable under the Act unless the content is intended by a product seller to promote that product's sale and the content includes the name of the product, an express offer to sell, and a purchase price. Prohibits considering any content excerpted in whole or part from a peer-reviewed scientific publication as advertising regulable under the Act.

Prohibits the Federal Trade Commission (FTC) from beginning an investigation of possible false advertising regarding a dietary supplement or a dietary ingredient unless the FTC already possesses clear and convincing evidence that the advertisement is false and misleading.

Places the burden of proof on the FTC to show, by clear and convincing evidence, that an advertisement for a dietary supplement or dietary ingredient is false, that the advertisement actually caused consumers to be misled into believing to be true that which is false, and that, but for the false advertising content, the consumer would not have made the purchase at the price paid. Requires the FTC, if a claimed health benefit is alleged to be false advertising, to additionally establish, based on expert scientific opinion and published peer-reviewed scientific evidence, that the claim is false.

]]> Freedom of Health Speech Act Display Title Freedom of Health Speech Act Official Title as Introduced To amend the Federal Trade Commission Act concerning the burden of proof in false advertising cases involving dietary supplements and dietary ingredients. Introduced in House IH Short Titles as Introduced Freedom of Health Speech Act Introduced in House 2009-07-29T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-111hr3394ih/xml/BILLS-111hr3394ih.xml 2009-07-30 Referred to the Subcommittee on Health. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.