3.0.0 2044 2019-11-15T21:21:16Z 2019-11-15T21:21:16Z House H HR 2011-05-26 112 From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]By Mr. PAUL:H.R. 2044.Congress has the power to enact this legislation pursuantto the following:The Health Freedom Act is justified by the First Amendmentto the United States Constitution, which, by protecting thepeople's right of free speech, clearly gives Congress thepower to stop the executive branch from censoring speechrelated to the health benefits of foods and dietarysupplements.[Page H3757]]]> hsif00 Energy and Commerce Committee House Standing hsif14 Health Subcommittee Referred to 2011-06-03T18:28:07Z Referred to 2011-05-26T14:02:30Z 2011-06-03 hsif14 Health Subcommittee 1 House committee actions Referred to the Subcommittee on Health. Committee 2011-05-27 Sponsor introductory remarks on measure. (CR E972) IntroReferral B00100 9 Library of Congress 2011-05-26 Referred to the House Committee on Energy and Commerce. IntroReferral H11100 2 House floor actions hsif00 Energy and Commerce Committee 2011-05-26 Introduced in House IntroReferral Intro-H 9 Library of Congress 2011-05-26 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 2011-06-20 False Health Administrative law and regulatory procedures Civil actions and liability Consumer affairs Department of Health and Human Services Drug safety, medical device, and laboratory regulation Food and Drug Administration (FDA) Food supply, safety, and labeling Health promotion and preventive care Marketing and advertising Health 00 2011-05-26 Introduced in House 2011-08-02T21:02:15Z Health Freedom Act - Prohibits the federal government from preventing the use of a claim describing any nutrient in a food or dietary supplement as mitigating, treating, or preventing any disease, disease symptom, or health-related condition unless, in a final order following a trial on the merits, a federal court finds clear and convincing evidence, based on qualified expert opinion and published peer-reviewed scientific research, that: (1) the claim is false and misleading in a material respect; and (2) there is no less speech-restrictive alternative to claim suppression that can render the claim non-misleading. Defines the term "material" to mean that the Food and Drug Administration (FDA) has identified a competent consumer survey demonstrating that consumers decided to purchase the food or dietary supplement based on the portion of the claim alleged to be false or misleading.

Revokes all FDA rules prohibiting nutrient-disease relationship claims.

Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to deem a food to be misbranded only when its label includes a claim adjudicated to be false and misleading under this Act. Removes limits on health claims on food provided for in the FFDCA. 

Prohibits the government from preventing distribution of a publication concerning the sale of a food or dietary supplement unless: (1) it establishes that a claim contained in the publication names the specific food or supplement sold and represents that the food or supplement mitigates, treats, or prevents a disease; and (2) the claim is proven to be false and misleading in accordance with this Act.

]]> Health Freedom Act Short Titles as Introduced Health Freedom Act Display Title Health Freedom Act Official Title as Introduced To amend the Federal Food, Drug, and Cosmetic Act concerning claims about the effects of foods and dietary supplements on health-related conditions and disease, and for other purposes. Introduced in House 2011-05-26T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-112hr2044ih/xml/BILLS-112hr2044ih.xml 2011-06-03 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.