3.0.0 2045 2019-11-15T21:19:53Z 2019-11-15T21:19:53Z House H HR 2011-05-26 112 [Pages H3757-H3758]From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]By Mr. PAUL:H.R. 2045.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 require federal agencies to bear[[Page H3758]]the burden of proof when bringing legal actions to restrictthe dissemination of information related to the healthbenefits of foods and dietary supplements.]]> hsif00 Energy and Commerce Committee House Standing hsif17 Innovation, Data, and Commerce Subcommittee Referred to 2011-06-03T18:28:20Z Referred to 2011-05-26T14:02:35Z 2011-06-03 hsif17 Innovation, Data, and Commerce Subcommittee 1 House committee actions Referred to the Subcommittee on Commerce, Manufacturing, and Trade. 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 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 2011-05-26 Introduced in House 2011-09-27T17:58:45Z Freedom of Health Speech Act - Amends the Federal Trade Commission Act to prohibit the content of any publication from being considered advertising regulated 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 any content excerpted in whole or part from a peer-reviewed scientific publication from being considered advertising regulated under the Act.

Prohibits the Federal Trade Commission (FTC) from attributing to an advertiser any advertising statement not actually made by that advertiser.

Requires the FTC to notify an advertiser of a dietary supplement before authorizing an investigation of false advertisement and include a date by which the advertiser may voluntarily discontinue use of the statement. Prohibits the 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 to prove that a health claim alleged to be false advertising is false based on expert scientific opinion and published peer-reviewed scientific evidence.

]]> Freedom of Health Speech Act Short Titles as Introduced 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 2011-05-26T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-112hr2045ih/xml/BILLS-112hr2045ih.xml 2011-06-03 Referred to the Subcommittee on Commerce, Manufacturing, and Trade. 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.