[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4581 Introduced in House (IH)]
105th CONGRESS
2d Session
H. R. 4581
To amend the Federal Trade Commission Act to provide that certain
advertisements of a dietary ingredient or dietary supplement shall not
be considered to constitute an unfair or deceptive practice, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 16, 1998
Mr. Crapo (for himself, Mr. Cannon and Mr. Stump) introduced the
following bill; which was referred to the Committee on Commerce
_______________________________________________________________________
A BILL
To amend the Federal Trade Commission Act to provide that certain
advertisements of a dietary ingredient or dietary supplement shall not
be considered to constitute an unfair or deceptive practice, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dietary Supplement Fairness in
Advertising Act''.
SEC. 2. ADVERTISING OF DIETARY SUPPLEMENTS.
Section 5 of the Federal Trade Commission Act (15 U.S.C. 45) is
amended by adding at the end the following:
``(o) Advertising of Dietary Ingredients and Dietary Supplements.--
``(1) Definitions.--In this subsection:
``(A) Dietary ingredient.--The term `dietary
ingredient' means a dietary ingredient, within the
meaning of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.).
``(B) Dietary supplement.--The term `dietary
supplement' has the meaning given that term by section
201(ff) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321(ff)).
``(2) Advertising.--The making of an advertisement by an
advertiser for a dietary ingredient or dietary supplement shall
not constitute an unfair method of competition, or deceptive
act or practice, in or affecting commerce for purposes of
subsection (a) if the advertisement is made in a manner
consistent with--
``(A) the provisions of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 301 et seq.) amended or added
by the Dietary Supplement Health and Education Act of
1994 (Public Law 103-417, 108 Stat. 4325); and
``(B) this subsection (including paragraph (4), if
applicable).
``(3) Determination of compliance.--Before the Commission
makes a determination whether an advertisement or advertiser is
in compliance with applicable provisions of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) for purposes of
this subsection, an appropriate official of the Commission
shall ensure that the advertiser has the opportunity to consult
directly with any individual with appropriate recognized
scientific expertise that advised the Commission concerning the
applicability of those provisions to the dietary ingredient or
dietary supplement that is the subject of the advertisement.
``(4) Disclosure of certain studies.--
``(A) In general.--The inclusion, in an
advertisement for a dietary ingredient or dietary
supplement that meets the requirements of paragraph
(2)(A), of truthful information that is not misleading
concerning the usefulness or potential usefulness of a
dietary ingredient or dietary supplement based on a
study related to that ingredient or supplement shall
not be considered to be an unfair method of competition
or deceptive act or practice, in or affecting commerce
for purposes of subsection (a) if that information
meets the applicable requirements of subparagraph (B).
``(B) Disclosure requirements.--Information
described in subparagraph (A) relating to--
``(i) an in vitro study, shall identify the
study in the advertisement as an in vitro study
and not a human study;
``(ii) animal study, shall identify the
study in the advertisement as an animal study
and not a human study;
``(iii) epidemiological study, shall
identify the study in the advertisement as an
epidemiological study; or
``(iv) any other type of study, shall
identify the type of study in the
advertisement.
``(5) Consent agreement.--In any case in which the
Commission enters into a consent agreement under this section
relating to a complaint of unfair method of competition, or
deceptive act or practice, in or affecting commerce concerning
the advertisement of a dietary ingredient or dietary
supplement, that agreement shall cover only the class of
dietary ingredients or dietary supplements that is the subject
of the complaint and may not apply to any other class of
products.''.
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