[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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