[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2908 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2908

  To protect the First Amendment rights of individuals to share their 
    experiences and perceptions of the effects of foods and dietary 
                              supplements.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 13, 2011

   Mr. Paul introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  To protect the First Amendment rights of individuals to share their 
    experiences and perceptions of the effects of foods and dietary 
                              supplements.

    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 ``Testimonial Free Speech Act of 
2011''.

SEC. 2. DISSEMINATION OF CONSUMER TESTIMONIALS REGARDING THE 
              MITIGATIVE, PREVENTIVE, OR CURATIVE PROPERTIES OF A FOOD 
              OR DIETARY SUPPLEMENT.

    (a) Dissemination of Testimonials.--Notwithstanding the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), the Federal Trade 
Commission Act (15 U.S.C. 41 et seq.), and any other provision of law--
            (1) no Federal official or employee may restrict 
        dissemination of a testimonial containing a consumer's actual 
        perception of the mitigative, preventive, or curative 
        properties of any food or dietary supplement based on the 
        consumer's experience with that food or dietary supplement; and
            (2) if a person disseminating a testimonial reasonably 
        believes that the dissemination is covered by paragraph (1), 
        such dissemination shall not constitute a violation of any 
        Federal law.
    (b) Applicability.--Subsection (a) applies to the dissemination of 
a testimonial described in such subsection by any person, including 
dissemination by the manufacturer of a food or dietary supplement for 
purposes of marketing.
    (c) Definitions.--In this Act, the terms ``food'' and ``dietary 
supplement'' have the meanings given to those terms in section 201 of 
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
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