[Congressional Record Volume 145, Number 159 (Thursday, November 11, 1999)]
[Extensions of Remarks]
[Pages E2347-E2348]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        DIETARY MEDICAL EXPENSES

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                            HON. DAN BURTON

                               of indiana

                    in the house of representatives

                      Wednesday, November 10, 1999

  Mr. BURTON of Indiana. Mr. Speaker, today I am pleased to introduce 
legislation to amend the Internal Revenue Code to provide that amounts 
paid for foods for special dietary use, dietary supplements, and 
medical foods be treated as medical expenses.
  There is an increasing amount of scientific data demonstrating the 
benefits of good nutrition, education, and appropriate use of dietary 
supplements to promote long-term health. Many Americans rely on dietary 
supplements as a means of maintaining good health and for some, to 
improve health conditions. Additionally, children with inborn errors of 
metabolism, and pervasive development delays such as autism require 
special diets and supplements that can create a significant cost burden 
to families. All individuals with autoimmune disorders, chronic 
inflammatory disease, and diabetes have special dietary needs incur 
significant expenses in regard to these needs. A long-term cost savings 
will be realized in health care by the adherence to special dietary 
needs of individuals with certain disease and disorders through the 
slow down in progression of disease and better quality of life.
  The inclusion of dietary supplements as a medical exemption, will in 
no way re-designate them as drugs for regulatory purposes under the 
Food, Drug, and Cosmetic Act.
  DSHEA required the FDA to promulgate reasonable guidelines to 
regulate the content of dietary supplement labels. The goal of this 
requirement is to insure that the labels give consumers necessary 
information for decisionmaking in supplement selection and usage, 
without making claims regarding medical or disease benefits.
  The FTC currently enforces a standard for advertising that conflicts 
with the intent of DSHEA. The FTC does not allow the same information 
in advertising of dietary supplements that is allowed in labeling of 
the same products. Dietary supplement manufacturers are currently 
allowed to make some statements in the labeling regarding the benefits 
of calcium, vitamin C, and other common supplements that have been 
studied extensively. However, the FTC makes it very difficult for this 
useful information to be used in the advertising. This makes no sense. 
The information that the FDA allows as part of the labeling of a 
dietary supplement should also be allowed in advertising the same 
supplement, yet the FTC is seeking to regulate the advertising of 
dietary supplements by denying to consumers the very information that 
the DSHEA required the FDA to allow be used. This dual and 
contradictory set of regulations undermines the intent of Congress.
  I urge my colleagues to co-sponsor this Internal Revenue Code 
amendment. It would insure that all Americans with medical conditions 
that require special dietary approaches

[[Page E2348]]

and individuals who are maintaining better health through the use of 
dietary supplements will not carry the burden of this additional 
expense alone.

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