[Congressional Record Volume 147, Number 87 (Thursday, June 21, 2001)]
[Extensions of Remarks]
[Pages E1175-E1176]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                INTRODUCTION OF FOODS ARE NOT DRUGS ACT

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                             HON. RON PAUL

                                of texas

                    in the house of representatives

                        Thursday, June 21, 2001

  Mr. PAUL. Mr. Speaker, I rise to introduce the Foods are not Drugs 
Act, a constitutional and common sense piece of legislation. This bill 
stops the Food and Drug Administration (FDA) from interfering with 
consumers' access to truthful information about foods and dietary 
supplements in order to make informed choices about their health.
  The Foods are not Drugs Act accomplishes its goal by simply adding 
the six words ``other than foods, including dietary supplements'' to 
the statutory definition of ``drug.'' This allows food and dietary 
supplement producers to provide consumers with more information 
regarding the health benefits of their products, without having to go 
through the time-consuming and costly process of getting FDA approval. 
This bill does not affect the FDA's jurisdiction over those who make 
false claims about their products.
  Scientific research in nutrition over the past few years has 
demonstrated how various foods and other dietary supplements are safe 
and effective in preventing or mitigating many diseases. Currently, 
however, disclosure of these well-documented statements triggers

[[Page E1176]]

more extensive drug-like FDA regulation. The result is consumers cannot 
learn about simple and inexpensive ways to improve their health. For 
example, in 1998, the FDA dragged manufacturers of Cholestin, a dietary 
supplement containing lovastatin, which is helpful in lowering 
cholesterol, into court. The FDA did not dispute the benefits of 
Cholestin, rather the FDA attempted to deny consumers access to this 
helpul product simply because the manufacturers did not submit 
Cholestin to the FDA's drug approval process!
  The FDA's treatment of the manufacturers of Cholestin is not an 
isolated example of how current FDA policy harms consumers. Even though 
coronary heart disease is the nation's number-one killer, the FDA 
waited nine years until it allowed consumers to learn about how 
consumption of foods and dietary supplements containing soluble fiber 
from the husk of psyllium seeds can reduce the risk of coronary heart 
disease! The Foods are not Drugs Act ends this breakfast table 
censorship.
  The FDA is so fanatical about censoring truthful information 
regarding dietary supplements it even defies federal courts! For 
example, in the case of Pearson v. Shalala, 154 F.3d 650 (DC Cir. 
1999), rehg denied en banc, 172 F.3d 72 (DC Cir. 1999), the United 
States Court of Appeals for the DC Circuit Court ruled that the FDA 
violated consumers' first amendment rights by denying certain health 
claims. However, the FDA has dragged its feet for over two years in 
complying with the Pearson decision while wasting taxpayer money on 
frivolous appeals. It is clear that even after Pearson the FDA will 
continue to deny legitimate health claims and force dietary supplement 
manufacturers to waste money on litigation unless Congress acts to rein 
in this rogue agency.
  Allowing American consumers access to information about the benefits 
of foods and dietary supplements will help America's consumers improve 
their health. However, this bill is about more than physical health, it 
is about freedom. The first amendment forbids Congress from abridging 
freedom of all speech, including commercial speech.
  In a free society, the federal government must not be allowed to 
prevent people from receiving information enabling them to make 
informed decisions about whether or not to use dietary supplements or 
eat certain foods. I, therefore, urge my colleagues to take a step 
toward restoring freedom by cosponsoring the Foods are not Drugs Act.

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