[Congressional Record Volume 150, Number 31 (Thursday, March 11, 2004)]
[Extensions of Remarks]
[Page E352]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            PERSONAL RESPONSIBILITY IN FOOD CONSUMPTION ACT

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                               speech of

                            HON. JOE BARTON

                                of texas

                    in the house of representatives

                       Wednesday, March 10, 2004

       The House in Committee of the Whole House on the State of 
     the Union had under consideration the bill (H.R. 339) to 
     prevent frivolous lawsuits against the manufacturers, 
     distributors, or sellers of food or non-alcoholic beverage 
     products that comply with applicable statutory and regulatory 
     requirements:

  Mr. BARTON of Texas. Mr. Chairman, I rise in strong support of H.R. 
339, the Personal Responsibility in Food Consumption Act. Personal 
responsibility--not frivolous lawsuits--is the appropriate way to deal 
with obesity issues.
  As reported by the Judiciary Committee, however, H.R. 339 contained 
very broad language that could be read to include regulatory actions by 
at least two agencies within the jurisdiction of the Committee on 
Energy and Commerce--the Federal Trade Commission (FTC) and the Food 
and Drug Administration (FD). It is my understanding that it was not 
the intent of the authors to prohibit such lawsuits. Working with 
Chairman Sensenbrenner, we then developed language that is included in 
the manager's amendment today that specifically exempts actions brought 
under the Federal Trade Commission Act or the Federal Food, Drug, and 
Cosmetic Act. There can be no question, then, that if this bill were 
signed into law, it would have no effect on regulatory or legal rights 
and responsibilities under these statutes.
  I look forward to working with the Judiciary Committee as this 
legislation moves forward.

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