[Congressional Record Volume 150, Number 31 (Thursday, March 11, 2004)]
[Extensions of Remarks]
[Page E357]
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. BRAD SHERMAN

                             of california

                    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. SHERMAN. Mr. Chairman, the proponents of H.R. 339, the Personal 
Responsibility in Food Consumption Act, argue that those who legally 
manufacture or sell food should be protected from lawsuits which claim 
the consumption of their product caused weight gain, obesity and/or 
weight related health conditions. However, the bill applies to 
manufacturers and sellers of food, as defined by Section 201(f) of the 
Food, Drug, and Cosmetic Act, including various nutritional and weight 
loss supplements, like Ephedra, which are in effect marketed as drugs.
  Congress should deal separately with statutes regarding food 
purveyors and those lawsuits relating to the manufacture or marketing 
of nutritional supplements which are marketed as if they are drugs--
some of which have the same benefits and risks of drugs.
  The amendment offered by the Gentlewoman from Texas (Ms. Jackson-Lee) 
sought to clarify the bill. But the proponents of the bill rejected 
this amendment. As a result, the bill is confusing in its scope and I 
voted against it for that reason.
  I hope the bill is improved in the Senate to apply only to those who 
sell ``food'' as that term is normally used. Products marketed as drugs 
should be dealt with separately.

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