[Congressional Record Volume 151, Number 148 (Wednesday, November 9, 2005)]
[Extensions of Remarks]
[Page E2313]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   THE HEALTH FREEDOM PROTECTION ACT

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                             HON. RON PAUL

                                of texas

                    in the house of representatives

                      Wednesday, November 9, 2005

  Mr. PAUL. Mr. Speaker, I rise to introduce the Health Freedom 
Protection Act. This bill restores the First Amendment rights of 
consumers to receive truthful information regarding the benefits of 
foods and dietary supplements by codifying the First Amendment 
standards used by federal courts to strike down the Food and Drug 
Administration (FDA) efforts to censor truthful health claims. The 
Health Freedom Protection Act also stops the Federal Trade Commissions 
(FTC) from censoring truthful health care claims.
  The American people have made it clear they do not want the federal 
government to interfere with their access to dietary supplements, yet 
the FDA and the FTC continue to engage in heavy-handed attempts to 
restrict such access. The FDA continues to frustrate consumers' efforts 
to learn how they can improve their health even after Congress, 
responding to a record number of constituents' comments, passed the 
Dietary Supplement and Health and Education Act of 1994 (DSHEA). FDA 
bureaucrats are so determined to frustrate consumers' access to 
truthful information that they are even evading their duty to comply 
with 4 federal court decisions vindicating consumers' First Amendment 
rights to discover the health benefits of foods and dietary 
supplements.
  FDA bureaucrats have even refused to abide by the DSHEA section 
allowing the public to have access to scientific articles and 
publications regarding the role of nutrients in protecting against 
diseases by claiming that every article concerning this topic is 
evidence of intent to sell a drug.
  Because of the FDA's censorship of truthful health claims, millions 
of Americans may suffer with diseases and other health care problems 
they may have avoided by using dietary supplements. For example, the 
FDA prohibited consumers from learning how folic acid reduces the risk 
of neural tube defects for 4 years after the Centers for Disease 
Control and Prevention recommended every woman of childbearing age take 
folic acid supplements to reduce neural tube defects. This FDA action 
contributed to an estimated 10,000 cases of preventable neutral tube 
defects!
  The FDA also continues to prohibit consumers from learning about the 
scientific evidence that glucosamine and chondroitin sulfate are 
effective in the treatment of osteoarthritis; that omega-3 fatty acids 
may reduce the risk of sudden death heart attack; and that calcium may 
reduce the risk of bone fractures.
  The Health Freedom Protection Act will force the FDA to at last 
comply with the commands of Congress, the First Amendment, and the 
American people by codifying the First Amendment standards adopted by 
the federal courts. Specifically, the Health Freedom Protection Act 
stops the FDA from censoring truthful claims about the curative, 
mitigative, or preventative effects of dietary supplements, and adopts 
the federal court's suggested use of disclaimers as an alternative to 
censorship. The Health Freedom Protection Act also stops the FDA from 
prohibiting the distribution of scientific articles and publications 
regarding the role of nutrients in protecting against disease.
  This legislation also addresses the FTC's violations of the First 
Amendment. Under traditional First Amendment jurisprudence, the federal 
government bears the burden of proving an advertising statement false 
before censoring that statement. However, the FTC has reversed the 
standard in the case of dietary supplements by requiring supplement 
manufactures to satisfy an unobtainable standard of proof that their 
statement is true. The FTC's standards are blocking innovation in the 
marketplace.
  The Health Freedom Protection Act requires the government bear the 
burden of proving that speech could be censored. This is how it should 
be in a free, dynamic society. The bill also requires that the FTC warn 
parties that their advertising is false and give them a chance to 
correct their mistakes.
  Mr. Speaker, if we are serious about putting people in charge of 
their health care, then shouldn't we stop federal bureaucrats from 
preventing Americans from learning about simple ways to improve their 
health. I therefore call on my colleagues to stand up for good health 
care and the First Amendment by cosponsoring the Health Freedom 
Protection Act.

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