[Congressional Record (Bound Edition), Volume 155 (2009), Part 15]
[Extensions of Remarks]
[Page 20090]
[From the U.S. Government Publishing Office, www.gpo.gov]




                 INTRODUCING HEALTH FREEDOM LEGISLATION

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                             HON. RON PAUL

                                of texas

                    in the house of representatives

                        Wednesday, July 29, 2009

  Mr. PAUL. Madam Speaker, I rise to introduce two pieces of 
legislation restoring the First Amendment rights of consumers to 
receive truthful information regarding the benefits of foods and 
dietary supplements. The first bill, the Health Freedom Act, codifies 
the First Amendment by ending the Food and Drug Administration (FDA)'s 
efforts to censor truthful health claims. The second bill, the Freedom 
of Health Speech Act, codifies the First and Fifth Amendment by 
requiring the Federal Trade Commission (FTC) to prove that health 
claims are false before it takes action to stop manufacturers and 
marketers from making the 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 four 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 treating diseases by 
claiming that every article concerning this topic is evidence of intent 
to sell an unapproved and unlawful 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 four 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; that calcium may 
reduce the risk of bone fractures; and that vitamin D may reduce the 
risk of osteoporosis, hypertension, and cancer.
  The Health Freedom Act will force the FDA to at last comply with the 
commands of Congress, the First Amendment, numerous federal courts, and 
the American people by codifying the First Amendment prohibition on 
prior restraint. Specifically, the Health Freedom Act stops the FDA 
from censoring truthful claims about the curative, mitigative, or 
preventative effects of dietary supplements. The Health Freedom Act 
also stops the FDA from prohibiting the distribution of scientific 
articles and publications regarding the role of nutrients in protecting 
against disease. The FDA has proven that it cannot be trusted to 
protect consumers' rights to make informed choices. It is time for 
Congress to stop the FDA from censoring truthful health information.
  The Freedom of Health Speech Act addresses the FTC's violations of 
the First Amendment. Under traditional constitutional standards, the 
federal government bears the burden of proving an advertising statement 
false before censoring that statement. However, the FTC shifted the 
burden of proof to industry. The FTC presumes health advertising is 
false and compels private parties to prove the ads (and everything the 
regulators say the ads imply) to be true to a near conclusive degree. 
This violation of the First and Fifth Amendments is harming consumers' 
by blocking innovation in the health foods and dietary supplement 
marketplace.
  The Freedom of Health Speech Act requires that the government 
actually prove that speech is false before the FTC acts against the 
speaker. This is how it should be in a free society where information 
flows freely in order to foster the continuous improvement that 
benefits us all. The bill also requires that the FTC warn parties that 
their advertising is false and give them a chance to correct their 
mistakes before the FTC censors the claim and imposes other 
punishments.
  Madam 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 
and the Constitution by cosponsoring the Health Freedom Act and the 
Freedom of Health Speech Act.

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