2001 Ron Paul 46:1
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.
2001 Ron Paul 46:2
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 FDAs
jurisdiction over those who make false claims about their products.
2001 Ron Paul 46:3
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 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 FDAs drug approval process!
2001 Ron Paul 46:4
The FDAs 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
nations 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.
2001 Ron Paul 46:5
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.
2001 Ron Paul 46:6
Allowing American
consumers
access to information about the benefits of foods and dietary
supplements will help Americas 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.
2001 Ron Paul 46:7
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.
This chapter appeared in Ron Pauls Congressional website at http://www.house.gov/paul/congrec/congrec2001/cr062101.htm