HON. RON PAUL
OF TEXAS
IN THE HOUSE OF REPRESENTATIVES
Wednesday, May 2, 2007
2007 Ron Paul 49:1
Mr. PAUL. Madam. 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.
2007 Ron Paul 49:2
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.
2007 Ron Paul 49:3
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.
2007 Ron Paul 49:4
Because of the FDAs 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!
2007 Ron Paul 49:5
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.
2007 Ron Paul 49:6
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 courts 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.
2007 Ron Paul 49:7
This legislation also addresses the FTCs 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 FTCs
standards are blocking innovation in the marketplace.
2007 Ron Paul 49:8
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.
2007 Ron Paul 49:9
Madam Speaker, if we are serious about putting people in charge of their health care,
then shouldnt 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.