HON. RON PAUL
OF TEXAS
IN THE HOUSE OF REPRESENTATIVES
Wednesday, July 29, 2009
2009 Ron Paul 87:1
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.
2009 Ron Paul 87:2
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.
2009 Ron Paul 87:3
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
treating diseases by claiming that every article
concerning this topic is evidence of intent to
sell an unapproved and unlawful drug.
2009 Ron Paul 87:4
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 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.
2009 Ron Paul 87:5
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; that calcium
may reduce the risk of bone fractures;
and that vitamin D may reduce the risk of
osteoporosis, hypertension, and cancer.
2009 Ron Paul 87:6
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.
2009 Ron Paul 87:7
The Freedom of Health Speech Act addresses
the FTCs 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.
2009 Ron Paul 87:8
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.
2009 Ron Paul 87:9
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 and the Constitution by cosponsoring
the Health Freedom Act and the Freedom
of Health Speech Act.