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Free Speech and Dietary Supplements
  by Ron Paul
Before the US House of Representatives, November 10, 2005
  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 consumer 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 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 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 
neural 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 
  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
  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 to 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.
  November 16, 2005
    Dr. Ron Paul is a Republican member of Congress from Texas. 

[end quote]

Gordon Peterson
1977-2002  Twenty-fifth anniversary year of Local Area Networking!
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