US HB2044 | 2011-2012 | 112th Congress

Status

Spectrum: Partisan Bill (Republican 2-0)
Status: Introduced on May 26 2011 - 25% progression, died in committee
Action: 2011-06-03 - Referred to the Subcommittee on Health.
Pending: House Subcommittee on Health Committee
Text: Latest bill text (Introduced) [PDF]

Summary

Health Freedom Act - Prohibits the federal government from preventing the use of a claim describing any nutrient in a food or dietary supplement as mitigating, treating, or preventing any disease, disease symptom, or health-related condition unless, in a final order following a trial on the merits, a federal court finds clear and convincing evidence, based on qualified expert opinion and published peer-reviewed scientific research, that: (1) the claim is false and misleading in a material respect; and (2) there is no less speech-restrictive alternative to claim suppression that can render the claim non-misleading. Defines the term "material" to mean that the Food and Drug Administration (FDA) has identified a competent consumer survey demonstrating that consumers decided to purchase the food or dietary supplement based on the portion of the claim alleged to be false or misleading. Revokes all FDA rules prohibiting nutrient-disease relationship claims. Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to deem a food to be misbranded only when its label includes a claim adjudicated to be false and misleading under this Act. Removes limits on health claims on food provided for in the FFDCA. Prohibits the government from preventing distribution of a publication concerning the sale of a food or dietary supplement unless: (1) it establishes that a claim contained in the publication names the specific food or supplement sold and represents that the food or supplement mitigates, treats, or prevents a disease; and (2) the claim is proven to be false and misleading in accordance with this Act.

Tracking Information

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Title

Health Freedom Act

Sponsors


History

DateChamberAction
2011-06-03HouseReferred to the Subcommittee on Health.
2011-05-27HouseSponsor introductory remarks on measure. (CR E972)
2011-05-26HouseReferred to the House Committee on Energy and Commerce.

Subjects


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Bill Comments

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