US Congress House Bill 3395 (Prior Session Legislation)

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Spectrum: Partisan Bill (Republican 3-0)
Status: Introduced on July 29 2009 - 25% progression, died in committee
Action: 2009-07-30 - Referred to the Subcommittee on Health.
Pending: House Subcommittee on Health Committee
Text: Latest bill text (Introduced) [PDF]

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 any material respect; and (2) there is no less speech restrictive alternative to claim suppression that can render the claim non-misleading. Amends the Federal Food, Drug, and Cosmetic Act to deem a food or dietary supplement for which a claim characterizing the relationship of a nutrient to a disease or health-related condition not to be included in the definition of "drug" solely because of such claim. Revokes all Food and Drug Administration (FDA) rules prohibiting nutrient-disease relationship claims. Revises the criteria for deeming a food misbranded when a claim for a nutrient is made. Revises dietary supplement labeling exemptions to prohibit 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 any material respect by final order of a federal court in accordance with this Act.

Health Freedom Act

Rep. Dan Burton [R-IN]

Rep. Jason Chaffetz [R-UT]

Rep. Ron Paul [R-TX]

Date	Chamber	Action
2009-07-30		Referred to the Subcommittee on Health.
2009-07-29		Referred to the House Committee on Energy and Commerce.
2009-07-29		Sponsor introductory remarks on measure. (CR E2086-2087)

Type	Source
Summary	https://www.congress.gov/bill/111th-congress/house-bill/3395/all-info
Text	https://www.congress.gov/111/bills/hr3395/BILLS-111hr3395ih.pdf