Health Freedom Act

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.

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Timeline

1. 26 May 2011

   Introduced

   Referred to the House Committee on Energy and Commerce.

   Source: IntroReferral

2. 26 May 2011

   Introduced

   Introduced in House

   Source: IntroReferral

3. 26 May 2011

   Introduced

   Introduced in House

   Source: IntroReferral

4. 27 May 2011

   Introduced

   Sponsor introductory remarks on measure. (CR E972)

   Source: IntroReferral

5. 3 June 2011

   Referred

   Referred to the Subcommittee on Health.

   Source: Committee

Votes

No vote records are attached yet.

Versions

• Introduced in House · 26 May 2011 · Official file

Documents

3 official files

• Introduced in House (text)

  Introduced in House · EN · 26 May 2011

  ViewDownloadOpen at official source

• Introduced in House (PDF)

  Introduced in House · EN · 26 May 2011

  ViewDownloadOpen at official source

• Introduced in House

  summary · EN · 26 May 2011

  Open at official source

Sponsors

• Rep. Paul, Ron [R-TX-22] · R · Sponsor
• Rep. Burton, Dan [R-IN-6] · R · Cosponsor
• · hsif00 · Standing

Related records

No cross-record relationships stored yet.