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 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.

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Documents

3 official files

• Introduced in House (text)

  Introduced in House · EN · 29 July 2009

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• Introduced in House (PDF)

  Introduced in House · EN · 29 July 2009

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• Introduced in House

  summary · EN · 29 July 2009

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