H.R. 3394 (111^th): Freedom of Health Speech Act

7/29/2009--Introduced.

Freedom of Health Speech Act - Amends the Federal Trade Commission Act to prohibit considering the content of any publication as advertising regulable under the Act unless the content is intended by a product seller to promote that product's sale and the content includes the name of the product, an express offer to sell, and a purchase price. Prohibits considering any content excerpted in whole or part from a peer-reviewed scientific publication as advertising regulable under the Act. Prohibits the Federal Trade Commission (FTC) from beginning an investigation of possible false advertising regarding a dietary supplement or a dietary ingredient unless the FTC already possesses clear and convincing evidence that the advertisement is false and misleading. Places the burden of proof on the FTC to show, by clear and convincing evidence, that an advertisement for a dietary supplement or dietary ingredient is false, that the advertisement actually caused consumers to be misled into believing to be true that which is false, and that, but for the false advertising content, the consumer would not have made the purchase at the price paid. Requires the FTC, if a claimed health benefit is alleged to be false advertising, to additionally establish, based on expert scientific opinion and published peer-reviewed scientific evidence, that the claim is false.