H.R. 2908 (112th): Testimonial Free Speech Act of 2011

HR 2908 IH

To protect the First Amendment rights of individuals to share their experiences and perceptions of the effects of foods and dietary supplements.

September 13, 2011

Mr. PAUL introduced the following bill; which was referred to the Committee on Energy and Commerce

To protect the First Amendment rights of individuals to share their experiences and perceptions of the effects of foods and dietary supplements.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Testimonial Free Speech Act of 2011’.

SEC. 2. DISSEMINATION OF CONSUMER TESTIMONIALS REGARDING THE MITIGATIVE, PREVENTIVE, OR CURATIVE PROPERTIES OF A FOOD OR DIETARY SUPPLEMENT.

(a) Dissemination of Testimonials- Notwithstanding the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), the Federal Trade Commission Act (15 U.S.C. 41 et seq.), and any other provision of law--

(1) no Federal official or employee may restrict dissemination of a testimonial containing a consumer’s actual perception of the mitigative, preventive, or curative properties of any food or dietary supplement based on the consumer’s experience with that food or dietary supplement; and

(2) if a person disseminating a testimonial reasonably believes that the dissemination is covered by paragraph (1), such dissemination shall not constitute a violation of any Federal law.

(b) Applicability- Subsection (a) applies to the dissemination of a testimonial described in such subsection by any person, including dissemination by the manufacturer of a food or dietary supplement for purposes of marketing.

(c) Definitions- In this Act, the terms ‘food’ and ‘dietary supplement’ have the meanings given to those terms in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).

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