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H.R. 4282 (109th): Health Freedom Protection Act

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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

11/9/2005--Introduced. Health Freedom Protection Act - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to provide that a food or dietary supplement is not a drug solely because the label or labeling contains a claim to cure, mitigate, treat, or prevent disease.

Prohibits the Secretary of Health and Human Services from: (1) restricting the reprinting and distribution or sale of any U.S. government publication or any accurate quotations of such a publication, including content concerning nutrients and disease treatment or prevention; or (2) construing the distribution or sale of, or accurate quotation from, such a publication in connection with the sale of a food or dietary supplement as evidence of an intent to sell that food or dietary supplement as a drug.

Requires the Secretary to allow claims on food or nutrient labeling that characterize the relationship of a nutrient to the cure, mitigation, treatment, or prevention of a disease (with no more than a three-sentence disclaimer) unless the Secretary proves by clear and convincing evidence that: (1) there is no scientific evidence that supports the claim; and (2) the claim is inherently misleading and incapable of being rendered nonmisleading through the addition of a disclaimer.

Authorizes the use of specified health claims on the label of all foods and dietary supplements, including claims related to saw palmetto, omega-3 fatty acids, glucosamine, and calcium.

Allows a statement for a dietary supplement to include words that are recognized as signs or symptoms of disease so long as the statement does not include the name of a specific disease.

Amends the Federal Trade Commission Act to exempt from being regulated as advertising: (1) government publications exempted from reprinting or distribution restrictions under FFDCA; or (2) accurate summaries of scientific publications. Places the burden of proof that an advertisement for a dietary supplement or ingredient is false and misleading on the Federal Trade Commission.