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AAPS supports Health Freedom Act – H.R. 3395

Dear Representative,

The Association of American Physicians and Surgeons, a national, non-partisan professional association of physicians in all specialties founded in 1943, supports H.R. 3395  “The Health Freedom Act”.

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.

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.

We strongly encourage you to vote for health freedom and informed consumers and co-sponsor H.R. 3395 “The Health Freedom Act.”

Sincerely, 

Jane M. Orient, M.D., Executive Director

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