The FTC is catering to vested interests and destroying jobs by censoring valid information about the effectiveness of vitamins, herbs and other supplements. According to the First Amendment, the government cannot restrict speech unless it can prove that the advertising is deceptive.

The FTC violates the First Amendment and we need to end this.

The FTC with their fixed opinions and pro Pharma bias can declare that a supplement’s advertising is “deceptive” and require the business accused of this so called deception to prove that the advertising is true. Somewhere along the way, the attorneys at the FTC reversed the First Amendment burden of proof which violates the Constitution.

The FTC’s unconstitutional actions must be stopped. Robbing the public of valid and truthful information is part of their exercise of freedom of choice. The FDA and FTC pro bias towards drug companies with their massive Washington lobby is a disgrace.

What’s to be done? The solutions are in pending federal legislation.

Freedom of Health Speech Act (H.R. 3394)

The following summary was written by the Congressional Research Service:

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.

Now that makes sense.

We need to become more vocal in our actions to maintain our constitutionally protected rights to health speech freedom. A good start would be to help get this bill passed into law.

This can be done through education and urging others to get active. There are new Members of Congress who can make a difference but they need to hear from us.

Let our voices be heard.

We can and must succeed.

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