The Federal Trade Commission has recently created new and arbitrary requirements for ANY food or dietary supplement health-related claim—and is enforcing them—in direct violation of federal law.
It’s imperative we protect access to good information about the benefits of a natural approach to maintaining health. But this will become much more difficult now that the FTC is requiring random-controlled human trials for any health-related claim—even so-called structure/function claims, which are permitted under DSHEA without such trials. Before it can adopt or enforce such new policies, the FTC is required by law to go through the rulemaking process, a process that becomes even more difficult for FTC whenever a new policy is controversial, such as health claims. Perhaps that is why FTC is ignoring that law and doing it anyway.
We believe the FTC lacks jurisdiction to enforce the Federal Food, Drug, and Cosmetic Act. The FTC’s clinical trial requirement violates the First Amendment standard in Pearson v. Shalala, and the FTC cannot violate the Constitution in consent orders.
Of particular concern is that the FTC’s new policies apply to the industry as a whole. The fear of enforcement under FTC’s new policies chills protected speech and reduces access to important health-related information for consumers.
Please contact the FTC and ask the agency to grant our Citizen Petition!
(Please personalize your message if you have the time!)
Petition for Rulemaking to Adopt Statutory and First Amendment Limits on FTC Orders Concerning Health Benefit Claims
Dear [Decision Maker],
Sincerely,[Your Name] [Your Address] [City, State ZIP]