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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
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
(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 Chairman Leibowitz,
Sincerely,[Your Name] [Your Address] [City, State ZIP]