Dietary Supplement Fairness in Advertising Act
This bill died when its Congress ended.
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Dietary Supplement Fairness in Advertising Act - Amends the Federal Trade Commission Act to declare that an advertisement for a dietary ingredient or supplement is not unfair competition or a deceptive act or practice if it is made consistent with: (1) certain provisions of the Federal Food, Drug, and Cosmetic Act (FDCA) relating to dietary supplements; and (2) the amendments made by this Act. Requires that, before the Federal Trade Commission determines whether an advertisement or advertiser is in FDCA compliance, the advertiser have the opportunity to consult directly with any scientific expert that advised the Commission concerning the applicability of FDCA provisions to the dietary ingredient or supplement. Declares that the inclusion, in an advertisement for a dietary ingredient or supplement meeting FDCA requirements, of truthful information that is not misleading concerning the usefulness or potential usefulness of an ingredient or supplement based on a study related to that ingredient or supplement is not unfair competition or a deceptive act or practice if that information identifies the type of study (in vitro, human, animal, epidemiological, or other) in the advertisement. Requires that, when the Commission makes a consent agreement regarding a complaint of unfair competition or a deceptive act or practice concerning the advertisement of a dietary ingredient or dietary supplement, the agreement cover only the ingredient or supplement class that is the subject of the complaint.
Filed in the House
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