Dietary Supplement Fairness in Labeling and Advertising Act
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Dietary Supplement Fairness in Labeling and Advertising Act - Expresses the sense of Congress that a proposed rule concerning regulations on statements made for dietary supplements about their effect on the body would improperly restrict the use of appropriate labeling claims about such effect, and, therefore, such proposed rule should not take effect. Amends the Federal Food, Drug, and Cosmetic Act to prohibit a truthful and accurate summary of one or more findings of a study or article appearing in a scientific or medical publication or textbook from being subject to regulation as labeling under such Act when used in connection with the sale of a dietary supplement. States that, insofar as such a publication is exempt from regulation as labeling under such Act, such publication is also exempt from regulation as advertising under the Federal Trade Commission Act (FTCA). Requires the Federal Trade Commission, before it files a complaint alleging that an advertisement or advertiser is not in compliance with FTCA advertising regulations for a dietary supplement or ingredient or for medical services or health treatments, to ensure that such advertiser has been provided: (1) access to individuals whom the Commission has relied upon as experts; and (2) an opportunity to communicate with the Commission on the merits of the experts' views. States that it is not inherently deceptive or unfair for advertising about a dietary supplement or ingredient, or medical services or health treatments, to describe, mention, or rely upon scientific data other than conclusive human clinical studies if such advertising is truthful, not misleading, and reveals the nature of the study or other information. Limits consent agreement application to the particular supplement, ingredient, service, or treatment that is the subject of such agreement.
Filed in the House
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