H.R. 4913 Free Speech About Science Act

It seems there might be some good news on the horizon.  At least if congress decides to do something positive for Citizens for a change.  We can only hope, if such a thing exists anymore.  A new bill has been introduced into congress today.  It is so new I can’t yet find it on Govtrack or Thomas.  But we do have clues as to what it will contain.  For us, it means that there are alternatives to Big Pharma and the murderous drugs they have placed on the market that do more harm than good.  The new bill is titled H.R. 4913, Free Speech About Science Act.  Like I said above, I can’t link to it yet nor even view the language so for the moment I have to take the word of its sponsor, congressman Jason Chaffetz of Utah.  A breath of fresh air for a change.

If this bill passes we will finally have some answers to all those drugs on the market.  Not that I believe that Big Pharma will allow something like this to pass, they have far too much to lose.  Imagine being able to make informed decisions about your health!  Finally, some good news!

Member of the U.S. House of Representatives from Utah's 3rd district

From the congressman’s website you can see the following announcement:

For Immediate Release: March 23, 2010

Free Speech About Science Act
Helping consumers make informed choices related to their personal health and well being.

Washington, DC—Today Congressman Jason Chaffetz (R-UT) and Congressman Jared Polis (D-CO) introduced HR 4913 the Free Speech About Science Act.  The bill allows the producers of healthy foods and dietary supplements to cite legitimate scientific studies on the health benefits of their products.

Current FDA laws and regulations prohibit any reference to a scientific study by manufacturers of a dietary supplement or producers of healthy foods if the information documents any health benefits.  Violation of this ban can result in FDA declaring common dietary supplements and foods to be unapproved drugs.  This is because these studies are seen as extensions of the product label, even if the study is referenced on the website and not just the packaging.

The provisions of HR 4913 do the following:

  • Allow dietary supplements and healthy foods to cite legitimate scientific research.
  • Provide a clear definition of the types of research that may be referenced by growers and manufacturers.
  • Ensure that referencing such research does not convert a food or dietary supplement into an “unapproved [and therefore illegal] new drug.”
  • Retain the authority of FDA and FTC to pursue any fraudulent and misleading statements.

“It is important for individuals and families to take charge of their personal health by making the right decisions to get and stay healthy,” said Chaffetz. “This includes accessing information so that individuals can adjust habits, eat healthy, and take appropriate dietary supplements to prevent and even treat health conditions.  The Free Speech About Science Act helps insure their access to legitimate scientific research to make the necessary decisions to improve their personal health and the health of their families.”

“Today’s science has shown that vitamins and nutritional supplements can offer successful, natural alternatives to drugs,” said Polis. “As we begin to reform our nation’s healthcare system, supplements are an innovative way to help reduce costs.  The Free Speech About Science Act is a common sense act that will make it easier for doctors and consumers to learn about the cheaper, healthier alternatives to costly medicines that food and nutritional supplements provide.”

Everyone stand up and give this man a cheer!  I do not know where Utah got this fresh face, but after horrendous bills like S.3002, S.510, Obama’s transparency, and the new healthcare bill which just passed I feel like the sun just came out after a stormy and rainy day.  I really need to be able to read this bill to make sure it is what it is being touted to be, but it looks good at face value.  I have lost faith in those who are supposed to represent us.

How many time have we, as consumers, known that something was good for us and yet the fraud and death administration won’t let those claims be placed on the product we wish to purchase and use.  We have had to jump through hoops just to research our own health.  They should hand out medical licenses to all of us for putting up with this shite!

Of course, this wasn’t the first time a bill of this nature has been set before congress.  In the 110 congress 2nd session, H.R. 7120 was introduced.  This bill died the death of delay, smothered in committee, never to be heard from again.  Like the bill above, it talked of amending the fraud and death administration to allow the scientific research done on foods and drugs to be made public.

A BILL

To amend the Federal Food, Drug, and Cosmetic Act concerning the distribution and citation of scientific research in connection with foods and dietary supplements, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Science Free Speech Act’.

Congress could have done something really good here in 2008, but they chose not to.  Maybe this is their way of trying to save face after the debacle of obamacare.  We the People can only sit back and watch to see what happens, but don’t hold your breath.  This congress hasn’t been interested in our welfare.

H.R. 2170 was exactly what this bill, H.R. 4913, is supposed to be.  Not being able to read the text of this new bill, I can only look backwards to see what has been before.  They seem to have the same things to say.  This bill was introduced by Chris Cannon who has since been replaced by Jason Chaffetz.  I found it interesting that the same position, Utah’s 3rd District, should produce 2 such similar bills.  So, back to H.R.2170 for a closer look at what the text reads.  As bills go it is relatively short:

SEC. 2. DEFINITION OF A DRUG.

Section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)(1)) is amended by adding at the end the following: ‘A food or dietary supplement, for which a claim regarding legitimate scientific research is made in accordance with section 403B, is not a drug solely because of such claim.’.

SEC. 3. MISBRANDED FOOD.

Section 403(r)(1)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(r)(1)(B)) is amended by striking ‘unless the claim is made in accordance with subparagraph (3) or (5)(D)’ and inserting ‘unless the claim is made in accordance with subparagraph (3) or (5)(D) or is a claim regarding legitimate scientific research made in accordance with section 403B’.

SEC. 4. FOOD AND DIETARY SUPPLEMENT LABELING EXEMPTIONS.

Section 403B of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343-2) is amended to read as follows:

‘SEC. 403B. FOOD AND DIETARY SUPPLEMENT LABELING EXEMPTION.

‘(a) Legitimate Scientific Research- The use of truthful and not misleading information on legitimate scientific research in connection with the sale or distribution of a food or dietary supplement to consumers shall not be treated as a violation of this Act and shall not be deemed evidence of an intent to sell a drug.

‘(b) Actions by Secretary- The Secretary–

‘(1) shall not restrict in any way the distribution of truthful and not misleading information on legitimate scientific research described in subsection (a); and

‘(2) shall not prohibit manufacturers or distributors of foods or dietary supplements from including citations to legitimate scientific research in the labeling of a food or a dietary supplement, even if the citation expressly or implicitly references a disease or a disease condition.

I’ll bet Cheerios will be glad to hear of this one. This will get the fraud and death administration off their back for saying their cereal is heart healthy!

‘(c) Burden of Proof- In any administrative or judicial proceeding in which the Secretary contests the use of material being disseminated or cited as legitimate scientific research, the burden of proof shall be on the Secretary to disprove that the material is truthful and not misleading information on legitimate scientific research.

‘(d) Definition– In section 201(g) and this section, the term ‘legitimate scientific research’ means scientific research, whether performed in vitro, in vivo, in animals, or in humans, that is–

‘(1) conducted in accordance with sound scientific principles; and

‘(2) evaluated and accepted by a scientific or medical panel or published in–

‘(A) a recognized scholastic textbook or a peer-reviewed scientific publication or database;

‘(B) any publication of the United States Government (including publications by or at the request of any Federal department, agency, institute, center, or academy); or

‘(C) an accurate balanced summary or scientific review of information published in accordance with subparagraph (A) or (B).’.

SEC. 5. DIAGNOSTIC TESTS.

Chapter III of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331 et seq.) is amended by inserting after section 301 the following:

‘SEC. 301A. PERMITTED ACTS.

‘The Secretary shall not prohibit or restrict a retailer or wholesaler of any agricultural product, including fresh produce, in any way from–

‘(1) testing any of its agricultural products for any pathogens, including bacteria, viruses, protozoa, fungi, or parasites, that may–

‘(A) potentially be transmitted to humans; or

‘(B) potentially cause illness or disease in humans; or

‘(2) communicating the results of the tests described in paragraph (1) to the public.’.

This would have been a great bill in 2008. Since it died in committee we can assume that Big Pharma paid very well to have it die.  And who were the two committees which made sure this bill died?  Well, two that should have been interested in seeing it pass…

House Energy and Commerce, Subcommittee on Health
Henry A. Waxman, CA, Chair Joe Barton, TX, Ranking Member
John D. Dingell, MI, Chair Emeritus Ralph M. Hall, TX
Edward J. Markey, MA Fred Upton, MI
Rick Boucher, VA Cliff Stearns, FL
Frank Pallone, Jr., NJ Nathan Deal, GA
Bart Gordon, TN Ed Whitfield, KY
Bobby L. Rush, IL John Shimkus, IL
Anna G. Eshoo, CA John B. Shadegg, AZ
Bart Stupak, MI Roy Blunt, MO
Eliot L. Engel, NY Steve Buyer, IN
Gene Green, TX George Radanovich, CA
Diana DeGette, CO, Vice Chair Joseph R. Pitts, PA
Lois Capps, CA Mary Bono Mack, CA
Mike Doyle, PA Lee Terry, NE
Jane Harman, CA Mike Rogers, MI
Jan Schakowsky, IL Sue Wilkins Myrick, NC
Charles A. Gonzalez, TX John Sullivan, OK
Jay Inslee, WA Tim Murphy, PA
Tammy Baldwin, WI Michael C. Burgess, TX
Mike Ross, AR Marsha Blackburn, TN
Anthony D. Weiner, NY Phil Gingrey, GA
Jim Matheson, UT Steve Scalise, LA
G.K. Butterfield, NC Parker Griffith, AL
Charlie Melancon, LA
John Barrow, GA
Baron P. Hill, IN
Doris O. Matsui, CA
Donna M. Christensen, VI
Kathy Castor, FL
John P. Sarbanes, MD
Christopher S. Murphy, CT
Zachary T. Space, OH
Jerry McNerney, CA
Betty Sutton, OH
Bruce L. Braley, IA
Peter Welch, VT

For those interested in what is coming up, this committee is going to have a hearing with the fraud and death administration coming up.

Drug Safety: An Update from the FDA

Hearings Subcommittee on Health
Wednesday, 10 March 2010 02:00

Wednesday, 10 March 2010 02:00 The Subcommittee on Health will hold a hearing titled, “Drug Safety: An Update from the FDA” on Wednesday, March 10, 2010, in 2123 Rayburn House Office Building. At the hearing, the Food and Drug Administration (FDA) will detail the Agency’s current challenges and successes in the area of drug safety.

I seriously doubt that the public will be invited, but if you can get in it might serve to let them know we are watching them and will expect more affirmative action on the new bill H.R. 4913.  While I understand that Big Pharma has more money than God, I still find myself upset that our elected officials side with the money instead of the Citizens who elect them.  It makes me wonder how they face their families at night, if they have one.  It makes me wonder how they can look US in the eyes and smile and lie through their teeth.  A psychiatrist once told me that the only people who could smile and lie looking right at you was a psychopath.  Interesting to think that all those in congress fit into this category, don’t you think?

Here is the definition of a psychopath.

Psychopathy (pronounced /saɪˈkɒpəθi/[1][2]) is a personality disorder characterized by an abnormal lack of empathy combined with strongly amoral conduct, masked by an ability to appear outwardly normal.

Yup, that fits congress all right. Scary thought isn’t it?

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~ by justmytruth on March 23, 2010.

4 Responses to “H.R. 4913 Free Speech About Science Act”

  1. But 400 BILLION on unconstitutional health care is ok?

    Prescription Drug Benefit.
    The final version (conference report) of H.R. 1 would create a prescription drug benefit for Medicare recipients. Beginning in 2006, prescription coverage would be available to seniors through private insurers for a monthly premium estimated at $35. There would be a $250 annual deductible, then 75 percent of drug costs up to $2,250 would be reimbursed. Drug costs greater than $2,250 would not be covered until out-ofpocket expenses exceeded $3,600, after which 95 percent of drug costs would be reimbursed. Low-income recipients would receive more subsidies than other seniors by paying lower premiums, having smaller deductibles, and making lower co-payments for each prescription. The total cost of the new prescription drug benefit would be limited to the $400 billion that Congress had budgeted earlier this year for the first 10 years of this new entitlement program. The House adopted the conference report on H.R. 1 on November 22, 2003 by a vote of 220 to 215 (Roll Call 669).
    Marsha Blackburn Voted FOR this bill.
    Marsha Blackburn is a Hypocrite.
    Marsha Blackburn is my Congressman.
    See her unconstitutional votes at

    Mickey

  2. Hello Mickey,
    I’m not sure what the link was you put in, but it didn’t lead to a voting site where we could check on the congresswoman’s voting record.

  3. So many of us were raised to be conscientious, honest, moral, hard working, etc. but there are many among us who seem to have no conscience at all. I’ve wondered who these individuals can possibly be. Are they some form of subhuman? What individual or thing influences them? How come we were placed on this planet among so many of these amoral types? So far, no answer to this mystery……

  4. I have often wondered the same things. I have to take it on faith that a higher power knows what is going on and it will all work out in the end. To know light, there must be darkness. To feel joy there must be sorrow. I can only assume that if there are those of us with a conscious, there are those without. I just hope there are more of us than them.
    Thanks for taking the time to comment.

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