Last Call

Ladies and Gentlemen, my senator, Rand Paul:

Mr. President, today I'm offering an Amendment to the FDA. I'm troubled by images of armed agents, armed FDA agents raiding Amish farms and preventing them from selling milk directly from the cow. I think we have bigger problems in our country without sending armed FDA agents onto peaceful farmers land and telling them they can't sell milk directly from the cow.

My Amendment has three parts, first, it attempts to stop the FDA's overzealous regulation of vitamins, food and supplements by codifying the First Amendment's prohibition on prior restraint. What do I mean by that? The First Amendment says you can't prevent speech, even commercial speech, in advance of this speech. You can't tell Cheerios that they can't say that there is a health benefit to their Cheerios.  Under our current FDA laws, FDA says if you want to market prune juice, you can’t say that it cures constipation.

You can’t make a health claim about a food supplement or about a vitamin, you can do it about a pharmaceutical, but you’re not allowed to do it about a health supplement.

I think this should change. There have been several court cases that show this goes against not only the spirit but the letter of the law of the First Amendment. So this amendment would change that.
This amendment would stop the FDA from censoring claims about curative, mitigative effects of dietary supplements. It would also stop the FDA from prohibiting distribution of scientific articles and publications regarding the role of nutrients in protecting against disease. Despite four court orders condemning the practice as a violation of the First Amendment, the FDA continues to suppress consumers’ right to be informed and to make informed choices by denying them this particular information. It’s time for Congress to put an end to FDA censorship.

In other words, if the food giants and the drug giants want to lie and say their product cures cancer, they should be allowed to.  If the product doesn't do what the claims say they do and actually ends up killing you, well then the free market will step in and consumers will put that company out of business.  Furthermore, the FDA saying "But these claims aren't true, you can't use them" is robbing our precious mega-corporations of the Founder's God-Given Right(tm) to bilk you out of billions with false data and misleading studies.  After all, if you're not smart enough to be able to judge the claims on your own, you deserve to have the Invisible Hand take your wallet.

Freedom to be fleeced for everybody!  What's more American than that?