On the recordMay 23, 2012
Mr. President, today I am offering an amendment to the FDA. I am troubled by images of 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 prohibition on prior restraint. What do I mean by that? The first amendment says we can't prevent speech--even commercial speech--in advance of the speech. We can't tell Cheerios they can't say that there is a health benefit to their Cheerios. Under our current FDA laws, the FDA says that if someone wants to market prune juice, they can't say it cures constipation. They can't make a health claim about a food supplement or about a vitamin. They can do it about a pharmaceutical, but they are 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, or preventive effects of dietary supplements.…





