There is a fine and possible jail time from 1-2 years for posting scientific facts that state an herb or supplement helps cure something. So even though studies show cherries help ease arthritis and gout, they can not put that on their label or web site. If they do they could face time in jail.
Currently there is legislation trying to get that jail time increased up to ten years. The original bill introduced has been improved but two words still leave a large hole in how the words are interpreted.
“Adulterated or misbranded”.
In the FD&C Act, “misbranding” (section 403) takes on a completely different meaning. It can mean that the producer makes a completely true statement about the product but without FDA permission.
Under the FD&C Act,“adulteration (section 402)” says that a dietary supplement is considered adulterated if it does not follow “current good manufacturing practices” (CGMPs)—which are extremely broad, even containing such minor provisions as record-keeping practices. In other words, the FDA could threaten a ten-year jail sentence for minor paperwork errors if the agency took the position that the bill did apply to supplements.
The bill has been re-introduced in the Senate as S.216. To read more on the bill click here.
Could Dr. Andrew Weils do jail time for stating his Immune Support Formula, which contains astragalus – helps ward off colds and flu.
Back in 2009 the FDA sent Dr Weils a letter telling him to stop marketing his product with a scientific fact. Here’s a part of the letter.
“This product is your Immune Support Formula. The marketing of this product violates the Federal Food, Drug, and Cosmetic Act (FFDC Act). 21 U.S.C. §§ 331, 351, 352. We request that you immediately cease marketing unapproved, uncleared, or unauthorized products for the diagnosis, mitigation, prevention, treatment, or cure of the H1N1 Flu Virus.
You should take immediate action to ensure that your firm is .not marketing, and does not market in the future, products intended to diagnose, mitigate, prevent, treat or cure the H1N1 Flu Virus that have not been approved, cleared, or authorized by the FDA.”
You can see the FTC threats against Dr. Weil on the FTC’s own website:
A new bill is being introduced. This is a small bill with vast potential leverage. Congressmen Jason Chaffetz (R–UT) and Jared Polis (D–CO) have introduced the Free Speech about Science Act (HR 1364). This landmark legislation protects basic free speech rights, ends censorship of science, and enables the natural health products community to share peer-reviewed scientific findings about natural health products with the public.
You can help support this bill by clicking.Alliance for Natural Health
You can also visit Congressman Chaffetz info about bill here.