Docket Management
Docket: 02N-0209 - Request for Comment on First Amendment Issues
Comment Number: EC -290

Accepted - Volume 4

Comment Record
Commentor Mr. Matthew J. Turner Date/Time 2002-07-30 17:53:27
Organization Attorney
Category Individual

Comments for FDA General
8. Do FDA's speech-related regulations advance the public health concerns they are designed to address? Are there other alternative approaches that FDA could pursue to accomplish those objectives with fewer restrictions on speech? I represent clients who market alternative health care newsletters and dietary supplements. I’ve edited numerous copy for disease claims even when there was substantial medical evidence confirming those claims. For example, in promotional copy for one of our client’s supplements, they could not say Purdue University found that graviola “killed cancer cells among six human-cell lines” and was “effective against prostate and pancreatic cancer cells in laboratory research” even though this was precisely what happened. This was the same research supported by a grant from the National Cancer Institute. Even though the copy is truthful and non-misleading, it’s restricted under DSHEA. When truthful information is prohibited from reaching consumers, it prevents them from obtaining the actual facts and making informed decisions about what supplements can/cannot do. Truth should not be censored.

EC -290