The lycopene petitions were filed by American Longevity and a group of lycopene-based companies, including Heinz and LycoRed, called the Lycopene Health Claim Coaliton. in response the FDA decision on lycopene claims, the compaines involved formed the Coalition to End FDA and FTC (Federal Trade Commission) Censorship, in support of a bill, the Health Freedom Protection Act (H.R. 4282), introduced Nov. 9 and backed by eight congressman, including Ron Paul (R-Texas), Walter Jones (R-N.C.), John Duncan (R-Tenn.), Peter DeFazio (D-Ore.), Roscoe Bartlett (R-Md.), Dan Burton (R-Ind.), Jeff Miller (R-Fla.) and Rob Bishop (R-Utah).
If enacted, the bill would ammend the health claim provisions of the Food, Drug and Cosmetic Act to allow truthful disease and treatment claims for foods and dietary supplements. The bill would also limit FDA''s use of disclaimers on health claims, the time spent approving or denying a claim petition to 100 days, the agency''s right to waive conflicts of interest on ruling it''s board, and it''s contol over consumer access to submitted scientific evidence. Further, the bill seeks to overturn the denial or restriction of previous claims- including omega-3s and heart disease/heart attacks, saw palmetto and benign prostatic hyperplasia, glucosamine-chondroitin and osteoarthritis, and calcium and bone loss - as well as lift restrictions against claims involving treatment of specific signs or sympton, as long as the disease is not mentioned.
The bill also targets FTC, seeking to exempt all publications from deceptive advertising regulation, including summaries of peer-reviewed research findings, in additon to mandating FTC prove an ad is misleading before bringing charges against advertisers.
