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Homeopathic medicines make up a multi-billion dollar industry in the United States. Despite being included in the Food, Drug and Cosmetic Act, the Food and Drug Administration (FDA) has never enforced the requirement that the homeopathic industry demonstrate safety or efficacy of its products prior to putting them on the market. Although drug regulation falls within the purview of the FDA, labeling the products is regulated by the Federal Trade Commission (FTC).
In 2015 both the FDA and FTC announced workshops to review how over the counter (OTC) homeopathic products are marketed. Both agencies have the authority to increase the regulation and labeling requirements for these products. The reviews generated thousands of public comments, and the FTC is the first to release their decision in a Staff Report and an Enforcement Policy Statement.
In summary, there is no basis under the FTC Act to treat OTC homeopathic drugs differently than other health products. Accordingly, unqualified disease claims made for homeopathic drugs must be substantiated by competent and reliable scientific evidence. Nevertheless, truthful, nonmisleading, effective disclosure of the basis for an efficacy claim may be possible. The approach outlined in this Policy Statement is therefore consistent with the First Amendment, and neither limits consumer access to OTC homeopathic products nor conflicts with the FDA's regulatory scheme. It would allow a marketer to include an indication for use that is not supported by scientific evidence so long as the marketer effectively communicates the limited basis for the claim in the manner discussed above.
Essentially, any homeopathic product that isn't backed up by competent and reliable scientific evidence must communicate on its label that:
- there is no scientific evidence that the product works
- the product's claims are based only on theories of homeopathy from the 1700s that are not accepted by most modern medical experts.
Though largely seen as a win for consumer awareness, Slate notes the potential for this to backfire by noting that those who seek out homeopathic medicine will only have their resolve strengthened by seeing a statement pointing out that the contents of the bottle they are holding are not endorsed by the scientific community.
(Score: 0) by Anonymous Coward on Sunday November 27 2016, @11:40PM
With conservatives controlling the Supreme Court, both houses of Congress, and the presidency, perhaps we can look forward to the reversal of this infringement on the First Amendment. Cigarettes and food shouldn't be labeled, either. It costs manufacturers money and forces them to say things they don't want to say (compelled speech).
(Score: 0) by Anonymous Coward on Monday November 28 2016, @02:26AM
Oh, fuck you. Compelled speech my ass. It's called Compelled Fucking Truth that leads to Information Symmetry. The latter which pisses them off because it costs them money when they do shit we don't like and we can tell.
You don't get to fucking lie, and We the People very much do get to ask fucking questions about our food and medicine, and corporations being forced to answer truthfully ISN'T an issue of the 1st. At most, it is an issue of the 5th if the corporation is doing something wrong already.
We have the rights to information and if those cocksuckers want a license to sell in a county, we have the rights to mandate they fill out a manifest, list ingredients, and be held accountable for what they say something is, what is in it, etc.
It's fucking bullshit beyond belief and intellectually offensive to suggest truthful labeling of products as compelled speech. It betrays your position that you believe you can sell something to somebody while exploiting information asymmetry, or in other words, dishonest dealing. Demanding truth is a right we all have.
It's not an issue of whether or not it is Constitutional, but an issue of truth in advertising. No, that is not an unreasonable burden placed upon corporations. Oh noes! I have to tell the truth! My dreams of Capitalist conquest denied by my customers having truth! The injustice of it all!
(Score: 0) by Anonymous Coward on Monday November 28 2016, @06:20AM
I really thought he was being sarcastic. Removing health information from products is pretty nutty.