Stop Congress from giving FTC unbridled power
Urgent Action Needed!
U.S. Senate Floor Debate Happening Now! Don’t Let Congress Give FTC Broad Rulemaking Power Which Could Harm Free Speech about Dietary Supplements
(from the desk of Diane Miller J.D.
at National Health Freedom Action)
Stop Congress from giving FTC unbridled power to make rules about communicating information in the market place. Deleting the current rulemaking restrictions in law that keep the agency’s power in check could result in unprecedented bans and censorship on speech in the marketplace, impacting speech on foods and dietary supplements and a host of other industries. Communication and information is the foundation of freedom. Protect free speech in our country.
The U.S. House of Representatives accepted a hostile and un-germaine amendment section into their “Wall Street Consumer Protection Act” H.R. 4173. This amendment, Section 4901, has nothing to do with finance reform, but it would hugely expand the Federal Trade Commission’s (FTC) rulemaking authority, giving them unbridled power to act against many businesses. H.R. 4173, now being used as a political vehicle to carry the FTC amendment expanding the general powers of the FTC, passed the full House and was sent to the Senate in late January 2010 where it was referred to Senator Dodd’s committee on Banking, Housing, and Urban Affairs.
Senator Dodd, Chairman of the Banking Committee, has his own companion finance reform bill, S.3217, “Restoring American Financial Stability Act of 2010” and in April 2010 moved his bill forward to the full Senate floor where it is now being debated. S.3217 does NOT have the House FTC expansion of powers language in it.
We need to ACT NOW and ask all Senators to reject any amendments to S. 3217 that would attempt to put the House language of Section 4901 of H.R. 4173 in the Senate bill, or that would expand the general rulemaking powers of the Federal Trade Commission. We need to ask them that even if both bills go to a conference committee that they reject the house FTC expansion language.
FTC’s history of abuse of power was noted in the late 1970’s and curbed by passing laws (Magnuson-Moss procedure) to put restrictions on the FTC’s activities. H.R. 4173 is attempting to wipe these restrictions out and to reinstate broad powers for the FTC, making businesses, including dietary supplement manufacturers, once again vulnerable to the biased activities of this huge agency.
Attorney Jonathan Emord states that “Section 4901 removes procedural safeguards that have long prevented FTC from abusively expanding its jurisdiction to regulate all manner of business practices through general rule applicable to entire industries rather than through case by case adjudication applicable to specific parties alleged to have engaged in wrong-doing. The effect is to impose on law abiding parties enormous new regulatory burdens and costs, an undeserved punishment but a particularly onerous one during these tough economic times.” (Attorney Jonathan Emord JD)
Millions of citizens care passionately about the dietary supplement industry. It would be a disaster for consumers and manufacturers alike to disallow the use of hundreds of years of traditional use, as well as the science currently allowed to be used for substantiation, to be thrown out the window.
PLEASE ASK YOUR SENATOR OR CONGRESSPERSON TO OPPOSE ANY AMENDMENT THAT WOULD GIVE THE FTC MORE POWER. IT IS NOT GERMAINE TO THE WALL STREET AND BANKING REFORM. PLEASE HELP STOP ANY EXPANSION OF FTC AUTHORITY.
Diane M. Miller J.D.
Director of Law and Public Policy
National Health Freedom Action
PMB 218, 2136 Ford Parkway
St. Paul, MN 55116-1863