Statement of Timothy J. Muris*

Announcement of FDA Task Force Report on Consumer Health Information Initiative

July 10, 2003

*The views expressed are those of FTC Chairman Muris and do not necessarily reflect those of the Federal Trade Commission.

I am pleased to join Dr. McClellan for these important announcements.

Health care costs in the United States are skyrocketing. Scientific research increasingly shows that better diets and better nutrition can improve Americans’ health. Indeed, every day there are major advancements in our understanding of how diet impacts health. For example, we are learning more about the role that different types of fat play in the risk of developing heart disease. Yet for too long we have followed policies that – with the best of intentions – have restricted the availability of this information to consumers. Sometimes even dietary advice given by the American Heart Association and other respected organizations has been prohibited in food labeling. The goal of the Consumer Health Information for Better Nutrition Initiative is to make sure that consumers get more of this information more quickly so they can make healthier food choices.

The Federal Trade Commission staff has actively participated in the work of the Task Force. The report and guidance documents issued today begin a more workable system to increase truthful claims about the role particular foods can play in more healthy diets.

The consumer research agenda is an important part of the Task Force proposal. Consumers cannot make informed decisions about their dietary choices unless they understand the information being presented to them. We need a clear grasp of how best to communicate emerging diet and health information without misleading consumers.

Greater access to health information, however, is meaningless, unless the information is accurate. Last December, we committed to crack down on fraudulent health claims for dietary supplements and other products. Since then, the two agencies have made good on that promise. In this time, the FTC has filed or resolved 17 enforcement actions against false or misleading advertising of dietary supplements and other devices and therapies. These were not small sellers; the estimated sales for these products were over $1 billion.

Among these enforcement action efforts are two cases that involved simultaneous FTC federal court action and FDA product seizure. One targeted Seasilver USA for Internet marketing of a supplement that was promoted to treat or cure cancer, AIDS, diabetes, and 650 other diseases; the other was against heavily aired infomercials touting Coral Calcium Supreme to treat or cure cancer, multiple sclerosis, heart disease, and other serious conditions. Even when we acted independently, FDA staff provided invaluable technical and scientific support to us. One example was our recent action against Glenn Braswell and his company Gero Vita, for a massive marketing campaign selling a myriad of supplements for everything from Alzheimer’s to weight loss.

Together, the FTC and the FDA have recently also issued a combined total of more than 200 warning letters, cyber letters, and e-mail advisories. The warnings have targeted promotionspreying on consumer fears about biological, chemical, and nuclear terrorism threats, and the SARS epidemic. The agencies are closely monitoring compliance with these warnings.

The FTC will continue to work with the FDA to police the marketplace for deceptive claims. We know that the success of the Consumer Health Information for Better Nutrition Initiative depends on it.