Health Claim Free For All

The FDA is getting sued. Why? Because they have the audacity to make food products qualify their claims.

If one study shows positive results, but 20 studies show negative results, the product makers want to be able to tout the health benefits — even though there are negative data out there.

Shocking.

Here is the article. Basically, the food industry is treating science data as “free speech”. I’m not making this up.

“The FDA is refusing to honor the Court’s ruling in Pearson v Shalala and the mandates governing the qualified health claims system. The law states you cannot censor statements of science simply because the science is inconclusive.”

Here’s the catch-22. They want to use science, because science lends the weight of absolute fact. But they don’t want to be bound by the nature of science — which is that “one study does not a conclusion make”. You can ALWAYS get studies to agree with your desired conclusion by manipulating the data, the study design, and even the questions that you ask!

Great that the FDA is sticking to their guns because, otherwise, science data just becomes nothing more than a retail marketing schtick.