Defend Natural Health Game Changer!

by The ANH Team | Sep 5, 2024

THE TOPLINE

• The Chevron doctrine, which allowed federal agencies to interpret ambiguous laws with broad authority, was recently overturned by the Supreme Court, creating a more favorable environment for natural health products by preventing agency overreach.
• Senator Elizabeth Warren has introduced a bill (SB 4749) to reinstate the Chevron doctrine, handing power otherwise reserved for the courts back to federal agencies like the FDA and FTC whenever legal ambiguity prevails.
• We must oppose SB 4749, preventing the bill from gaining support and potentially reversing recent legal gains for natural health freedom.

In the wake of a landmark Supreme Court ruling that checked the power of federal agencies like the FDA and the FTC, lawmakers in Congress have introduced a bill to roll back the clock on that decision. This will permanently give agencies the authority to inappropriately create policy in areas where the letter of the law is unclear or ambiguous. We must oppose this bill.

To recap, this involves the Chevron doctrine. We explained this principle of administrative law in previous coverage. Back in 1984 in Chevron v. Natural Resources Defense Council, the Supreme Court ruled that, when a law passed by Congress is unclear or ambiguous on a topic, courts should defer to a federal agency’s interpretation of the statute. This gave agencies incredible leeway to interpret laws and set policies that are then almost impossible for members of the public to challenge…until June 28th of this year, when the Chevron doctrine was overturned by the Supreme Court.

We applauded this court ruling because it creates a more hospitable climate for natural health. For example, the FTC has censored speech about the benefits of natural products through its interpretation of what constitutes “competent and reliable” scientific evidence. The agency sets the bar at clinical trials because supplement companies can’t afford to do them, ignoring mountains of other kinds of legitimate scientific evidence to prevent certain health claims. This denies consumers access to crucial information that could benefit their health.

That’s just one example. We’re currently working with our General Counsel, Jonathan Emord, Esq., on several other legal challenges that leverage the overturning of Chevron to advance the cause of natural health.

The bill in Congress was introduced by Senator Elizabeth Warren (D-MA) just weeks after the Supreme Court ruling. It essentially attempts to codify the Chevron doctrine into law, and should it get the green light, it would require courts to defer to agency interpretations of ambiguous statutes. As yet, the bill is not moving, nor does it have bipartisan support.

We cannot let this bill gain momentum and undermine our push to extend natural health freedoms before it has even begun.

Action Alert! Write to Congress and tell them to oppose SB 4749. Please send your message immediately.