[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 21USC343-2]
TITLE 21--FOOD AND DRUGS
CHAPTER 9--FEDERAL FOOD, DRUG, AND COSMETIC ACT
SUBCHAPTER IV--FOOD
Sec. 343-2. Dietary supplement labeling exemptions
(a) In general
A publication, including an article, a chapter in a book, or an
official abstract of a peer-reviewed scientific publication that appears
in an article and was prepared by the author or the editors of the
publication, which is reprinted in its entirety, shall not be defined as
labeling when used in connection with the sale of a dietary supplement
to consumers when it--
(1) is not false or misleading;
(2) does not promote a particular manufacturer or brand of a
dietary supplement;
(3) is displayed or presented, or is displayed or presented with
other such items on the same subject matter, so as to present a
balanced view of the available scientific information on a dietary
supplement;
(4) if displayed in an establishment, is physically separate
from the dietary supplements; and
(5) does not have appended to it any information by sticker or
any other method.
(b) Application
Subsection (a) of this section shall not apply to or restrict a
retailer or wholesaler of dietary supplements in any way whatsoever in
the sale of books or other publications as a part of the business of
such retailer or wholesaler.
(c) Burden of proof
In any proceeding brought under subsection (a) of this section, the
burden of proof shall be on the United States to establish that an
a
