21 U.S.C. § 343-2 : US Code - Section 343-2: Dietary supplement labeling exemptions

Search 21 U.S.C. § 343-2 : US Code - Section 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 article or other such matter is false or misleading.