TITLE: An act to require data transparency in public health communications.
PURPOSE: Ensures that all affirmative statements issued by a state’s department of health are accompanied by accessible citations to supporting data, and that public health content is based on independently replicated research, untainted by financial conflicts of interest.
JUSTIFICATION: Government health authorities must maintain public trust through transparency, scientific rigor, and freedom from financial bias. Affirmative statements—especially those published on public platforms—should be based on independently verified data, not industry-sponsored research. This act promotes accountability and empowers citizens to demand that public health information be both accurate and independently validated with easily accessible citations.
TEXT
Section 1. Duty to cite supporting data.
The state’s department of health (the “Department”) shall not issue or publish any affirmative statement concerning health, safety, medicine, disease prevention, or medical products unless the statement is accompanied by an easily accessible and legible citation or direct reference to the supporting data, source material, or scientific basis relied upon in making the statement.
This requirement applies to all statements made by the Department or its employees, agents, or representatives, including but not limited to:
(a) verbally, including at press conferences and public meetings;
(b) in writing, including printed materials, reports, signs, or mailings;
(c) electronically, including content posted on websites, mobile apps, emails, or social media platforms; and
(d) any statements, links, citations, references, or similar content provided by third parties and, displayed, reproduced, or referenced by the Department in any medium.
Where a communication’s format does not permit inline citation (such as audio or video formats), the Department shall make the source material publicly available in a clearly identified location on its website or equivalent digital platform and shall provide an easily accessible weblink thereto.
Section 2. Requirement for independent, replicated studies on official websites.
Any statement published on the Department’s official website must be supported by at least one independently replicated study, review, or report that was not funded in whole or in part by a pharmaceutical company, its affiliates, or any entity with a direct or indirect financial interest in the outcome of the research.
The Department may not rely on:
- Studies funded or conducted by a pharmaceutical company or authored or conducted, in whole or in part, by any individual or entity that has received any form of funding from a pharmaceutical company;
- Single, unreplicated studies.
Each citation must clearly identify the independent source for the statement and provide easily attainable access to the study or studies supporting the claim. If no such independent and replicated study exists, the statement shall not be published on any public platform.
Section 3. Public access to cited material.
All supporting data or citations shall be accessible to the public at no cost and maintained in an organized and easily searchable format. If the source data is proprietary or subject to third-party restrictions, the Department may not use such sources as support for any public statement unless and until it can be made accessible to the public.
Section 4. Enforcement by public officials.
The Attorney General or any other appropriate state enforcement authority may investigate, issue cease-and-desist orders, and bring a civil enforcement action to compel compliance with this Act. Reviewing courts may order injunctive relief, civil penalties, and any other relief necessary to ensure compliance.
Section 5. Citizen enforcement.
Any resident of the state may bring a civil action for injunctive or declaratory relief in a court of competent jurisdiction if the Department violates this Act. If a reviewing court finds that a violation occurred, it shall order corrective publication to be issued by the Department and may impose a civil penalty of up to $5,000 per violation and shall award attorneys’ fees and costs.
Section 6. Definitions.
For purposes of this section,
- “Affirmative statement” means any factual assertion, claim, or representation made by the Department, including but not limited to those regarding health risks, safety measures, medical treatments or procedures, vaccination benefits, or disease-related data.
- “Citation” means a reference to publicly accessible data, research, or primary source material relied upon by the Department in making the statement.
- “Publish” or “issue” means to communicate through any channel accessible to the public, whether by print, signage, billboard, email, website, press conference, public service announcement, or electronic broadcast.
- “Replicated study” means a study whose key findings have been independently verified by at least one other published peer-reviewed study, review, or report using comparable methodology.
- “Independently funded” means not funded, directly or indirectly, by any pharmaceutical company or other entity or individual with a direct or indirect financial interest in the outcome of the research or authored by any individual or entity that has received any form of funding or remuneration from any pharmaceutical company.
Section 7. Whistleblower protections.
No employee, contractor, or agent of the Department shall be subject to any adverse employment action, retaliation, or disciplinary measure for reporting, in good faith, a violation of this Act.
An individual who suffers retaliation in violation of this section may bring a civil action for:
- reinstatement or restoration of position;
- back pay and benefits;
- compensatory damages; and
- attorneys’ fees and costs.
Reports made under this section may be submitted internally within the Department or externally to the Attorney General, the state auditor, a legislative oversight body, a court of competent jurisdiction, or to the press or media.
