Food, Drug, and Cosmetic Act of 1938

Food, Drug, and Cosmetic Act of 1938

The Federal Food, Drug, and Cosmetic Act of 1938 greatly increased both the FDA’s regulatory power and the scope of its attentions.  The law expanded the agency’s focus beyond fraud to encompass safety as well. Most importantly, the 1938 act was the first law to require the testing of drugs before they were sent to market. It also banned drugs that didn’t list all their active ingredients. The Food, Drug and Cosmetic Act expanded the FDA’s authority to cover all medical devices and all cosmetics (with the exception of soap), and provided stronger regulation over deceptive packaging for food containers. 

Commentary

US Capitol building

Darrel Issa’s Government Handover

January 05, 2011

Cry Wolf Quotes

Unlimited power entrusted to bureaucrats warps their judgment on the opinions they might have as normal citizens.

-
William L. Daley of the National Editorial Association warned.

You are about to lose a substantial amount of advertising revenue from food, cosmetic and drug manufacturers…You need to bring all the personal pressure you can upon your Senators and Representatives. You need to enlighten and thereby arouse your public against this bill that is calculated to greatly restrict personal rights….We would be only one of the many drug, cosmetic, and food advertisers who will be forced to liquidate in this manner.

-
One pharmaceutical company representative to a newspaper (neither one is specified).

The disastrous provisions of this bill could wreck the industry of pharmacy.

-
Bruce Philip, Counsel for the National Association of Retail Druggists,testimony to the Senate Committee on Commerce

If this bill should become law, we will be forced to cancel immediately every line of advertising.

-
One patent-medicine maker (unnamed) had written to multiple newspapers with the warning.