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Food, Drug, and Cosmetic Act of 1938

“Nutrition Facts” label from a package of pasta. PHOTOGRAPH BY KELLY A. QUIN. THE GALE GROUP.

and the way goods are packaged. For example, medicines FOOD, DRUG, AND
and products dangerous to children are now packaged in COSMETIC ACT OF 1938
childproof bottles, and labels on containers of food
The Food, Drug, and Cosmetic Act of 1938 is the most
products must list the nutritional contents and their
important of the pure food and drug acts passed and
amounts.
administered by the U.S. Food and Drug Administration
Any company that produces a product that is under (FDA) of the U.S. Department of Health and Human
the jurisdiction of the FDA has felt the pressure of its reg- Services. Food and drug laws were enacted to ensure the
ulations, and complaints have been made about the slow- safety, proper labeling, and purity of foods, drugs, vac-
ness of the FDA’s procedures. However, no country’s cines, devices, and cosmetics. The 1938 act is a revision of
citizens enjoy more protection regarding the products the first food and drug law, passed in 1906, which
they use than U.S. citizens.
brought attention to many abuses in the form of poor
More information is available from the Food and health practices and excessive pricing. The revised law of
Drug Administration, 5600 Fishers Lane, Rockville, MD 1938 and subsequent amendments give consumers greater
20857, or http://www.fda.gov. protection from dangerous and impure foods and drugs;
these laws require labeling that discloses the nature of the
SEE ALSO Consumer Advocacy and Protection
contents of the package, informing the buyer as to the
product’s composition and giving the buyer some insight
BIBLIOGRAPHY as to the value of the product. These laws also provide
Food and Drug Administration. Frequently Asked Questions. safeguards against the introduction of untested new drugs.
Retrieved October 18, 2005, from http://www.fda.gov/ The Food, Drug, and Cosmetic Act of 1938
opacom/faqs/faqs.html.
addressed the wholesomeness of the food supply by giving
Food and Drug Administration. Information Sheets, “Guidance the FDA powers to engage in economic regulation, set
for Institutional Review Boards and Clinical Investigators”. legally enforceable food standards, and establish affirma-
Retrieved October 18, 2005, from http://www.fda.gov tive labeling requirements. Consequently, the FDA exam-
/oc/oha/IRB/toc.html.
ines food products’ adulteration from the perspectives of
Food and Drug Administration. Milestones in United States Food both wholesomeness and safety. For example, the FDA
and Drug Law History. Retrieved October 18, 2005, from has investigated several cases involving the alteration of
www.fda.gov/opacom/backgrounders/miles.html.
fruit juices by dilution with sugar water or less expensive
Food and Drug Administration. Small Business Guide to FDA. juices that represent both reductions in wholesomeness
Retrieved October 18, 2005, from http://www.fda.gov and economic fraud.
/ora/fed_state/Small_Business/sb_guide/default.htm.
Another condition of economic fraud covered by the
Food and Drug Administration. Warning Letters. Retrieved Food, Drug, and Cosmetic Act is misbranding of food by
October 18, 2005, from manufacturers: The food is not adulterated, but the con-
http://www.fda.gov/foi/warning.htm.
sumer is deceived. In 1993 the FDA seized 2,400 cases of
Procter & Gamble’s Citrus Hill orange juice because the
Val Hinton label used the word fresh when the product was produced
Mary Jean Lush from concentrate.

322 ENCYCLOPEDIA OF BUSINESS AND FINANCE, SECOND EDITION