From: [w--li--h] at [ix.netcom.com](William House ) Newsgroups: tx.politics,talk.politics.theory,talk.politics.misc,talk.politics.medicine,talk.politics.libertarian,talk.politics.guns,talk.politics.drugs Subject: History of Food and Drug Laws (Was: Re: Proposal for a "Libertarian" FDA. Date: 3 Mar 1996 10:36:06 GMT Milestones in U.S. Food and Drug Law History http://www.fda.gov/opacom/backgrounders/miles.html Milestones in U.S. Food and Drug Law History U.S. Food and Drug Administration August 1995 From the beginnings of civilization people have been concerned about the quality and safety of foods and medicines. In 1202, King John of England proclaimed the first English food law, the Assize of Bread, which prohibite d adulteration of bread with such ingredients as ground peas or beans. Regulation of food in the United States dates from early colonial times. Federal controls over the drug supply began with inspection of imported drugs in 1848. The following chron ology describes some of the milestones in the history of food and drug regulation in the United States. 1785 MASSACHUSETTS enacts the first general food adulteration law in the United States. 1820 Eleven physicians meet in the capitol at Washington to establish the U.S. PHARMACOPEIA, first compendium of standard drugs for the United States. 1848 DRUG IMPORTATION ACT passed by Congress requires U.S. Customs inspection to stop entry of adulterated drugs from overseas. 1850 CALIFORNIA passes a pure food and drink law, one year after the gold rush. 1862 PRESIDENT LINCOLN appoints a chemist, Charles M. Wetherill, to serve in the new Department of Agriculture. This was the begi nning of the Bureau of Chemistry, now the Food and Drug Administration in the Department of Health and Human Services. 1879 PETER COLLIER, chief chemist, U.S. Department of Agriculture, begins investigating food adulteration. The following year he recommends a national food and drug law. In the next 25 years more than 100 food and drug bills were introduced in Congress. 1883 DR. HARVEY W. WILEY becomes chief chemist of the USDA. He immediately assigns members of his staff to expand the studies of food adulteration. 1897 TEA IMPORTATION ACT passed, providing for Customs inspection of all tea entering U.S. ports, at the expense of the importers. 1898 PURE FOOD CONGRESS in Washington focuses attention on the growing national movement to secure a federal law against the misbranding and adulteration of foods and drugs. Its leader is Dr. Wiley. 1902 The BIOLOGICS CONTROL ACT is passed to insure purity and safety of serums, vaccines, and similar products used to prevent or treat diseases in humans. Congress appropriates funds to establish FOOD STANDARDS and to study the effects of chemicals on digestion and health. 1906 The original FOOD AND DRUGS ACT of 1906 is passed by Congress and signed by President Theodore Roosevelt. It prohibits interstate commerce in misbranded and adulterated foods, drinks and drugs. The MEAT INSPECTION ACT is passed the same day, June 30. Shocking disclosures of insanitary conditions in meat-packing plants, the use of poisonous preservatives and dyes in foods, and cure-all claims for worthless and dangerous patent medicines were the major problems leading to the enactment of these laws. 1907 First CERTIFIED COLOR REGULATIONS, requested by manufacturers and users, list seven found suitable for use in foods. 1911 In U.S. v. JOHNSON, the Supreme Court rules that the 1906 Food and Drugs Act did not prohibit false therapeutic claims but only false and misleading statements about the ingredients or identity of a drug. Congress enacts the SHERLEY AMENDMENT to overcome the ruling in U.S. v. Johnson. It prohibits labeling medicines with false therapeutic claims intended to defraud the purchaser, a st andard difficult to prove. 1912 After 29 years, Dr. Wiley retires as chief of the Bureau of Chemistry, and is succeeded by Dr. Carl L. Alsberg. 1913 GOULD AMENDMENT is enacted, requiring quantity of contents to be stated on food packages. 1914 In U.S. v. LEXINGTON MILL AND ELEVATOR COMPANY, the Supreme Court rules that foods containing poisonous or deleterious ingredients are illegal when the quantity of such ingredients may be injurious. Although the law does not require proof of actual injury, the mere presence of such an ingredient is not sufficient to make a food illegal. 1921 WALTER G. CAMPBELL becomes acting chief of the Bureau of Chemistry. 1924 In U.S. v. 95 BARRELS ALLEGED APPLE CIDER VINEGAR, the Supreme Court rules that the Food and Drugs Act condemns every statement, design or device which may mislead or deceive, even if technically true. 1927 A separate law enforcement agency is formed, first known as the Food, Drug, and Insecticide Administration and then, in 1930, as the Food and Drug Administration (FDA). The CAUSTIC POISON ACT requires warning labels and antidotes to protect children from being injured by lye and other dangerous chemicals. 1930 McNARY-MAPES AMENDMENT authorizes FDA standards of quality and fill-of-container for canned food. 1933 FDA recommends a complete revision of the obsolete 1906 Food and Drugs Act. The first bill is introduced into the Senate, launching a five-year legislative battle. 1937 An ELIXIR OF SULFANILAMIDE containing a poisonous solvent kills 107 persons, mostly children, dramatizing the need to establish drug safety before marketing and to enact the pending food and drug law. 1938 THE FEDERAL FOOD, DRUG, AND COSMETIC (FDC) ACT of 1938 is passed by Congress, containing new provisions: *Extending control to cosmetics and therapeutic devices. *Requiring new drugs to be shown safe before marketing--starting a new system of drug regulation. *Eliminating the Sherley Amendment requirement to prove intent to defraud in drug misbranding cases. *Providing that safe tolerances be set for unavoidable poisonous substances. *Authorizing standards of identity, quality, and fill-of-container for foods. *Authorizing factory inspections. *Adding the remedy of court injunctions to the previous penalties of seizures and prosecutions. 1939 FIRST FOOD STANDARDS issued (canned tomatoes, tomato puree, and tomato paste). 1940 FDA TRANSFERRED from the Department of Agriculture to the Federal Security Agency, with Walter G. Campbell appointed as the first Commissioner of Food and Drugs. 1941 INSULIN AMENDMENT requires FDA to test and certify purity and potency of this life-saving drug for diabetes. 1943 In U.S. v. DOTTERWEICH, the Supreme Court rules that the responsible officials of a corporation, as well as the corporation itself, may be prosecuted for violations. It need not be proven that the officials intended, or even to know, of the violations. 1944 PUBLIC HEALTH SERVICE ACT was passed, covering a broad spectrum of health concerns, including regulation of biological products and control of communicable diseases. 1945 PENICILLIN AMENDMENT requires FDA testing and certification of safety and effectiveness of all penicillin products. Later amendments extended this requirement to all antibiotics. In 1983 such control was found no longer needed and was abolished. 1948 MILLER AMENDMENT AFFIRMS that the Federal Food, Drug, and Cosmetic Act applies to goods that have moved in interstate commerce all the way to the ultimate consumer. 1950 In ALBERTY FOOD PRODUCTS CO. v. U.S., the court of appeals rules that the directions for use on a drug label must include the purpose for which the drug is offered. Therefore, a worthless remedy cannot escape the law by not stating the condition it is supposed to treat. OLEOMARGARINE ACT requires prominent labeling of colored oleomargarine, to distinguish it from butter. 1951 "DELANEY COMMITTEE" starts congressional investigation of the safety of chemicals in foods and cosmetics, laying the foundation for effective controls over pesticides, food additives, and colors. DURHAM-HUMPHREY AMENDMENT defines the kinds of drugs that cannot be safely used without medical supervision and restric ts their sale to prescription by a licensed practitioner. 1952 In U.S. v. CARDIFF, the Supreme Court rules that the factory inspection provision of the 1938 act is too vague to be enforced as criminal law (see factory inspection amendment , 1953). FDA CONSUMER CONSULTANTS are appointed in each field district to maintain communications with consumers and insure that FDA considers their needs and problems. 1953 FEDERAL SECURITY AGENCY becomes the Department of Health, Education, and Welfare (HEW). FACTORY INSPECTION AMENDMENT clarifies previous law and requires FDA to give manufacturers written reports of conditions observed during inspections and analyses of factory samples. 1954 PESTICIDES AMENDMENT spells out procedures for setting safety limits for pesticide residues on raw agricultural commodities. 1955 HEW SECRETARY OVETA CULP HOBBY appoints a committee of 14 citizens to study the adequacy of FDA's facilities and programs. The committee recommends a substantial expansion of FDA staff and facilities, a new headquarters building, and more use of educational and informational programs. 1958 FOOD ADDITIVES AMENDMENT enacted, requiring manufacturers of new food additives to establish safety. The Delaney proviso prohibits the approval of any food additive shown to induce cancer in humans or animals. 1959 U.S. CRANBERRY CROP recalled three weeks before Thanksgiving for FDA tests to insure freedom from ami notriazole, a weedkiller found to cause cancer in laboratory animals. THE FIRST NEW FDA DISTRICT OFFICE in 24 years, and the first in a building designed for scientific enforcement, opens in Detroit, Mich. 1960 COLOR ADDITIVE AMENDMENTS enacted, requiring manufacturers to establish the safety of color additives in foods, drugs and cosmetics. FEDERAL HAZARDOUS SUBSTANCES LABELING ACT, enforced by FDA, requires prominent label warnings on hazardous household chemical products. 1962 THALIDOMIDE, a new sleeping pill, is found to have caused birth defects in thousands of babies born in western Europe. News reports on the role of Dr. Frances Kelsey, FDA medical officer, in keeping the drug off the U.S. market, arouse public support for stronger drug regulation. KEFAUVER-HARRIS DRUG AMENDMENTS PASSED to ensure greater drug safety. For the first time, drug manufacturers are required to prove to FDA the effectiveness of their products before marketing them. The amendments also exempt from the Delaney proviso animal drugs that are shown to induce cancer. CONSUMER BILL OF RIGHTS is proclaimed by President John F. Kennedy in a message to Congress. Included are the right to safety, the right to be informed, the right to choose, the right to be heard. 1965 DRUG ABUSE CONTROL AMENDMENTS are enacted to deal with problems caused by abuse of depressants, stimulants and hallucinogens. NEW FDA WASHINGTON headquarters laboratory is occupied and dedicated. 1966 FDA CONTRACTS with the National Academy of Sciences/National Research Council to evaluate the effectiveness of 4,000 drugs approved on the basis of safety alone between 1938 and 1962. CHILD PROTECTION ACT enlarges the scope of th e Federal Hazardous Substances Labeling Act to ban hazardous toys and other articles so hazardous that adequate label warnings could not be written. FAIR PACKAGING AND LABELING ACT requires all consumer products in interstate commerce to be honestly and informatively labeled, with FDA enforcing provisions on foods, drugs, cosmetics, and medical devices. 1968 FDA BUREAU OF DRUG ABUSE CONTROL and Treasury Department Bureau of Narcotics are transferred to the Department of Justice to consolidate policing of traffic in drugs that are abused. REORGANIZATION of federal health programs places FDA in the Public Health Service. ANIMAL DRUG AMENDMENTS place all new animal drug regulation under one section of the Food, Drug, and Cosmetic Act--Section 512--making approval of animal drugs and medicated feeds more efficient. 1969 FDA begins administration of sanitation programs for milk, shellfish, food service, and interstate travel facilities, and for poisoning and accident prevention, transferred from other units of the Public Health Service. 1970 In UPJOHN v. FINCH the Court of Appeals upholds enforcement of the 1962 drug effectiveness amendments by ruling that commercial success alone does not constitute substantial evidence of drug safety and efficacy. ENVIRONMENTAL PROTECTION AGENCY established; takes over FDA program for setting pesticide tolerances. 1971 BUREAU OF RADIOLOGICAL HEALTH transferred to FDA. Its mission: protection against unnecessary human exposure to radiation from electronic products in the home, industry, and the healing arts. NATIONAL CENTER FOR TOXICOLOGICAL RESEARCH is established in the biological facilities of the Pine Bluff Arsenal in Arkansas. It s mission is to examine biological effects of chemicals in the environment, extrapolating data from experimental animals to human health. 1972 OVER-THE-COUNTER DRUG review begun to enhance the safety, effectiveness and appropriate labeling of drugs sold without prescription. REGULATION OF BIOLOGICS--including serums, vaccines, and blood products--is transferred to FDA. 1973 THE SUPREME COURT upholds the 1962 drug effectiveness law and endorses FDA action to control entire classes of products by regulations rather than to rely only on time-consuming litigation. LOW-ACID FOOD PROCESSING regulations issued to insure that low-acid packaged foods have adequate heat treatment and are not hazardous. CONSUMER PRODUCT SAFETY COMMISSION created by Congress; takes over programs pioneered by FDA under 1927 Caustic Poison Act, 1960 Hazardous Substances Labeling Act, 1966 Child Protection Act, and PHS accident prevention activities for safety of toys, home appliances, etc. 1976 MEDICAL DEVICE AMENDMENTS passed to ensure safety and effectiveness of medical devices, including diagnostic products. The amendments require manufacturers to register with FDA and follow quality control procedures. Some products must have pre-market approval by FDA; others must meet performance standards before marketing. VITAMINS AND MINERALS AMENDMENTS stop FDA from establishing standards limiting potency of vitamins and minerals in food supplements or regulating them as drugs based solely on potency. 1977 SACCHARIN STUDY AND LABELING ACT passed by Congress to stop FDA from banning the chemical sweetener but requiring a label warning that it has been found to cause cancer in laboratory animals. 1980 INFANT FORMULA ACT establishes special FDA controls to insure necessary nutritional content and safety. 1982 TAMPER-RESISTANT PACKAGING REGULATIONS issued by FDA to prevent poisonings such as deaths from cyanide placed in Tylenol capsules. The Federal Anti-Tampering Act passed in 1983 makes it a crime to so tamper with packaged consumer products. 1983 ORPHAN DRUG ACT enables FDA to promote research and approval and marketing of drugs needed for treating rare dise ases, which otherwise would not be profitable. 1984 FINES ENHANCEMENT LAWS of 1984 and 1987 amend the U.S. Code to greatly increase penalties for all federal offenses. The maximum fine for individuals is now $100,000 for each offense and $250,000 if the violation is a felony or causes death. For corporations, the amounts are doubled. DRUG PRICE COMPETITION AND PATENT TERM RESTORATION ACT expedites the availability of less costly generic drugs by permitting FDA to approve applications to market generic versions of brand-name drugs without repeating the research done to prove them safe and effective. At the same time, the brand-name companies can apply for up to five years longer patent protection for the new medicines they developed to make up for time lost while their products were going through FDA's approval process. 1985 AIDS TEST FOR BLOOD approved by FDA in its first major action to protect patients from infected donors. 1986 CHILDHOOD VACCINE ACT requires patient information on vaccines, gives FDA authority to recall biologics, and authorizes civil penalties. 1987 THE PRESCRIPTION DRUG MARKETING ACT bans the diversion of prescription drugs from legitimate commercial channels . Congress finds that the resale of such drugs leads to the distribution of mislabeled, adulterated, subpotent, or counterfeit drugs to the public. The new law requires drug wholesalers to be licensed by the states; restricts reimportation from other countries; and bans sale, trade or purchase of drug samples, and traffic or counterfeiting of redeemable drug coupons. 1988 FOOD AND DRUG ADMINISTRATION ACT of 1988 officially establishes FDA as an agency of the Department of Health and Human Services with a Commissioner of Food and Drugs appointed by the President with the advice and consent of the Senate, and spells out broadly the responsibilities of the Secretary and the Commissioner for research, enforcement, education, and information. GENERIC ANIMAL DRUG AND PATENT TERM RESTORATION ACT extends to veterinary products benefits given to human drugs under the 1984 Drug Price Competition and Patent Term Restoration Act. Companies can produce and sell generic versions of animal drugs approved after October 1962 without duplicating research done to prove them safe and effective. The act also authorizes extension of animal drug patents. 1990 NUTRITION LABELING AND EDUCATION ACT http://www.fda.gov/opacom/backgrounders/foodlabel/newlabel.html requires all packaged foods to bear nutrition labeling and all health claims for foods to be consistent with terms defined by the Secretary of Health and Human Services. The law preempts state requirements as to food standards, nutrition labeling, and health claims. SAFE MEDICAL DEVICES ACT of 1990 requires medical device user facilities such as hospitals and nursing homes to report promptly to FDA incidents that reasonably suggest a probability that a medical device caused or contributed to the death, serious illness, or serious injury of a patient. The act requires manufacturers to conduct post-market surveillance on devices that are permanent implants and whose failure may cause serious health consequences or death, a nd to establish methods for tracing and locating patients depending on such devices. The act authorizes FDA to order device product recalls, to issue "stop use" notices to health professionals and user facilities, and to impose civil penalties (fines) after hearings before an Administrative Law Judge. 1992 GENERIC DRUG ENFORCEMENT ACT imposes debarment and other penalties for illegal acts involving approval of abbreviated drug applications. PRESCRIPTION DRUG USER FEE ACT OF 1992 re quires drug and biologics manufacturers to pay fees for drug and biologics applications and supplements. In addition, these firms must pay an annual establishment fee and annual product fees. FDA will use these funds to hire more reviewers to assess applications. Unless Congress renews the act, the user fee law will expire at the end of FY 1997. MAMMOGRAPHY QUALITY STANDARDS ACT of 1992 required all mammography facilities in the United States to be accredited and federally certified as meeting quality standards effective Oct. 1, 1994. After initial certification, facilities must pass annual inspections by approved federal or state inspectors. 1994 DIETARY SUPPLEMENT HEALTH AND EDUCATION ACT establishes specific labeling requirements, provides a regulatory framework, and authorizes FDA to promulgate good manufacturing practice regulations for "dietary supplements" and "dietary ingredients" and classifies them as food. The act also establishes a commission to recommend how to regulate label claims. ANIMAL MEDICINAL DRUG USE CLARIFICATION ACT allows veterinarians to prescribe extra-label use of veterinary drugs for animals under specific circumstances. In addition, the legislation allows licensed veterinarians to prescribe human drugs for use in animals under certain conditions. FDA Home Page http://www.fda.gov/fdahomepage.html Milestones in U.S. Food and Drug Law History http://www.fda.gov/opacom/backgrounders/miles.html