A Lengthier-Than-Expected History of the 1938 Food, Drug and Cosmetic Act: Part 5

By bmartin on April 20, 2009 10:04 AM |

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In relentless pursuit of food and drug law reform, Copeland introduced a second version of S. 5 (S. 5 no. 2 or S. 5-1937) into the Senate in December 1936. A companion bill in the House, HR 300, was launched concurrently by Virgil Chapman. Important differences between the 2 bills rested in clauses defining seizure rules, drug-strength variations, and penalties for false advertising; but the main point of contention remained the FDA's proposed control over drug marketing. Industry—which was now becoming anxious for a federal law that would override the increasing tangle of state drug laws*—was evidently split on the point of advertising purview by the FDA and the FTC.

With the input of the FDA and the influence of the all-important women's groups (who had the backing of Eleanor Roosevelt), S. 5 no. 2 was strengthened in committee on the points of misbranding and seizures. The bill was passed by the upper chamber on March 9, 1937, and forwarded to the House, where the FTC had historically exerted its influence to retain advertising control.

The power struggle between the FDA and the FTC was further complicated by the simultaneous introduction of the Wheeler-Lea bill, which was drafted to expand the FTC's authority. The measure (S. 1077), spearheaded by Senator Burton Wheeler (D-MT) and Representative Clarence Lea (D-CA), was sent to the House after Senate passage on March 29, 1937. The timing meant that both the Copeland-Chapman bill and the Wheeler-Lea bill would be debated in House committee at the same time—in this case, mid-May of 1937. Political maneuvering between the Chapman and Lea camps would keep both measures in House limbo when Massengill's Elixir Sulfanilamide hit the market during the fall of 1937.

* From January 1935 to October 1936, 92 drug-related laws had passed in 39 states.

Chief source: Jackson Co. Food and Drug Legislation in the New Deal. Princeton, NJ: Princeton University Press; 1970.

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This page contains a single entry by bmartin published on April 20, 2009 10:04 AM.

Kick-Back Friday: #62 was the previous entry in this blog.

A Lengthier-Than-Expected History of the 1938 Food, Drug and Cosmetic Act: Part 6 is the next entry in this blog.

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