The 1938 Federal, Food, Drug and Cosmetic Act: Essay Sample

Introduction

Consumer protection laws are evidently some of the most fundamental regulations which ascertain the safety of anything individuals consume. The watershed period for the 1938, Federal, Food, Drug, and Cosmetic Act occurred when it became necessary to create higher standards for drugs and also eliminate lies based on therapeutic effects of drugs that most producers used to increase their marketability. The 1906 law was inadequate for use which explains why the Food and Drug administration saw it fit to come up with better laws that would revolutionize the marketplace. The 1938, Federal, Food, Drug and Cosmetic Act was able to eliminate a number of inconsistencies in the 1906 law as will be illustrated below.

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Banbar is a drug that was previously believed to cure diabetes. The laws initially existent protected this perception despite the uncertainty involved. This led many destitute individuals to seek the drug relentlessly only to later discover that it was not in a position to cure them. Similarly, some of the packaged food contained Radithor, a harmful toxin which resulted in the death of many consumers. In addition, the Wilhide Exhaler also offered false hope to people suffering from tuberculosis by making them believe that they could be cured (Food, 1938). These horrors had to be eliminated by introducing the 1938 law.

Congress was initially reluctant to pass the law and this led it to remain unattended for up to five years. A Drug Company based in Tennessee came up with Elixir Sulfanilamide, a drug that ended up being very popular among pediatric patients. This later led to the death of more a 100 individuals, culminating in a public outcry that forced Congress to pass the law on the 25th of June 1938 (Food, 1938). This was meant to control the drugs and cosmetics which had already infiltrated the market leading to negative effects. The premarket evaluation was now a necessity and manufacturers were put to task since they were required to offer assurance that any new drug they were creating was safe for consumption. This law mainly focused on 3 standards. These are the standard of quality, regulating the fill of container and identity. It is nonetheless, apparent that after its inception, the law managed to regulate the many drugs emerging within the market resulting in the safety of all individuals.

Conclusion

It is undeniable that the introduction of the 1938, Federal, Food, Drug and Cosmetic Act was of great necessity. Initially, individuals relied on whatever various manufacturers established despite the great dangers involved. The 1906 Act previously in place was unreliable and could easily be manipulated. Owing to the problems being faced by individuals, it became necessary to come up with a new law that would protect consumers. One can, therefore, conclude that the emergence of the new regulation is arguably one of the best things that ever happened.

Reference

Food, F. (1938). Drug, and Cosmetic Act, Pub. L.