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The Pure Food and Drug Act of 1906 was the first of a series of significant consumer protection laws which was enacted by Congress in the 20th century and led to the creation of the Food and Drug Administration. Its main purpose was to ban foreign and interstate traffic in adulterated or mislabeled food and drug products, and it directed the U.S. Bureau of Chemistry to inspect products and refer offenders to prosecutors. It required that active ingredients be placed on the label of a drug’s packaging and that drugs could not fall below purity levels established by the United States Pharmacopeia or the National Formulary. The Jungle by Upton Sinclair was an inspirational piece that kept the public's attention on the important issue of unsanitary meat processing plants that later led to food inspection legislation.

Contents

1 Historical significance 2 Particular drugs deemed dangerous 3 History of passage 4 Beginnings of the Food and Drug Administration 5 Enforcement of labeling and future ramifications 6 References

6.1 Sources

7 External links

Historical significance[edit] The Pure Food and Drug Act of 1906 was a key piece of Progressive Era legislation, signed by President Theodore Roosevelt on the same day as the Federal Meat Inspection Act. Enforcement of the Pure Food and Drug Act was assigned to the Bureau of Chemistry in the U.S. Department of Agriculture which was renamed the U.S. Food and Drug Administration (FDA) in 1930. The Meat Inspection Act was assigned to what is now known as the Food Safety and Inspection Service, which remains in the U.S. Department of Agriculture. The first federal law regulating foods and drugs, the 1906 Act's reach was limited to foods and drugs moving in interstate commerce. Although the law drew upon many precedents, provisions, and legal experiments pioneered in individual states, the federal law defined "misbranding" and "adulteration" for the first time and prescribed penalties for each. The law recognized the U.S. Pharmacopeia and the National Formulary as standards authorities for drugs, but made no similar provision for federal food standards.[1] The law was principally a "truth in labeling" law designed to raise standards in the food and drug industries and protect the reputations and pocketbooks of honest businessmen. Particular drugs deemed dangerous[edit] Under the law, drug labels, for example, had to list any of 10 ingredients that were deemed "addictive" and/or "dangerous" on the product label if they were present, and could not list them if they were not present. Alcohol, morphine, opium, and cannabis were all included on the list of these "addictive" and/or "dangerous" drugs. The law also established a federal cadre of food and drug inspectors that one Southern opponent of the legislation criticized as "a Trojan horse with a bellyful of inspectors and other employees."[2] Penalties under the law were modest, but an under-appreciated provision of the Act proved more powerful than monetary penalties. Goods found in violation of various areas of the law were subject to seizure and destruction at the expense of the manufacturer. That, combined with a legal requirement that all convictions be published as Notices of Judgment, proved to be important tools in the enforcement of the statute and had a deterrent effect upon would-be violators.[3] Deficiencies in this original statute[example needed], which had become noticeable by the 1920s, led to the replacement of the 1906 statute with the Federal Food, Drug, and Cosmetic Act which was enacted in 1938 and signed by President Franklin Roosevelt. This act, along with its numerous amendments, remains the statutory basis for federal regulation of all foods, drugs, biological products, cosmetics, medical devices, tobacco, and radiation-emitting devices by the U.S. Food and Drug Administration. History of passage[edit] It took 27 years to the 1906 statute, during which time the public was made aware of many problems with foods and drugs in the U.S. Muckraking journalists, such as Samuel Hopkins Adams, targeted the patent medicine industry with its high-alcoholic content patent medicines, soothing syrups for infants with opium derivatives, and "red clauses" in newspaper contracts providing that patent medicine ads (upon which most newspapers of the time were dependent) would be withdrawn if the paper expressed support for food and drug regulatory legislation. The Chief Chemist of the Bureau of Chemistry, Dr. Harvey Washington Wiley, captured the country's attention with his hygienic table studies, which began with a modest Congressional appropriation in 1902. The goal of the table trial was to study the human effects of common preservatives used in foods during a period of rapid changes in the food supply brought about by the need to feed cities and support an industrializing nation increasingly dependent on immigrant labor. Wiley recruited young men to eat all their meals at a common table as he added increased "doses" of preservatives including borax, benzoate, formaldehyde, sulfites, and salicylates. The table trials captured the nation's fancy and were soon dubbed "The Poison Squad" by newspapers covering the story. The men soon adopted the motto "Only the Brave dare eat the fare" and at times the publicity given to the trials became a burden. Though many results of the trial came to be in dispute, there was no doubt that formaldehyde was dangerous and it disappeared quickly as a preservative. Wiley himself felt that he had found adverse effects from large doses of each of the preservatives and the public seemed to agree with Wiley. In many cases, most particularly with ketchup and other condiments, the use of preservatives was often used to disguise insanitary production practices. Although the law itself did not proscribe the use of some of these preservatives, consumers increasingly turned away from many products with known preservatives. The 1906 statute regulated food and drugs moving in interstate commerce and forbade the manufacture, sale, or transportation of poisonous patent medicines.[4] The Act arose due to public education and exposés from public interest guardians such as Upton Sinclair and Samuel Hopkins Adams, social activist Florence Kelley, researcher Harvey W. Wiley, and President Theodore Roosevelt. Beginnings of the Food and Drug Administration[edit] The 1906 Act paved the way for the eventual creation of the Food and Drug Administration (FDA) and is generally considered to be that agency's founding date, though the agency existed before the law was passed and was not named FDA until later. "While the Food and Drug act remains a foundational law of the FDA mission, it's not the law that created the FDA. [Initially,] the Bureau of Chemistry (the precursor to the FDA) regulated food safety. In 1927, the Bureau was reorganized into the Food, Drug, and Insecticide Administration and the Bureau of Chemistry and Soils. The FDIA was renamed the FDA in 1930."[5] The law itself was largely replaced by the much more comprehensive Federal Food, Drug, and Cosmetic Act of 1938. Enforcement of labeling and future ramifications[edit] The Pure Food and Drug Act was initially concerned with ensuring products were labeled correctly. Later efforts were made to outlaw certain products that were not safe, followed by efforts to outlaw products which were safe but not effective. For example, there was an attempt to outlaw Coca-Cola in 1909 because of its excessive caffeine content; caffeine had replaced cocaine as the active ingredient in Coca-Cola in 1903.[6] In the case United States v. Forty Barrels and Twenty Kegs of Coca-Cola, the judge found that Coca-Cola had a right to use caffeine as it saw fit, although Coca-Cola eventually lost when the government appealed to the Supreme Court.[7] It reached a settlement with the United States government to reduce the caffeine amount. In addition to caffeine, the Pure Food and Drug Act required that drugs such as alcohol, cocaine, heroin, morphine, and cannabis, be accurately labeled with contents and dosage. Previously many drugs had been sold as patent medicines with secret ingredients or misleading labels. Cocaine, heroin, cannabis, and other such drugs continued to be legally available without prescription as long as they were labeled. It is estimated that sale of patent medicines containing opiates decreased by 33% after labeling was mandated.[8] The Pure Food and Drug Act of 1906 is cited by drug policy reform advocates such as James P. Gray as a successful model for re-legalization of currently prohibited drugs by requiring accurate labels, monitoring of purity and dose, and consumer education.[9] References[edit]

^ Swann, Ph.D., John P. "The 1906 Food and Drugs Act and Its Enforcement". FDA History - Part I. U.S. Food and Drug Administration. Retrieved 10 April 2013. CS1 maint: Multiple names: authors list (link) ^ Young, James H. Pure Food: Securing the Federal Food and Drugs Act of 1906. Princeton, N.J: Princeton University Press, 1989, p. 98. ^ FDA Notices of Judgment Collection, 1908-1966 ^ Ayers, Edward A. (August 1907). "What The Food Law Saves Us From: Adulterations, Substitutions, Chemical Dyes, and Other Evils". The World's Work: A History of Our Time. XIV: 9316–9322. Retrieved 2009-07-10.  ^ "Milestones in U.S. Food and Drug Law History - Significant Dates in U.S. Food and Drug Law History". www.fda.gov. Retrieved 2017-11-17.  ^ Hamblin M.D., James (January 31, 2013). "Why We Took Cocaine Out of Soda". The Atlantic's Health Editorial. The Atlantic Monthly. Retrieved April 10, 2013.  ^ "Pop psychology: The man who saved Coca-Cola", by Ludy T. Benjamin, Monitor on Psychology, February 2009, Vol 40, No. 2, p. 18 ^ Musto, David F. (1999). The American Disease: Origins of Narcotic Control (3rd ed.). Oxford University Press. ISBN 0-19-512509-6.  ^ Gray, James P. (May 2, 2001). "Why Our Drug Laws Have Failed and What We Can Do About It: A Judicial Indictment of the War on Drugs". Temple University Press. p. 288. ISBN 978-1566398602.  Missing or empty url= (help)

Sources[edit]

Barkan, I. D. (January 1985). "Industry invites regulation: the passage of the Pure Food and Drug Act of 1906". American Journal of Public Health. 75 (1): 18–26. doi:10.2105/AJPH.75.1.18. PMC 1646146 . PMID 3881052.  The State of Connecticut. Connecticut Agricultural & Experiment Station Annual Reports. New Haven.  For years preceding and following passage of the Act:

1896, First report of the station on adulterated food products; 1897; 1898; 1899; 1900; 1901; 1902; 1903; 1904; 1905; 1906; 1907: Food, Food, Drugs; 1908: Not located; 1909: Not located; 1910: Not located; 1911: Food, Drugs

Dunn, Arthur Wallace (September 1911). "Dr. Wiley And Pure Food, First Article: A Twenty-Year's Fight, The Long Struggle Against "Influence" to Enact the Law, The Harder Struggle to Enforce It, An Amazing Story of Obstruction". The World's Work: A History of Our Time. XXII: 14958–14965. Retrieved 2009-07-10.  Dunn, Arthur Wallace (November 1911). "Dr. Wiley and Pure Food, Second Article: The Chief of the Bureau of Chemistry as Washington Knows Him". The World's Work: A History of Our Time. XXIII: 29–40. Retrieved 2009-07-10.  Greeley, Arthur Philip (1907). The Food and Drugs Act, June 30, 1906: A Study with Text of the Act, Annotated, the Rules and Regulations for the Enforcement of the Act, Food Inspection, Decisions and Official Food Standards. Washington, D.C.: J. Byrne & Company.  James Harvey Young, Pure Food: Securing the Federal Food and Drugs Act of 1906 (New Jersey: Princeton University Press, 1989). Mitchell Okun, Fair Play in the Marketplace: The First Battle for Pure Food and Drugs (Dekalb: University of Illinois Press, 1986). Suzanne White Junod, Chemistry and Controversy: Food Additive Regulation, unpublished dissertation, Emory University, 1994. Andrew F. Smith, Pure Ketchup: A History of America's National Condiment (Columbia: University of South Carolina Press, 1996) Goodwin, Pure Food, Drug, and Drink Crusaders

External links[edit]

59th U.S. Congress (December 14, 1905). "S. 88, Draft bill of the Pure Food and Drug Act". Chapter 3915, cited 34 U.S. Stats. 768. U.S. Capitol Visitor Center. Retrieved April 8, 2013.  59th U.S. Congress (1906). "THE WILEY ACT". Public Law Number 59-384, 34 Stat. 768. U.S. Food and Drug Administration. Retrieved April 8, 2013. 

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Food safety

Adulterants, food contaminants

3-MCPD Aldicarb Cyanide Formaldehyde Lead poisoning Melamine Mercury in fish Sudan I

Flavorings

Monosodium glutamate (MSG) Salt Sugar

High-fructose corn syrup

Microorganisms

Botulism Campylobacter jejuni Clostridium perfringens Escherichia coli O104:H4 Escherichia coli O157:H7 Hepatitis A Hepatitis E Listeria Norovirus Rotavirus Salmonella

Parasitic infections through food

Amoebiasis Anisakiasis Cryptosporidiosis Cyclosporiasis Diphyllobothriasis Enterobiasis Fasciolopsiasis Fasciolosis Giardiasis Gnathostomiasis Paragonimiasis Toxoplasmosis Trichinosis Trichuriasis

Pesticides

Chlorpyrifos DDT Lindane Malathion Methamidophos

Preservatives

Benzoic acid Ethylenediaminetetraacetic acid (EDTA) Sodium benzoate

Sugar substitutes

Acesulfame potassium Aspartame Saccharin Sodium cyclamate Sorbitol Sucralose

Toxins, poisons, environment pollution

Aflatoxin Arsenic contamination of groundwater Benzene in soft drinks Bisphenol A Dieldrin Diethylstilbestrol Dioxin Mycotoxins Nonylphenol Shellfish poisoning

Food contamination incidents

Devon colic Swill milk scandal 1858 Bradford sweets poisoning 1900 English beer poisoning Morinaga Milk arsenic poisoning incident Minamata disease 1971 Iraq poison grain disaster Toxic oil syndrome 1993 Jack in the Box E. coli outbreak 1996 Odwalla E. coli outbreak 2006 North American E. coli outbreaks ICA meat repackaging controversy 2008 Canada listeriosis outbreak 2008 Chinese milk scandal 2008 Irish pork crisis 2008 United States salmonellosis outbreak 2011 Germany E. coli outbreak 2011 Taiwan food scandal 2011 United States listeriosis outbreak 2013 Bihar school meal poisoning 2013 horse meat scandal 2013 Taiwan food scandal 2014 Taiwan food scandal 2017 Brazil weak meat scandal 2017–18 South African listeriosis outbreak Food safety incidents in China Foodborne illness

outbreaks death toll United States

Regulation, standards, watchdogs

Acceptable daily intake E number Food labeling regulations Food libel laws International Food Safety Network ISO 22000 Quality Assurance International

Institutions

Centre for Food Safety European Food Safety Authority Institute for Food Safety and Health International Food Safety Network Ministry of Food and Drug Safety

v t e

Theodore Roosevelt

26th President of the United States, 1901–1909 25th Vice President of the United States, 1901 33rd Governor of New York, 1899–1900 Assistant Secretary of the Navy, 1897–1898 New York City Police Commissioner, 1895–1897 New York State Assemblyman, 1882 1883 1884

Presidency

First inauguration

historic site

Second inauguration "Square Deal" Booker T. Washington dinner Conservation

Newlands Reclamation Act Transfer Act of 1905 Antiquities Act Pelican Island Devils Tower National Monument Muir Woods National Monument Other National Monuments United States Forest Service, United States Reclamation Service National Wildlife Refuge System Roosevelt Arch Conference of Governors

Northern Securities Company breakup

court case

Coal strike of 1902 Pure Food and Drug Act

Food and Drug Administration

Meat Inspection Act Expediting Act Elkins Act Hepburn Act Aldrich–Vreeland Act Federal Employers Liability Act Kinkaid Act Big Stick ideology Hay–Bunau-Varilla Treaty

Panama Canal Zone Panama Canal

Venezuelan crisis

Roosevelt Corollary

Occupation of Cuba Russo-Japanese War

Treaty of Portsmouth 1906 Nobel Peace Prize Gentlemen's Agreement of 1907

College football meetings Bureau of Investigation Department of Commerce and Labor

Bureau of Corporations

Keep Commission Inland Waterways Commission Bureau of the Census Great White Fleet Perdicaris incident Cabinet White House West Wing State of the Union Address, 1901 1906 1908 White House desk Federal judiciary appointments

Other events

Spanish–American War

Rough Riders Battle of Las Guasimas Battle of San Juan Hill

"Bull Moose" Progressive Party

New Nationalism Assassination attempt

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Life and homes

Birthplace, boyhood home replica Sagamore Hill Home and Museum

Oyster Bay

Elkhorn Ranch Maltese Cross Cabin Pine Knot cabin Gravesite

Writings and speeches

Theodore Roosevelt bibliography The Naval War of 1812 (1882 book) "The Strenuous Life" (1899 speech) "Citizenship in a Republic" (1910 speech) "Progressive Cause Greater Than Any Individual" (1912 post-assassination-attempt speech) Theodore Roosevelt: An Autobiography (1913 book) The Forum magazine articles Theodore Roosevelt Cyclopedia Archival collections

Elections

New York state election, 1898 Republican National Convention, 1900 1904 1912 1916 United States presidential election, 1900 1904 1912

Legacy

Mount Rushmore Theodore Roosevelt Center and Digital Library White House Roosevelt Room Theodore Roosevelt National Park

Theodore Roosevelt Wilderness

Theodore Roosevelt Island Roosevelt National Forest Roosevelt Study Center Theodore Roosevelt Association Theodore Roosevelt Memorial Park

Monument Assemblage

Roosevelt River Theodore Roosevelt Award Roosevelt Road U.S. Postage stamps Theodore Roosevelt, Rough Rider sculpture Equestrian statue

Popular culture

Teddy bear "Speak softly, and carry a big stick" Books Films

Roosevelt in Africa 1910 documentary The Roosevelts 2014 documentary

Related

Political positions "Bully pulpit" Ananias Club

"Nature fakers"

Progressive Era A Guest of Honor Porcellian Club "Muckraker" National Collegiate Athletic Association "Roosevelt Republican"

Family

Alice Hathaway Lee (first wife) Edith Kermit Carow (second wife) Alice Lee Roosevelt (daughter) Theodore Roosevelt III (son) Kermit Roosevelt (son) Ethel Carow Roosevelt (daughter) Archibald Roosevelt (son) Quentin Roosevelt (son) Theodore Roosevelt Sr. (father) Martha Stewart Bulloch (mother) Anna Roosevelt (sister) Elliott Bulloch Roosevelt (brother) Corinne Roosevelt (sister) Cornelius Roosevelt (grandfather) James Stephens Bulloch (grandfather) James A. Roosevelt (uncle) Robert Roosevelt (uncle) James Dunwoody Bulloch (half-uncle) Irvine Bulloch (uncle) Theodore Douglas Robinson (nephew) Corinne Robinson (niece) Anna Eleanor Roosevelt (niece) Hall Roosevelt (nephew)

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