Pure Food and Drug Act

The Pure Food and Drug Act of 1906, also known as Dr. Wiley's Law, 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.

Pure Food and Drug Act
Acronyms (colloquial)PFDA
Enacted bythe 59th United States Congress
EffectiveJanuary 1, 1907
Citations
Public law59-384
Statutes at Large34 Stat. 768, Chapter 3915
Codification
Acts repealed
  • Pure Food and Drug Act (1906)
  • 37 U.S. Stat. 416 (1912) (Sherley Amendment)
  • 37 U.S. Stat. 732 (1913) (Gould Amendment)
  • 41 U.S. Stat. 271 (1919) (Kenyon Amendment)
  • 42 U.S. Stat. 1500 (1923)
  • 44 U.S. Stat. 976-1003 (1927)
  • 46 U.S. Stat. 1019 (1930) (McNary-Mapes Amendment)
  • 48 U.S. Stat. 1204 (1934) (21 U.S.C. §§ 1-15)
Titles amended21 U.S.C.: Food and Drugs
Legislative history
  • Introduced in the Senate as S. 88 by Weldon Heyburn (RID) on December 14, 1905
  • Passed the Senate on February 30, 1906 (63-4)
  • Passed the House on June 20, 1906 (143-72)
  • Reported by the joint conference committee on June 23, 1906; agreed to by the House on June 23, 1906 (Did not agree) and by the Senate on June 23, 1906 (241-17)
  • Signed into law by President Theodore Roosevelt on June 30, 1906
Major amendments
Food, Drug, and Cosmetic Act (1938)
Food Quality Protection Act (1996)
United States Supreme Court cases
United States v. Johnson (1911)

In the late 1800s, the quality of food in the United States decreased significantly as populations moved to cities and the time from farm to market increased. Many food producers turned to using dangerous preservatives, even formaldehyde, to keep food fresh. Simultaneously, the quality of medicine was abysmal. Quack medicine was common, and many drugs were addictive or dangerous without actually providing a curative effect. Opium and alcohol were chief ingredients, even in infant medicines. The work of muckraking journalists exposed the horrific practices of both industries and caused public outcry.

Foremost among such exposés was The Jungle by Upton Sinclair, published the same year as the act. With its graphic and revolting descriptions of unsanitary conditions and unscrupulous practices rampant in the meatpacking industry, it was an inspirational piece that kept the public's attention on the important issue of unhygienic meat processing plants. Sinclair quipped, "I aimed at the public's heart and by accident I hit it in the stomach," as outraged readers demanded and got the Pure Food and Drug Act, as well as the 1906 Federal Meat Inspection Act.

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