1/24/2018 Need for a New Food and Drug Law Need for a New Food and Drug Law 1917 report by the USDA Bureau of 1924 US v.95 Barrels of Vinegar(cont'd) Chemistry identified the following Adulteration case did not stand up in court weaknesses of the law Court did bring a verdict of mislabeling 1.lack of legal standards for food Argument was that if a product is not the 2.lack of authority to inspect food and same as what it claims to be,then it is drug warehouses misbranded 3.inability to restrict the interstate shipment of a food that naturally US showed that vinegar made from dried contains poison apples was not identical to that made from fresh apples due to manufacturing process 4.lack of jurisdiction over false or misleading claims made on food Need for a New Food and Drug Law Need for a New Food and Drug Law Failure to address pesticide residues in foods was another weakness of the 1906 1920s,apple export case(cont'd) law -Growers protested 1920s,apple export case 17-year battle by the USDA to enforce -UK threatened to stop importing US apples because they contained lead lower lead arsenic tolerances arsenic,a pesticide that caused illness Could not do so as the 1906 law did not -Growers responded by washing the apples grant them that authority for export to remove the residue but not Only path was to scientifically prove the those for sale in the US toxicity as burden of proof was on the Bureau of Chemistry established a lead government arsenic lower tolerance level 1/24/2018 14 Need for a New Food and Drug Law 1924 US v. 95 Barrels of Vinegar (cont’d) • Adulteration case did not stand up in court • Court did bring a verdict of mislabeling • Argument was that if a product is not the same as what it claims to be, then it is misbranded • US showed that vinegar made from dried apples was not identical to that made from fresh apples due to manufacturing process Need for a New Food and Drug Law • 1917 report by the USDA Bureau of Chemistry identified the following weaknesses of the law 1. lack of legal standards for food 2. lack of authority to inspect food and drug warehouses 3. inability to restrict the interstate shipment of a food that naturally contains poison 4. lack of jurisdiction over false or misleading claims made on food Need for a New Food and Drug Law • Failure to address pesticide residues in foods was another weakness of the 1906 law • 1920s, apple export case - UK threatened to stop importing US apples because they contained lead arsenic, a pesticide that caused illness - Growers responded by washing the apples for export to remove the residue but not those for sale in the US - Bureau of Chemistry established a lead arsenic lower tolerance level Need for a New Food and Drug Law • 1920s, apple export case (cont’d) - Growers protested - 17-year battle by the USDA to enforce lower lead arsenic tolerances - Could not do so as the 1906 law did not grant them that authority - Only path was to scientifically prove the toxicity as burden of proof was on the government