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Federal Pharmaceutical Regulation and the Foundations of the War on Drugs

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Federal Pharmaceutical Regulation and the Foundations of the War on Drugs NORTHWESTERN UNIVERSITY Protecting Some and Policing Others: Federal Pharmaceutical Regulation and the Foundations of the War on Drugs A DISSERTATION SUBMITTED TO THE GRADUATE SCHOOL IN PARTIAL FULFILLMENT OF THE REQUIREMENTS for the degree DOCTOR OF PHILOSOPHY Field of History By Matthew R. June EVANSTON, ILLINOIS June 2018 2 © Copyright by Matthew R. June 2018 All Rights Reserved 3 ABSTRACT This dissertation demonstrates how related initiatives to reform narcotics laws and protect consumers from dangerous medicines – taking hold in the 1950s and institutionalized in the mid- 1960s – created the foundation for a massive expansion of federal policing of illicit drugs. Centered on the history of the Food and Drug Administration and congressional use of its power to regulate commerce, the dissertation argues federal programs designed to protect consumers of legitimate pharmaceuticals ultimately constructed the authority to classify and police unapproved uses and users of all drugs. Grounding a history of policy, policing, and regulation in the shifting social and cultural climate of the long 1960s, this dissertation recovers the legal underpinnings of the contemporary carceral state. Many still argue that President Richard Nixon launched the war on drugs in 1971 as a part of his “law and order” backlash politics. This work tells a different story in which the modern drug war emerged from mid-century consumer protection politics and the legal reforms they inspired. Charting the institutional and constitutional basis for the federal war on drugs also highlights how, in the past half century, the federal government has taken power intended to regulate corporations and reapplied it towards the policing of people. The consumer protection origins of the war on drugs illustrate and illuminate this process, revealing how and why U.S. laws now police some Americans with power originally intended to protect others. This history of the transfer of power from regulation to policing in turn promises new ways for analyzing how the contemporary war on drugs expanded in lockstep with the unchecked explosion in the misuse of prescription painkillers. 4 ACKNOWLEDGEMENTS Writing a dissertation can sometimes seem like a lonely endeavor, but the completion of a PhD only happens through the untold contributions of friends, teachers, mentors, and loved ones. Throughout my graduate career I have had the good fortune of meeting many such people who deserve my thanks. I am equally grateful for all those lifelong friends who stayed close through moves for school, long silences for research, and the secondhand stresses of writing. Freddie, Scott, Woods, Luke, Snyder, Swain, Chaz, Sarah, Lauren, Mr. and Mrs. Potts, and so many more – if I ever get in trouble, I trust you will be there to remind me to just stand up. I have also been graced with many great teachers in my life. I recall fondly the numerous men and women in Camp Hill schools - kind and caring educators, who never wavered in their belief in me. Among my various mentors, whose impact has only increased as I have followed my own path in teaching, Terry Bechtold remains one of the finest. At the University of Pennsylvania, I first confronted – by hook or by crook – most of the questions about modern American politics that have since driven my research and interests in US History. Among the many fine professors that I encountered at Penn, including Rogers Smith, Kathryn Dunn Tenpas, and Tom Callaghy, I especially owe Sheldon Hackney for his impatient insistence that I read a history book; in particular, Eric Foner’s The Story of American Freedom – first nudging me down the path to this PhD. The remainder of these acknowledgments would be much different (if they existed at all) without Professor Andrew Wiese at San Diego State University, who took a chance and helped me secure a spot in SDSU’s history graduate program. As an advisor, teacher, and colleague, Andy has always been a model for the right way to be an historian and mentor. I am appreciative for all the professors at SDSU, including Ed Blum, Elizabeth Cobbs, Lawrence Baron, Ronnee 5 Schreiber, and many others, who graciously shared their knowledge, experience, and time. At SDSU I also first discovered the joys of being a part of an academic cohort. From arguments about American Empire to deep discussions in the TA offices to long rants during poker, it was a pleasure getting to know my fellow graduates – Elle, Chris, George, Jason, Joanna, Andrew, and many others. I also remember Ryan Wingerd, a courageous and caring student and teacher, who passed too soon. Finally, San Diego would have not have been the same without Rose, Steve, Will, and Elle Simon who became a second family to Sasha and me. A wise man told me, when I was choosing my next destination, to go to Chicago, get my PhD at Northwestern University, and “make the best of a great situation.” His assessment of the situation proved to be an understatement. In addition to the stellar resources, faculty, and undergraduates that came with attending Northwestern, I was lucky enough to meet another outstanding cohort of fellow graduates. To Kyle Burke, Mariah Hepworth, Samuel Kling, Lillian Hoodes, Beth Healy, Emma Goldsmith, Emilie Takayama, and everyone else, I will never forget our years together and the frothy mix of work and fun we had along the way. Our cohort was part of a larger graduate community that lived up to the hype of being close-knit and collegial, and it was a pleasure getting to know so many impressive scholars, including Andy Baer, Leigh Soares, Bonnie Ernst, Don Johnson, Matt Kahn, Aram Sarkisian, Amanda Kleintop, Rebecca Marchiel, Peter Thilly, Keith Rathbone, Lucy Reeder, Kevin Baker, Jessica Biddlestone, Wen-Qing Ngoei, Ian Saxine, Charlie Keenan, Zach Jacobson, and too many more to possibly list in this space. My immense gratitude and thanks to the faculty at Northwestern needs to begin with my advisor and committee chair, Michael Allen, who saw my potential to succeed in this program and helped guide me through every step of the process. An unofficial advisor, committee member, and caring mentor, Mike Sherry has been a steadying force throughout my graduate 6 career, and I am deeply appreciative for his time, advice, knowledge, and willingness to listen to problems big and small. From my first quarter at Northwestern when her “Black Historiography” course essentially retaught me American History through her insightful comments at my dissertation defense, Martha Biondi has been a thoughtful teacher and model for politically engaged scholarship. I am honored to have Martha and Ken Alder, a true renaissance man of historical scholarship, on my dissertation committee. I am equally grateful to have gotten to know and work with so many incredible scholars and teachers, including Geraldo Cadava, Nitasha Sharma, Kate Masur, Susan Pearson, Rajeev Kinra, Henry Binford, Scott Sowerby, Daniel Immerwahr, Kevin Boyle, Deborah Cohen, Ed Muir, Tim Breen, Laura Hein, Joanna Grisinger, Laura Beth Nielsen, Sarah Maza, and numerous other faculty members from the History Department and across Northwestern. For giving me a second home to pursue my first love, I am also grateful to Nancy Ruggeri and the Searle Center for Advancing Learning and Teaching. Finally, I have to recognize the amazing administrative staff who truly keep the university running. In particular, it has been a pleasure working with folks like Mary Dworak, Annerys Cano, Paula Blaskovits, Tricia Liu, Susan Delrahim, Elzbieta Foeller-Pituch, and so many more – you have my eternal thanks for all of your help and kindness over the years! All across the country, I have been assisted by incredible researchers, librarians, and archivists. This project would have never taken flight without the treasure trove of sources provided by the fantastic history office at the Food and Drug Administration. Throughout this process, people have been amazed to learn that such an office still exists in our modern day federal government, and it is always a pleasure to point them towards its amazing resources and people dedicated to preserving this important history. A special thanks to Dr. John Swann who graciously shared his files and insights with me, first opening a window into the bureaucratic 7 history of the FDA and BDAC. John is a great researcher, has done a fantastic job organizing and maintaining important files, and is always willing to help scholars explore those resources. Over multiple visits, John and his assistant, Cindy Lachin, went above and beyond to be helpful and hospitable. I am also grateful to the many archivists at the National Archives and Records Administration II in College Park, MD; the Franklin D. Roosevelt Presidential Library in Hyde Park, NY; the John F. Kennedy Presidential Library in Boston, MA; the Richard M. Nixon Presidential Library in Yorba Linda, CA; and the Library of Congress in Washington, DC. Closer to home, Northwestern Library’s Harriet Lightman has been an incredible resource for a generation of history graduates and, along with all of the other NU archivists and library staff, deserves our thanks and recognition. Finally, a special thanks to the Lyndon Baines Johnson Library and Museum in Austin, TX, which generously supported this project through their Moody Research Grant. In addition to the financial support, I must thank all of the LBJ Library administrators and archivists, in particular Brian McNerney, for their assistance with this research, and for their dedication to maintaining a collaborative and open research environment that makes the LBJ Library, in my humble opinion, one of the finest archives in the country. I love working in archives, feeling the paper, unearthing a forgotten document, and making sense of the haystack. But the passion for this work would have been forever fleeting if not for the students I have had the pleasure to learn from and teach at San Diego State, Northwestern, and, most recently, the Latin School of Chicago.
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