The Proposed Food and Drugs Act: a Legal Critique
THE PROPOSED FOOD AND DRUGS ACT: A LEGAL CRITIQUE MITCHELL SALEM FISHER* The proposal for a new federal Food and Drugs Act1 is but another phase of increased interest on the part of the Roosevelt Administration in the problems of the purchasing public, an interest already evinced by the National Securities Act. The task of the present article is not to venture a study in ethics nor in the factual background of food and drug legislation nor even to wage polemics on behalf of the proposed bill. The object of this study is more mundane: to view the bill in its relation to the present federal Food and Drugs Act 2 and to speculate with legal *Mitchell Salem Fisher, B.A., 1923, New York University; M.A., 1927, Columbia University; M.H.L., 1927, Jewish Institute of Religion; LL.B., 1933, Columbia University. Editor: Columbia Law Review, 1931-1933. James Kent Honorary Fellow, Columbia University School of Law, 1932-1933. Member of the New York Bar. Associated with Guggenheimer and Untermyer, Attys., of New York City. Author of Philosophy and Better Understanding in CHMSTIAN AND JEW (ed. Landman, 1928) and of articles in various philosophical periodicals. The writer wishes to acknowledge his great indebtedness to Miss Esther Oshiver, recent graduate of the University of Pennsylvania Law School, for her extensive and helpful research into the field of food and drug control by the several states and the question of civil liability for violation thereof. Only his modest disregard of his extensive and valuable critical labors on the manuscript has prevented the name of Professor Milton Handler, counsel to the National Labor Board, being added as a co-author.
[Show full text]