Food and Drug Law Commons^™

Book Review: Heroin Addiction In Britain--What Americans Can Learn From The English Experience, Gerald T. Mclaughlin

Fordham Urban Law Journal

This book takes the reader step by step through the history of British heroin maintenance--trying to separate myth from reality. The book does not fully answer whether this British clinic system of dispensing heroin to proven addicts has led to decreased levels of addiction, but does forcefully demonstrate that heroin maintenance in Britain has not led to a heroin epidemic. The reviewer concludes that the book is an excellent reportorial analysis of the British heroin system as well as the British reaction to American drug policy.

Transfer Of Venue In Adulteration Seizures Under The Flood, Drug, And Cosmetic Act, Jack R. Bierig

Loyola University Chicago Law Journal

No abstract provided.

Enforcement Under The Food, Drug, And Cosmetic Act–The Park Case In Perspective, Marsha N. Cohen

Faculty Scholarship

No abstract provided.

Development Of The Rio Grande Compact, Raymond A. Hill

Publications

Thirty-six years have elapsed since the Rio Grande Compact of 1938, N.M.S.A. Section 75-34-3 (Repl. 1968), was entered into by Colorado, New Mexico, and Texas, and approved by the United States of America. Administration of the Compact since then has been the responsibility of many different persons, few of whom had personal knowledge of the circumstances of the negotiation of this Compact. Consequently, there has been a growing tendency towards interpretation of some of the provisions of the Rio Grande Compact in a manner contrary to the intent of those who participated in its negotiation.

Mr. Hill has intimately connected …

Toward An International System Of Drug Control, Louis Lessem

University of Michigan Journal of Law Reform

By any measure the ongoing explosion in the abuse and trafficking of illicit drugs must be viewed as alarming. The past few years have seen a dramatic upsurge in the use of heroin and other opiates, the re-emergence of cocaine as a popular drug, and expansion of the use and availability of synthetic and psychotropic substances, and, perhaps of greatest international concern, the penetration of illicit narcotics into markets hitherto relatively free from drug involvement. Western Europe, Canada, and most recently the Soviet Union1 have reported the growth of drug-consuming populations. At the same time, there has been an awakened …

Recent Treaties And Statutes, Donald C. Van Pelt, Jr., George H. Carnall Ii

Vanderbilt Journal of Transnational Law

The Single Convention on Narcotic Drugs, 1961, constituted a major step toward international acceptance of responsibility for the control of licit and illicit drug traffic. The Single Convention achieved a unified codification4 of existing multilateral treaties in the field' and created the International Narcotics Control Board (INCB), center of illicit traffic...In an effort to carry out the principle of limiting the use of narcotic drugs to medical and scientific purposes, the Narcotics Convention of 1931 required noncontracting parties as well as parties to the Convention to furnish annual advance estimates of narcotics needed for these purposes. These estimates were examined …

Legal/Regulatory Developments Affecting Food–Perspective Of The Consumers Union, Marsha N. Cohen

Faculty Scholarship

No abstract provided.

The Evolution And Present Status Of New York Drug Control Legislation, Thomas M. Quinn, Gerald T. Mclaughlin

Buffalo Law Review

No abstract provided.

The Prosubstitution Trend In Modern Pharmacy Law, Sidney H. Willig

University of Michigan Journal of Law Reform

This article explores the legal problems presented to the practicing pharmacist by drug substitution. It delineates the practical and economic realities bearing on substitution and the arguments both in favor of and against limited legal substitution. After describing the current status of the law on the subject and the various resultant liabilities of the pharmacist, the article then suggests means by which substitution might be made an acceptable practice in certain circumstances.

The Delaney Anticancer Clause: A Model Environmental Protection Law, James S. Turner

Vanderbilt Law Review

In October 1969, the artificial sweetener cyclamate was banned from sale in the United States by Secretary of Health, Education, and Welfare Robert Finch. To justify his action legally Finch chose to rely'on the so-called Delaney Anticancer Clause of the Food, Drug, and Cosmetic Act of 1938. Consequently, the Delaney Clause, with its requirement that any substance producing cancer in animals be removed from the American food supply, became an immediate center of controversy. The Secretary himself criticized the Clause as an undue restriction on administrative decision making and as an unscientific limitation on scientific discretion.

Possession Of Dangerous Drugs In A Car-New York's Criminal Presumption Statute, William M. Feigenbaum

Buffalo Law Review

No abstract provided.

Regulation Of Pharmaceutical Advertising, Anthony S. Zito Jr.

Cleveland State Law Review

Federal trade commission regulation of pharmaceutical advertising is a subject of considerable current interest. The criteria for determining the acceptability of these advertisements are still evolving, and a definitive set of rules has not yet been fully articulated. Nevertheless certain trends are developing.' One of the major objectives of this paper is to predict the ultimate form of these rules.

Governmental Regulation Of The Drug Industry, J. Mark Hiebert

Cleveland State Law Review

In today's world of increased government participation in business, certain industries are frequently spotlighted for particular attention. The communications industry is one, the drug industry is another. In both cases the special attention is fitting, for the communications industry, like the drug industry, each in its own way, reaches the very fiber of American life. Each has the inherent capability of changing our political and social order. At any rate two points are basic: first, the drug industry directly affects the foundations of our society and therefore is a reasonable concern of government. Secondly, the drug industry has a legitimate …

Legal Aspects Of Drug Abuse, C. William O'Neill

Cleveland State Law Review

In discussing the existing drug laws in this country, it is useful to break them down into two categories: First, the Federal and state laws directed at marijuana and narcotics and, second, the Federal and state laws governing hallucinogenic drugs, such as LSD. Laws regulating and prohibiting the use of and traffic in the various drugs arose in response to public concern over their abuse. Federal regulation began with the Harrison Narcotic Drug Act of 1914, which was aimed at opium and other "hard" narcotics. In 1937 Congress enacted the Marijuana Tax Act, modeling it largely after the Harrison Act, …

The Doctor, The Patient, And The Fda, Herbert L. Ley Jr.

Cleveland State Law Review

There have been considerable charges and counter-charges the United States Food and Drug Administration's role in protecting the consumer, at least as far as the medical profession is concerned. The FDA has absolutely no intention nor desire to assume the role of the physician or to interfere with the bona fide practice of medicine. Why the complaints by some the FDA's actions on drugs, including drug labelling, drug recall and the withdrawal of certain drugs from the market, constitute attempts to interfere with the practice of medicine? It is possible that one of the reasons, and perhaps the principal one, …

A Dichotomy In Consumer Protection - The Drug Device Definition Dilemma, Ronald L. Styn

Indiana Law Journal

No abstract provided.

Legislation--The Fair Packaging And Labeling Act: Its Legislative History, Content, And Future, Wesley E. Forte

Vanderbilt Law Review

The Fair Packaging and Labeling Act (FPLA), which became effective on July 1, 1967, was designed to protect consumers by requiring informative labeling and nondeceptive packaging for consumer commodities. The statute has been described as "an information bill. The first part is information largely about the label .... The second part of the bill is really, in a way, to try to eliminate the confusion in words so we have a common terminology, so we all speak the same language.... It is like establishing an alphabet ... in size designations." The author seeks to provide an insight into the new …

Pure Food And Drug Law, William W. Goodrich

Journal of Legal Education

No abstract provided.

The Legalization Of Marihuana: A Realistic Approach, Part I, Law Review Staff

Vanderbilt Law Review

All present indications point to an increase in marihuana use throughout the United States. Twenty-five years ago, the drug was found almost exclusively among the working class and minority groups, but the present trend has been toward increased use among people in the middle and upper income and social strata of society. As a result of this trend, the "marihuana problem" is gaining wide-spread prominence. More and more individuals, especially youth,are being subjected to the severe penalties associated with possession and use of marihuana. Not only are people becoming more aware of the legal punishments, but existing facts as to …

The Department Of Consumers, W. E. Forte

Vanderbilt Law Review

In 1872, Congress began protecting the American consumer by enacting legislation to prevent mail fraud. From this modest beginning, the consumer protection activities of the federal government have proliferated until today there are at least 33 government agencies engaged in 296 consumer protection activities. In 1961, the estimated annual expenditures by the federal government for direct consumer protection activities totaled 272 million dollars and the number of full-time federal employees engaged in such activities was almost 22,000. Expenditures for consumer advancement, a broader concept, were estimated at 681 million dollars in 1961 and the number of full time federal employees …

Regulation Of Prescription Drug Discount Advertising

Washington and Lee Law Review

No abstract provided.

What Hath Goddard Wrought?, Barbara Krouch

Student Scholarship

This research project, titled What Hath Goddard Wrought, examines the significant administrative and structural changes within the Food and Drug Administration (FDA) following the appointment of Dr. James L. Goddard as Commissioner in January 1966. The author contrasts Goddard's aggressive, science-oriented leadership style with the more informal, industry-friendly tenure of his predecessor, George P. Larrick. Under Goddard, the agency shifted its primary focus from traditional policing and food regulation toward sophisticated drug regulation and scientific research. 

A major portion of the study details the reorganization of the compliance bureaus and the decentralization of authority to eighteen district offices. This move …

Investigational Drugs And The Law, George F. Archambault

Cleveland State Law Review

Moving directly to the subject "Investigational Drugs and the Law" and being concerned primarily with preventative law, a topic not unlike preventative medicine, what is it that must be known as a lawyer in this specialty field in order to aid physicians and pharmacists involved in clinical research, in clinical pharmacology research, in hospital administration, and in nursing and pharmacy practices to keep them from legal pitfalls? It is necessary to tackle the subject in a two-pronged manner: (1) the federal and state statutes, and (2) case law.

Products Liability Based Upon Violation Of Statutory Standards, Joseph H. Ballway Jr.

Michigan Law Review

Regulatory enactments controlling production and distribution can give rise in several different ways to civil liability on behalf of persons injured by non-conforming merchandise. For instance, if a statute codifies existing common-law rules of negligence, its effect is merely to place the weight of legislative authority behind ordinary negligence principles. Since an injured party's recovery under such a provision still depends largely upon his proving in the traditional manner that a defendant failed to exercise due care, this kind of statute merits no further discussion. On the other hand, if particular legislation expressly states that a violator may be subjected …

The Food And Drug Administration And The Economic Adulteration Of Foods, Wesley E. Forte

Indiana Law Journal

No abstract provided.

Administering That Ounce Of Prevention: New Drugs And Nuclear Reactors--Part Ii, David F. Cavers

West Virginia Law Review

No abstract provided.

Administering That Ounce Of Prevention: New Drugs And Nuclear Reactors--I, David F. Cavers

West Virginia Law Review

No abstract provided.

Retail Druggist's Warranty Of Drugs, Thomas M. Schmitz

Cleveland State Law Review

Jurisdictions retaining a contractual warranty theory hold that a retail druggist warrants the wholesomeness, fitness, and merchantability of his products. This warranty applies to all drugs whether they are prescription drugs, proprietary drugs ,brand name drugs, or drugs sold in the original sealed containers. Liability for the sale of a prescription drug may be exempted if the patient relies on the physician's judgment, and liability for the sale of a brand name drug may be relieved if there is reliance on the manufacturer's reputation. Jurisdictions construing product warranty as a strict liability in tort will invariably hold a retail druggist …

Due Care By Physicians In Use Of New Drugs, Edward T. Haggins

Cleveland State Law Review

How careful must a physician be in using new drugs on his patients? Before discussing these questions, we must look at three problems: (1) What role does the physician play in the new drug picture? (2) What are some of the new drugs and their side effects, and (3) What steps must a new drug go through before it is placed on the market for public consumption?

Recent Developments In Food Products Liability, F. Reed Dickerson

Articles by Maurer Faculty

No abstract provided.