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Federal Food Drug and Cosmetics Act

16. What is the Federal Food, Drug, and Cosmetic Act?

The Federal Food Drug and Cosmetic Act (FFDCA) was passed for the purpose of ensuring the safety of food, drugs (some medical devices), and cosmetics. The act gave authority to the Food and Drug Administration (FDA) to administer the provisions of the Act. It is a broad Act including provisions for electronic radiation control, provisions for effective testing and marketing of drugs, and bioterrorism preparation. The FFDCA contains both civil and criminal penalties for violation of its provisions. Repeated, intentional, and fraudulent violations of the Act are generally subject to criminal action.

•    Discussion: Why do you think Congress made special provision for protection of consumers of food, drug, medical, and cosmetic items? Do you think there are other items that should be covered in this category? If so, which ones?

•    Practice Question: Juliet has a Halloween store. She has decided to launch her own line of Halloween makeup. She will produce the makeup locally and sell it through her store. What consumer protection laws specifically control producing and selling this type of product?

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