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Birth control laws

Chapter 32: APPENDIX NO. 14 Sections of the Food and Drug Act Which Are Pertinent to Materials Used for the Prevention of Conception
By Mary Ware Dennett
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About This Book

The author surveys American statutes that criminalize dissemination of information about controlling conception, traces their historical origin, and documents how enforcement has been sporadic and impractical. She examines the legal conflation of contraceptive instruction with obscenity and with abortion, considers federal and state reform proposals from repeal to limited modification, and reviews efforts to change laws through legislation and clinics. The book evaluates criteria for sensible public policy, outlines practical consequences for families and medical practice, and supplies appendices of sources and authorities to enable informed public judgment.

APPENDIX NO. 14
Sections of the Food and Drug Act Which Are Pertinent to Materials Used for the Prevention of Conception

Manufacture:

Sec. 8717: It shall be unlawful for any person to manufacture within any territory or the District of Columbia any article of food or drug which is adulterated or misbranded, within the meaning of this Act.

Importation:

Sec. 8718: The introduction into any State or Territory or the District of Columbia from any other State or Territory or the District of Columbia, or from any foreign country of any article of food or drugs which is adulterated or misbranded, within the meaning of this Act, is hereby prohibited.

Definition of Drug Includes Compounds:

Sec. 8722: The term “drug,” as used in this Act, shall include all medicines and preparations recognized in the United States Pharmacopoeia or National Formulary for internal or external use, and any substance or mixture of substances intended to be used for the cure, mitigation, or prevention of disease of either man or other animals.

Adulteration:

Sec. 8723: For the purposes of this Act an article shall be deemed to be adulterated:

In case of drugs:

First: If, when a drug is sold under or by a name recognized in the United States Pharmacopoeia or National Formulary, it differs from the standard of strength, quality, or purity as determined by the test laid down in the United States Pharmacopoeia or National Formulary official at the time of investigation.

Second: If its strength or purity fall below the professed standard of quality under which it is sold.

Misbranding:

Sec. 8724: The term “misbranded,” as used herein, shall apply to all drugs, or articles of food, or articles which enter into the composition of food, the package or label of which shall bear any statement, design, or device regarding such article, or the ingredients or substances contained therein which shall be false or misleading in any particular, and to any food or drug product which is falsely branded as to be the State, Territory, or country in which it is manufactured or produced.

That for the purposes of this Act an article shall also be deemed to be misbranded.

In case of drugs:

First: If it be an imitation of or offered for sale under the name of another article.

Second: (Not pertinent.)

Third: If its package or label shall bear or contain any statement, design, or device regarding the curative or therapeutic effect of such article or any of the ingredients or substances contained therein, which is false and fraudulent.

Fourth: If the package containing it or its label shall bear any statement, design, or device regarding the ingredients or the substances contained therein, which statement, design, or device shall be false or misleading in any particular.