FDA History Intro
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HISTORY OF A CRIME AGAINST
THE FOOD LAW
by Harvey W. Wiley, M.D., the very
first commissioner of the Food and Drug Administration (FDA), then known
as the “US Bureau of Chemistry.”
INTRODUCTION
I suppose after the manner
of those who steal the titles of other authors an
apology should be made to Victor Hugo.
The crime that he described was one
purely political. It told the story of
Louis Napoleon, who, having been elected
President of the French Republic in 1848,
following the model of his illustrious
uncle, became Emperor of the French nation
in 1852. Victor Hugo was one of the
leaders against this movement and naturally
became a persona non grata at Paris.
With hundreds of others who had opposed
this coup d'état he sought safety in
Brussels. He arrived there on the 14th
day of December, 1852, and began his
"History of a Crime" on that very day.
It was completed by May 5, 1853. He did
not publish it for twenty-five years afterward.
It has been only twenty-one
years since the crime about to be described was
committed. Perhaps it would be the part
of wisdom if its history, still
unpublished, be withheld for another six
years. The everthreatening thought of
Anno Domini warns that it is not likely
that I may still be on this planet after
the lapse of six years. This fact should
absolve me from any blame for a
somewhat premature publication. The theft
of his title is not likely to disturb
the ashes of Victor Hugo in the Pantheon,
to which they were committed by five
hundred thousand of his fellow citizens
in the summer of 1885, three months
after his eighty-third birthday.
Presumably a similar lese
majesté might be charged against the author of this
story. Probably the truths which are told
in the following pages, and a
Government less violently set up than
that of Napoleon III, will be a safeguard
against expatriation. It is advisable
and even desirable, while the memories of
this crime are still fresh, to set down
in simple language a recital thereof.
There are many embarrassments in connection
with writing a story of this kind
which usually would deter or prevent the
completion of the work. Many of the
authors and participators in this crime
have already joined the great majority
and entered upon the Great Adventure.
I am not unmindful of the excellent adage,
nil de mortuis nisi bonum. I will not
impute any base motives to those who are
no longer here to defend themselves. It
is far better to take the safe course.
That is to assume that the crimes committed
against the Food and Drugs Act were
due to errors of judgment and not to any
set purpose to destroy the salutary
provisions of this law. While in the recital
of these crimes, in spite of a
purpose to the contrary, there may be
found at times language which would
indicate that the actors were not simply
ignorant, it must be attributed to. the
zeal for proper enforcement of the food
law which leads to a recital of these
facts, rather than to a purpose of. misjudging
the motives of the actors
themselves.
Twenty years have passed
since these offenses against the law began. There
are two reasons why I have waited so long
before setting down in order this
history. The principal one is that my
time was all consumed with my efforts
toward improving the nutrition, and consequently
the health of the nation. The
need of better nutrition is shown in an
address opposing the repeal of the mixed
flour law quoted further on. This was
an indictment of the severest kind of the
methods of up-bringing our youth. The
deplorable condition of our young men was
vividly shown in the Great War. Fully
one-third of those called to the colors
were found to be physically and mentally
unfit to serve their country in its
hour of need. Another third could only
attend to camp and hospital tasks. Only
one-third could go into. the trenches
and serve their country on the field of
battle.
It was a matter of supreme
importance to endeavor in all honorable ways to
remove the possibility of a similar stigma
which might arise from any future
crises of the republic. To instruct young
persons to be parents, to teach them
how to bring up their children after they
are born, and to eliminate such a
percentage of unfit are problems which
require careful study. Having now reached
the age of eighty-four, I am forcibly
reminded that if this history of a crime
is ever to be written it must be done
now, without undue delay.
The second reason which has
made, me hesitate is because of my high personal
regard for those who are not shown as
wholly devoted to the public service in
the lapses of their conduct respecting
the food and drugs legislation. It is
always painful to say anything which could
even be construed as derogatory to
those who have been one's friends.
STATEMENT OF THE CASE
It is the practice in criminal
proceedings before the courts for the opposing
counsel to lay before the court and the
jury an outline of the points he expects
to prove and the nature of the evidence
which it is proposed to offer. It is
advisable to set down briefly the important
points in this history. First of all
will be a recital of the efforts made
over a period of twenty-five years to
secure a national food. and drugs act.
Attention is called to the indifference
of the people at large in regard to the
character of the foods and drugs which
they used, and the efforts that were made
to overcome this attitude. It was soon
found that individual activities were
practically useless in securing national
legislation. Only mass action could produce
any progressive results. The
organized bodies of men and women who
gradually became interested in this
legislation will be pointed out. At the
same time the character of the lobbies
formed efficiently to block national legislation
will be described. Particular
attention will be called to the dominant
features which always characterized
this proposed legislation. There was very
little discussion of the question of
misbranding. The chief points discussed
were the results of adding to our food
products preservative substances to keep
them from decay, and coloring matters
which made them look more attractive and
fresh. Brief citations from the
evidence before the various committees
in the House and the Senate will
illustrate the magnitude of the struggle
which finally resulted in the approval
of the Food and Drugs Act on June 30,
1906.
PROLOGUE
"Remember how long thou hast
already put off these things, and how often a
certaine day and houre as it were, having
been set unto thee by the gods, thou
hast neglected it. It is high time for
thee to understand the true nature both
of the world, whereof thou art a part;
and of that Lord and Governour of the
World, from whom, as a channell from the
spring, thou thy selfe didst flow: And
that there is but a certaine limit, of
time appointed unto thee, which if thou
shalt not make use of to calme and alay
the many distempers of thy soule, it
will passe away and thou with it, and
never after returne."
--From The Golden Book of Marcus
Aurelius, published by J. M. Dent & Co.,
Aldine House, London, W. C., Page
16.
"Bare tabulation will not
do; simple enumeration is plainly insufficient.
There must be a hint of perspective. The
historian must select, and in the
awkward process of selection he becomes
an artist. One seems to see the
historian at this uncomfortable stage
desert the laboratory and furtively
approach the studio. And why not? There
is no need for him to blush when we
detect him in the questionable company
of artists. For history is an art as
well,--the art of representing past events
through facts of scientific accuracy.
If the facts are inaccurate, it is not
history. But if they are not embodied in
a picture of a living past, it is not
history either. For a smear on a palet is
not a picture. So the historian, when
his work among the test-tubes of research
is done, must turn artist, abandoning
his overalls for the velvet jacket. If he
can not, so much the less historian he.
"It is so easy for the historian
to forget his duty in the multiplicity of
his business. To put it crudely, he is
asked to raise the dead, to bring the
past to life, to give a continuous performance
of the miracle of Endor. He must
achieve this feat with a restricted armory.
For he is not allowed the novelist's
liberty of invention. His incantations
are strictly limited to the ascertained
facts, and with their aid alone he is
expected to evoke the past. We ask of the
historian a great tapestry, crowded with
figures, filled with shifting lights
and crowds and landscapes; and we insist
sternly (though with perfect propriety)
that he shall use no single thread for
his weaving that can not be vouched for
as to its color, length, and weight by
reference to his unvarying authorities,
the scientific facts. "
--From "The Missing Muse," by Philip
Guedalla, in The Forum for November,
1927, Page 666.
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