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May 28, 1938

DISCLOSURE OF DRUG FORMULAS UNDER FEDERAL TRADE COMMISSION ACT

JAMA. 1938;110(22):1840. doi:10.1001/jama.1938.02790220042016
Abstract

The Federal Trade Commission Act, as amended by the Wheeler-Lea Act of March 21, 1938,1 forbids the dissemination of false advertisements to induce the sale of foods, drugs, diagnostic and therapeutic devices and cosmetics in interstate and foreign commerce and in commerce in the District of Columbia or in any territory. It provides, however, that—

No advertisement of a drug shall be deemed to be false if it is disseminated only to members of the medical profession, contains no false representation of a material fact, and includes, or is accompanied in each instance by truthful disclosure of, the formula showing quantitatively each ingredient of such drug.2

The only discoverable purpose of this provision of the act is to establish one rule of interpretation for the determination of the truth or falsity of advertisements of drugs when the advertisements are disseminated only to members of the medical profession and another

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