United States v. Johnson (1911)

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United States v. Johnson
Seal of the United States Supreme Court.svg
Full case name United States v. Johnson (1911)
Citations 221 U.S. 488 (more)
Court membership
Laws applied
Pure Food and Drug Act

In United States v. Johnson 221 U.S. 488 (1911), the United States Supreme Court ruled that the misbranding provisions of the Pure Food and Drugs Act[1] of 1906 did not pertain to false curative or therapeutic statements; rather, it only prohibited false statements as to the identity of the drug. In 1912, Congress responded with the Sherley Amendments, which addressed the perceived lack of enforcement of fraud related to therapeutic claims;:[2] The Act was amended to prohibit false and fraudulent claims of health benefits, but enforcement under the amendment required proof of fraudulent intent, a difficult standard.

References[edit]

  1. ^ Pure Food and Drug Act, ch. 3915, 34 Stat. 768 (1906) (current version as amended at 21 U.S.C.S. §§ 301-392 (1985)). The regulation has been amended in part by Pub. L. 101-629, 104 Stat. 4511 (1990).
  2. ^ 37 Stat. 416 (1912)