The Control of False Advertising under the Wheeler-Lea Act

Abstract

The new Federal Food, Drug and Cosmetic Act,1 like the Act of i9o6,2 does not penalize and, indeed, has no application to the false and misleading advertising of food, drugs and cosmetics. Control over such advertising is continued in the Federal Trade Commission whose powers,3 however, have been augmented by the WheelerLea Amendments4 enacted in March, I938. Regulation of advertising is not a new function for the Commission. Since its establishment, the Commission has endeavored to suppress improper advertising in all trades and industries engaged in interstate commerce. The recent amendments are designed to supplement and strengthen its control over the advertising of food, drugs, devices and cosmetics5 and, although not included in the Food, Drug and Cosmetic Act, must be regarded as an integral part of food and drug legislation. The Commission's jurisdiction over false advertising in other industries is predicated upon its general authority over unfair methods of competition6 and unfair or deceptive acts or practices,7 and not, as in the case of food, drug and cosmetic advertising, on any specific enactment.