Birth control laws : $b shall we keep them, change them, or abolish themDennett, Mary Ware
History
Birth control laws : $b shall we keep them, change them, or abolish them
Dennett, Mary Ware
Birth control; Birth control -- Law and legislation -- United States
The Committee appointed by the Conference worked at once, and
formulated a report based on a thorough investigation of the powers
of the Food and Drug Act. The finding coincides with a previous legal
opinion, written last year by Clarence Lewis, of New York, a lawyer
who was formerly on the V. P. L. Executive Committee. The opinion is
that there is ample power now in the Food and Drug Act to suppress
all fraudulent contraceptives which contain drugs or chemicals.
_The pertinent parts of this Act are given in Appendix No. 14._
* * * * *
The Committee points out that while the Food and Drug Act can take
care of fraud in drugs and compounds, neither it, nor any other
legislation, can efficaciously apply to contraceptives as regards
their harmlessness or harmfulness. For that depends upon the case.
Some drugs are harmful if used in some ways, but not so in others. So
also contraceptives which are not drugs or chemicals or compounds,
but are articles. Their usefulness or harmfulness depends largely
upon the conditions of their use. For discrimination as to methods
in these particulars, the public would be dependent upon getting
instructions from good scientific sources, just as they are in regard
to any other matters of hygiene.
It is not the business of the law to prescribe either methods in
hygiene or to prescribe the sources from which the public shall
receive instruction in hygiene. But it can and does protect the
public from flagrant profiteering and fraud, in drugs and the like,
by means of the Food and Drug Act.
* * * * *
Only one physician urged the old plea for “doctors only” legislation.
The Conference was heartily with her in wanting people to have only
the best instruction and to have it from competent doctors, but no
restrictive legislation will achieve that goal. Proposals of this
sort thus far have been open to the objection of being either class
privilege, unenforceable, and inadequate even as a means of making
knowledge available for the doctors themselves. She conceded that she
could not herself devise any “doctors only” plan that would not be
special privilege legislation. The next day she telephoned that she
was convinced that education would have to be the main dependence.
This doctor mentioned having consulted an English medical journal
containing elaborate data on contraceptives, in the library of one
of the New York Medical Societies. “But it was illegally put there,”
said the conference members almost in unison. The law forbids all
importation. “Medical boot-legging,” added the chairman.
Letters were read from distant physicians, some of whose opinions have
already been quoted on page 223.
Public-domain text, read in full here on John Shaqi.
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