What role did the Wheeler-Lea Act of 1938 play in controlling misleading advertising?
The Wheeler-Lea Act of 1938 was a pivotal piece of legislation in the United States designed to strengthen consumer protection against deceptive business practices, including the fraudulent claims often associated with medical quackery.
By amending the Federal Trade Commission Act, the Wheeler-Lea Act significantly expanded the authority of the Federal Trade Commission (FTC). Specifically, it provided the government with essential legal tools to regulate false and misleading advertising across various media, including newspapers, magazines, radio, and circulars.12
Before this act, the FTC’s ability to police such claims was limited. By explicitly targeting deceptive advertising for products in interstate commerce, the legislation helped curb the ability of charlatans to promote ineffective nostrums and fraudulent health cures to the public. Together with the Federal Food, Drug, and Cosmetic Act of 1938, it established a framework of governmental oversight that remains fundamental to protecting consumers from the financial and physical harm caused by medical fraud.2