The United States Federal Food, Drug, and Cosmetic Act (FFDCA, FDCA, or FD&C) is a set of laws passed by Congress that give the Food and Drug Administration (FDA) authority to oversee the safety of food, drugs, medical devices, and cosmetics. The FDCA is located in the United States Code, beginning at 21 U.S.C. §301.
In Texas, as in all states, the Federal Food, Drug, and Cosmetic Act (FDCA) provides the framework for the regulation of food, drugs, medical devices, and cosmetics. This federal law, which is found in Title 21 of the United States Code starting at Section 301, grants the Food and Drug Administration (FDA) the authority to ensure that these products are safe for public use and consumption. The FDA's regulatory powers include the ability to approve new drugs and medical devices before they can be sold, to set standards for food safety, to regulate the manufacturing and labeling of products, and to take enforcement actions against entities that violate the FDCA. While the FDCA is a federal statute and applies uniformly across the United States, Texas may have additional state laws and regulations that complement the federal rules and address specific public health concerns within the state. However, when state regulations are in conflict with federal law, the federal law will typically preempt state law under the Supremacy Clause of the U.S. Constitution.
