These are problems that would have been solved without the preemptive FDA ban on unapproved drugs. Society, as usual, over-reacted, and created a set of highly

These are problems that would have been solved without the preemptive FDA ban on unapproved drugs. Society, as usual, over-reacted, and created a set of highly restrictive rules that have cost probably millions of lives over the subsequent decades. A much more sensible law in the aftermath of the drug scandals of the 1930s and 40s, that would have run a much much lower risk of having a myriad negative consequences, would have been a requirement to include on any drug, a disclosure of whether it is approved by the FDA. Non-approved drugs could have been required to include a warning that the FDA recommends a person not take the drug as it has not been verified to be effective or safe. This provides most of the benefits of the FDA's role as gatekeeper, without most of the harm done by heavily restricting a market and making it totally dependent on a single central authority. Providing consumers with the ability to ignore the warnings of the FDA would have acted as a lifeline/failsafe in cases where the FDA erred.