On Jun. 18, 1973, the U.S. Supreme Court upheld the 1962 drug effectiveness law and endorsed Food and Drug Administration (FDA) action to control products by regulation rather than litigation.

This decision also endorsed the FDA’s authority to control entire classes of products through regulation, rather than relying solely on litigation. The FDA was also given the power to require drug makers to prove their drugs work before they could be approved for sale, according to the FDA. This was a significant expansion of the FDA’s regulatory power and a direct response to the thalidomide tragedy, which highlighted the need for stricter drug regulations.