By Jeffrey A. Tucker at Brownstone dot org.

The second Trump administration arrived in the wake of the brutal Covid experience, with the hope of gutting the deep state. A public demand for dramatic reform of oppressive government agencies – and the industries that influence them – was on the docket.

Reform efforts, however, have been met with frustration. The entire machinery is set up to resist the influence of a politically hostile takeover. For example, Moderna, the company tasked with the development of mRNA shots for Covid, has been given the green light to further develop the technology for a flu shot, among other grave disappointments.

The operations of the FDA have been pulled in two different directions. On the one hand, the efforts are directed toward better efficacy and safety testing, obviously in light of the disastrous experiment with mRNA shots rolled out to inoculate the population. The resulting injury and death is a scandal for the ages. On the other hand, pharmaceutical companies hoped for speedier approvals and less red tape, consistent with Republican demands for decades.

It's the same with food. The HHS has prioritized healthier real food instead of decades of subsidies for highly processed, nutrient-barren junk food designed to use up surplus grains that have been subsidized since the early 1970s. Americans meanwhile assume – thanks to the FDA and the Department of Agriculture – that anything for sale for people or animals has surely passed some kind of safety and health standards, which is far from true.

A worthy thought experiment: how would drug approvals and food safety be managed in the absence of such government agencies? The thesis: the free and competitive marketplace would likely be far more strict and exacting than these government agencies. Private solutions would emerge as the standard bearers of approvals, in a way similar to how the private Underwriters Laboratory (founded 1894) codifies the safety of appliances, the Better Business Bureau (founded 1912) polices fraud in business, and actuaries in many sectors assess and price risk.

Anyone in a free market can sell anything. Doing so profitably over the long term and earning consumer trust is an entirely different matter. Markets have their own way of regulating safety, efficacy, and quality, often in ways that are more strict than government agencies have traditionally permissioned.

Let's look at the history.

Vaccines and drugs were the first two consumer products in American history to be regulated by government agencies. The Biologics Control Act of 1902 regulated the production and sale of biological products, specifically vaccines, serums, antitoxins, and similar items. It required annual licensing of manufacturers, facility inspections, supervision by a scientist, and proper labeling (including expiration dates).

This Congressional action came directly in response to the wave of vaccine injuries and death in 1901. A diphtheria antitoxin in St. Louis killed 13 children, while a contaminated smallpox vaccine in Camden, New Jersey, killed 9 more. Crucially, these tragedies gained public attention through media amplification whereas most vaccine injury remains a private and unpublicized matter. The public was outraged in part because it confirmed widespread suspicion of these products born of long experience.

The industry was clearly in deep trouble. It lobbied for the 1902 law to shore up confidence in a manner consistent with its efforts before and since.

As historian Terry S. Coleman points out, "the 1902 Act was an initiative of the large biologics manufacturers," with the help of the American Medical Association and led by Parke-Davis, which was acquired in 1970 by Warner-Lambert and again by Pfizer In 2000. "It is impossible to disentangle the desire for strict regulations to boost public confidence in biologics," he writes, "from the desire for such regulations to eliminate competitors."

Thus did the creation of the agency forme...