Federal Food, Drug and Cosmetic (FD&C) Act of 1938 did not accurately regulate drugs. This Act allowed drug companies to sell a drug "if the FDA did not act within 60 days to prevent its marketing." In addition, in 1938, the FDA did not have the autonomy to enforce good manufacturing or clinical practices. During this time period, there were a lot of unsafe and ineffective drugs in the market. Senator Kefauver's investigation into the pharmaceutical industry revealed over-promotion of drugs and false advertising of the side effects and efficacy of drugs in the market. One of the biggest drug scandals at that time involved thalidomide. Thalidomide, if taken during the first trimester of pregnancy, would kill the fetus, cause the fetus to