New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-05-30
"CURES" MAY BE SOLD
Not Irnla wful if Labels on Them
Are Correct.

Washington. MAY 2s-Medicins which Is
nothing but suestened water or piils COM
rosed If colored mud may BE- labelled
cures" and sold such with impunlty
under the national pure food and drugs
act according 70 decision rendered 70
dsv bv the United States Supreme Court
in the case ~ DR. 0 4 Johnson, OF
Kansas CITY. No Provided there is no
n1isstater1ert On the bottle or package as
70 ,ts contents the ranufacturer &c free
70 sell his goods Justice Holmes an
nouncad the majority opinion. Justice
Hughes delivering dissenting opinion m
which Justices Harlan and Dav concurrec
The court Acknowledged that IN
certain sense the statement on the label
vas false or. A. least misleading hut II
held that the language - the pure
food law * such that the statement con
tanned therein as 70 the meaning ~ mis-
branding is aimed not az all possible
false statements hut only az such as de-
terrline the IDENTITY ~ the article. possibly
including IFS strength quality and purity
II q label we're 10 state that the con
tents % 2 bottle vas water when as a
matter ~ fact II was other than water
II would come under The misbranding IN the
meaning % the Law according 70 to-day 8
OPINION But the opinion adds THAT when
the statement on the box or bottle OF medi
cine is shown 20 be false only in its rom
/ nendatorv and prophetic aspect when
| the contents we're "undescribed and IN
known" il did not come within the act
/. Johnson vas indicted In the federal courts
Of Missouri IN 1909 on charge Of having
violated the pure food and drugs act or
1906 r. was alleged that Johnson. doing
/ business under the name Of company.
shipped from one state 70 another certain
articles designated ss "csncerine taolets.
etc the labels on which were false and
! misleading IN that they implied that the ar
doIss were effective in bringing about tne
cure Of cancer n was alleged m The IN
dictn1en- that This statement IVES untrue
and the articles we're worthless and mel
fectiv. FOR such purposes
n the arguments before the Supreme
/ Court the government admitted that tne
CONTINUATION - put on the law would
orobabiv break NJ the patent medicine bust
nees in this country on behalf n lT
/ rob,.or II was cortended that " The gov
er,rz,t-s vtAu r-evailed every physician
/ -.,.,tl te~or,e q criminal = he prescribed
for patient IN another state md made
7 an. suggestion as ~ the efficacy of his pre-
1 scr,ntion n vss stated also that The
biggest trust I'm ~. United States. ths med
! icsl trust. dominated BY the so-cslled resu-
lar physicians would n delighted n pat
~, madeleine concerns were put ont ~ bust
ness bv this case.
The use Of derivatives ~ cocaine opium
,,orphins and other dangerous drugs by
manufacturers ~ headache and other
remedies without specifically naming on RI.
label the drug from which the ingredients
we're derived is not In violation ~ the pure
food and drugs at. according 70 a decision
to-day Of the District ~ Columbia Court
~ Apresls Deciding The government =
cas-. against headache remedy manu-
featuring firm OF - Louis chief Justice
shepard said
congress reserved % itself the state
nnent Of the contents on The labels and did
no, require that when drug Is deriva
tive merely he name ~ me drug from
whence derived should also be recitsd'