Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-08-14
CURATIVE POWERS
MUST Be PROVEN
Federal Court Holds Drug
qists Cannot Hide Behind
"the Doctors Say"

A decision of far-reaching Importance
to the manufacturers of all products
that directly or indirectly claim cur
alive value, whether taken externally or
internally, has been rendered IN the
Federal Courts, and ofncialS OF the De-
partment Of Agriculture state that 1t
will affect the character of labels
whereby such products hereafter are
sold to the public.
Even though the proprietor or ship
per does not make any direct state
ment in the label, wrapper or attend
ing circulars as to the curative or
therapeutic value Of the preparation,
the Circuit Court OF Appeals for the
ninth circuit declares the use OF doc
tors testimonials when the preparation
is not capable Of producing the effect
claimed. amounts to violation OF
the foods and drugs act.
IF the drugs are worthless" the
court says, 1.-The proprietors cannot eS-
cape responsibility by hiding behind
the phrase the doctors say"
Nowhere in the label or wrapper or
circular did the proprietor in this par
ticular case make any direct state
ment himself as to curative value.
merely declaring I'VE have received
many letters from physicians report
ing" Then there were given state
ments from physicians who TESTIFIED
as to the accuracy of those reports and
1t was commended that this was a com"
plete defense whatever might be the
character Of the drug.
Must Prove Curative Value.
The big point decided by the court
Is that any statement as to curative
value, whether direct or indirect. must
be proved. Now the case will be re-
manded in all probability to the lower
courts for trial again on its merits to
determine whether the ingredients IN
the compound are capable OF producing
the cure claimed for 1t.
This means that hereafter 1t will be
possible for officials of the Government
to declare that product is misbrand-
ed and to institute prosecution II they
are advised by their own medical ex-
perts that there is substantial grounds
for the belief that the articles will not
cure as claimed. The Department OF
Agriculture has no control under the
law of advertising of cures in publica-
tions. being confined entirely to what
is said in the label or wrapper or cir
cular. Under the Smoot bill such
authority would be given to the Gov
eminent. but there is much controversy
as to Whether this ultimately might
mean a Government censorship Of adj
vertising. During the flu epidemic last
Winter many cures were claimed, but
the Government here was powerlesS to
intervene to prevent the public from
being deceived in the purchase of drugs.
The latest decision, however. gives
the department a broader power than
it ever has had before as to the value
of drugs which are labeled as cures
or which imply cure. The issue has
now been drawn definitely in the courts
- xr,H,A rI,r,,rp ank, 1Ivyn
duce the cure claimed for it.
In assuming that the present de-
cision will stand, Government officials
are relying on a famous decision Of
the Supreme Court of the United
States which reads in part as follows:
1.-The statute is plain and direct. Its
comprehensive terms condemn every
statement, design and device which may
mislead or deceive. Deception may re-
suit from the use of statements not
technically false or which may be lit
orally true. The aim of the statute is
to prevent that resulting from indirec-
ton and ambiguity as well as from
statements which are false. It is not
difficult to choose statements, designs
and devices which will not deceive.
Those which are ambiguous and liable
to mislead should be read favorably to
the accomplishment of the purpose Of
the act"
Under the broad principle enunciated
by the Supreme Court 1t Is felt in some
quarters here that ultimately Congress
may be inclined to tie up advertise
ments in publications with the labels
on food and drug products. While such
a step would undoubtedly be fought as
an interference with the constitutional
right and freedom Of the press, it would
be defended in Government quarters
here on the other hand on the ground
that the public welfare Is paramount
and that what goes into the human
body can be controlled as to deception
and misleading statements whether adj
vertised in publications or on the wrap
pers and circulars which envelop the
packages containing the goods them
selves. D. l..
Copyright. 1927