356 CONGRESSIONAL RECORD-HOUSE During the last 4 years bills have been pending before Congress which have provided for the constructive amendment and enforcement of the pure food and drug law, but in each and every case these bills have either been killed in the committee or amended in such a way that they became ineffective. It seems to me that if we can get this bill up for consideration, that the membership of the House will and should take enough interest-for once in 30 years to give consideration to the protection of the health and lives of the citizens of this country, rather than to give protection to those individuals and those manufacturers who put their private interests and the making of their private fortunes above the rights and protection of human health and human happiness. The people of this country certainly have a right to be protected against false advertising and false statements, and should have a right to rely upon the advertising and statements made by manufacturers concerning the food and drugs they consume. They should have a right to rely upon the statements that are made through the newspapers and periodicals of this country, as well as over the radio, as to the qualities and contents of the food and drugs which are sold to the public. Those persons who seek to take advantage of folks through false advertising or false statements should receive the same punishment and the same consideration as they would in a court where they are guilty of committing libel or slander. Honest manufacturers and dealers have nothing to fear by such legislation. They should favor it. Newspapers that want to protect their readers from false and misleading advertisements should support this legislation. It is legislation that is for the best interests of the people. It has the urgent support of both major political parties. Four years ago the President supported this legislation. This House should not be affected by selfish influences and powerful interests. It should pass a real, honest, forceful, and constructive pure food and drug bill. Let Congress have in mind the American consumers of this country who are looking for protection against those individuals who would put their own economic gain above the welfare of the people of their land. If there ever was an important piece of legislation pending before Congress, this is one of them. The responsibility for the passage of an effective, workable pure food and drug bill lies with this Congress. In view of recent experiences we should give immediate attention to this important question. It seems to me that it is high time this Congress, instead of giving consideration to the question of the loaning of portraits to a picture gallery, or other trifling matters, should get down to business and give consideration to the problems that are of vital importance to the health, the welfare, and the happiness of the people of this country. The bill is on the calendar. Why not bring the measure up for consideration right here and now? The SPEAKER. The time of the gentleman from Kansas has expired. DEATH OF FORMER REPRESENTATIVE SAMUEL J. NICHOLLS, OF SOUTH CAROLINA Mr. MAHON of South Carolina. Mr. Speaker, I ask unanimous consent to proceed for 1 minute to make an announcement. The SPEAKER. Is there objection? Mr. MAHON of South Carolina. Mr. Speaker, it is with profound sorrow that I announce to the Members of the House the passing this morning in Spartanburg, S. C., of the Honorable Samuel J. Nicholls, a former Member of the House from the Fourth District of South Carolina. EXTENSION OF REMARKS Mr. CARLSON. Mr. Speaker, I ask unanimous consent to extend my remarks in the RECORD and to include therein a letter I have written to the State Department in respect to the reciprocal trade agreement with Great Britain. The SPEAKER. Is there objection? There was no objection. NOVEMBER 24 THE TRANS-PACIFIC AI SERVICE Mr. MEAD. Mr. Speaker, I ask unanimous proceed for 1 minute. The SPEAKER. Is there objection? Mr. MEAD. Mr. Speaker, today the Hawaiian Clipper leaves San Francisco to begin the third year of the transPacific service. America's first transoceanic air-mail service has been in operation for 2 years and is without parallel any place in the world. It is the only over-the-ocean passengercarrying service that exists. It has completed 162 scheduled flights without a forced landing or accident of any kind, covering 1,288,773 miles in regular service, or 96 percent of its scheduled mileage. This indicates that America has made greater progress in commercial aviation than any other nation in the world. The trans-Pacific service has increased its mail volume this year over that of last year by 173 percent. The first year It carried 954,730 letters; the second year it carried 2,608,246 letters, doubling, almost tripling the first year's performance. More than half a ton of mail is being carried weekly from California to China by air, or about 230,000 letters every month. The passenger service is increasing. Nearly 2,000 persons flew the Pacific in the past year, a record of some 7,931,312 passenger miles. The cargo-carrying department shows even bigger Agures. Since schedules were started across the Pacific the clippers have carried 505,944 pounds of cargo in addition to passenger and mail loads. Serum and other medical supplies have been rushed across the ocean to the Orient; news reels of the bloody conflicts now being waged in China have been flown to the States; practically everything that could be put aboard has been sent by air. ADJOURNMENT OVER Mr. RAYBURN. Mr. Speaker, I ask unanimous consent that when the House adjourns today it adjourn to meet on Friday next. Mr. CHURCH. Mr. Speaker, I reserve the right to object to ask the floor leader if he can find out from the Ways and Means Committee, or its chairman, whether the following statement appearing in the morning paper, the Washington Post, is true, that there will be no final action on this reduction of taxes on business until the regular session? Mr. RAYBURN. Mr. Speaker, the gentleman can get that information from the Ways and Means Committee, who are in charge of such matters. I do not have the information the gentleman refers to. Mr. CHURCH. Mr. Speaker, I think there is every indication that the leadership of the New Deal is not going to bring into this session any legislation that is going to liberate business, thereby giving jobs to the millions who are in need and who also desire to celebrate Thanksgiving. Mr. RAYBURN. Mr. Speaker, I did not yield to the gentleman to make a speech. Mr. CHURCH. I am going to make a short statement under my reservation, or I shall object. Mr. RAYBURN. The gentleman may object if he wishes to do so. Mr. CHURCH. I object. The SPEAKER. Is there objection to the request of the gentleman from Texas that when the House adjourns today it adjourn to meet on Friday next? The gentleman from Illinois objects. EXTENSION OF REMARKS Mr. HOFFMAN. Mr. Speaker, I ask unanimous consent to insert in the RECORD a letter of complaint made to the N. L. R. B. The SPEAKER. Is there objection? IN RESPONSE TO SENATE RESOLUTION No. 194 NOVEMBER 16 (calendar day, NOVEMBER 26), 1937.-Referred to the without illustrations UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1937 LETTER OF TRANSMITTAL DEPARTMENT OF AGRICULTure, Washington, November 25, 1937. Hon. EDWIN A. HALSEY, Secretary, United States Senate. DEAR MR. HALSEY: Respectfully submitted herewith is my report on Elixir Sulfanilamide-Massengill, requested in Senate Resolution 194 of November 16, 1937. REPORT OF THE SECRETARY OF AGRICULTURE ON DEATHS DUE TO ELIXIR SULFANILAMIDE-MASSENGILL [Submitted in response to S. Res. 194 of November 16, 1937) During September and October of 1937 at least 73 persons died as a direct result of taking the drug known as "Elixir Sulfanilamide." Twenty other persons who took the "elixir" died, but it has not yet been established that this drug was exclusively responsible. The 93 deaths occurred in 15 States, as far east as Virginia, as far west as California. "Elixir Sulfanilamide" was manufactured and sold by the S. E Massengill Co., of Bristol, Tenn. According to the firm's books, 240 gallons were manufactured. The entire amount has been accounted for. Before the "elixir" was put on the market, it was tested by the firm for flavor but not for its effect on human life. The existing Food and Drugs Act does not require that new drugs be tested before they are placed on sale. "Elixir Sulfanilamide" was first distributed commercially on September 4, 1937, and continued to October 15, 1937. The first word of deaths from an unidentified sulfanilamide preparation reached the Food and Drug Administration on October 14. On October 16 an investigator for the Administration telegraphed from Tulsa, Okla., that nine persons had died there after taking "Elixir Sulfanilamide." Seizure of all outstanding shipments was immediately ordered. Since the Federal Food and Drugs Act contains no provision against dangerous drugs, seizures had to be based on a charge that the word "elixir" implies an alcoholic solution, whereas this product was a diethylene glycol solution. Had the product been called a "solution," rather than an "elixir," no charge of violating the law could have been brought. Of the 240 gallons manufactured, 228 gallons and 2 pints have been scized under Federal and State laws, destroyed, collected as laboratory samples, or wasted by spillage and breakage. Eleven gallons and six pints were dispensed on prescriptions or over-thecounter sales. Of this amount, about half was consumed and caused the deaths; the other half was retrieved before consumption. The lethal effect of the "clixir" was due to its content of diethylene glycol, which was used as a solvent in making a liquid preparation of sulfanilamide, usually administered in tablet or powder form. Sulfanilamide itself is a valuable drug, and was not responsible for the disaster. Sulfanilamide is the name of one of a group of closely related chemicals first reported in European medical literature of 1935 to have been used for drug purposes. It has shown dramatic curative effects. Physicians in this country have been quick to recognize its far-reaching possibilities. Its use has grown to tremendous proportions. An 1 editorial from the Journal of the American Medical Association, attached as exhibit A, shows that sulfanilamide is potentially dangerous but that properly used it may be brilliantly successful in treating various infections. The fatal "clixir" was rushed onto the market without adequate test to determine whether or not diethylene glycol may be safely used as a solvent for sulfanilamide, despite previously published reports in scientific literature showing that diethylene glycol might be dangerous when taken internally. A few simple and inexpensive tests on experimental animals would have quickly demonstrated the toxic properties of both diethylene glycol and the "elixir." A typical label follows: It will be observed that the preparation is a semisecret one, that the presence of diethylene glycol is not disclosed, and that no warning of danger appears. Most of the drug was administered on physicians' prescriptions. HOW THE "ELIXIR" WAS PRODUCED Dr. Samuel Evans Massengill is sole owner of the S. E. Massengill Co., of Bristol, Tenn. He holds the degree of doctor of medicine, and was licensed to practice medicine in 1900. His letterhead bears the statement "Purveyor to the professions of medicine and pharmacy since 1897." Mr. Harold Cole Watkins, chief chemist and pharmacist of the company, holds a degree of pharmaceutical chemist. Since 1900 he has been engaged as pharmaceutical, analytical, and research chemist by various firms. He joined the Massengill Co. in 1935. |