food officials welcome the plan for Federal food standards and have individually and by groups endorsed this bill.

The provisions of section 17, of S. 1944, have become increasingly important. Nation-wide chains of food and drug sales establishments can and do consider the seizure of small shipments of their products as minor tribute paid for illegal, profitable business, the meager fines of the present law as necessary license for chiseling the public.

In Kentucky recently a butter manufacturer paid in State court a nominal fine for sale of short-weight butter. This company and many others do a big interstate business and they have regularly paid yearly or oftener two and three hundred dollar fines for the interstate shipment of underweight butter. An estimate was made of the profit possible at the one plant on a continued underweight sales policy, $16,000 a year would represent the "overrun" made by this plant if they continued the sale of underweight butter for 1 year as was indicated in records. Penalties should be such as to discourage violation rather than to permit payment for violation.

The present law has done much to protect the pocketbook as well as the health of the public in its 27 years of existence, but we do not have to go far to find numerous examples of cheats and frauds in a percentage of the products offered for sale as foods, drugs, and cosmetics.

As State food official, I am constantly brought to face with the problems of, in some cases, honest, ignorant individuals who are anxious to make a little money and who feel that they have something to sell in the way of a drug or a food mixture on which they can make easily 50 to 100 percent profit if only they can put the product on the market. We have the classical example of approximately a cent's worth of a common laxative salt selling for 150 times its value because of a neat package and blatant advertising.

Another product is somewhat more modest and a mixture of 15 cents worth of laxative herbs is sold for $1.50 as an absolute cure for obesity.

The statement of Dr. W. W. Martin, of Harlan, Ky., president of the Kentucky State Medical Association of "Willful Ignorance" describes this type of charlatan and money grabber. Dr. Martin says in his presidential address before the medical association in September 1933:

"The most vital of all the arts is the art of living. Therefore, it is the most difficult to learn and the most exacting to practice. But a relatively few people have succeeded in mastering even the elementary principles involved in the accomplishment of this most enviable achievement. Those who have approached the ideal preserve an elusive modesty or a positive timidity in acknowledging such a rare and difficult accomplishment.

"To make the task of dealing with this subject as simple as possible, we will try the experiment of reducing it to mathematical principles and assume that it has three dimensions-length, breadth, and depth. The first of these-length— is most pertinent to the medical profession and to the individual.

"Tersely stated, longevity may be acquired in at least, two ways. (1) By scientific resistance against the invasion of the forces that are detrimental to vital processes. (2) The complete eradication of the agencies of destruction before they can even enter or approach the sacred precincts of our bodily tissues. Sounds simple, like putting salt on a bird's tail. May we enumerate some of the factors that abbreviate our existence. I would place at the head of the list as captain of the men of death, willful ignorance. I would write it in capital letters, italicized and underscored for emphasis. By the term, I would not imply the sense in which it is generally used. I do not mean by ignorance a lack of culture or education or the social refinements that obtain in polite circles. Nor do I use the term as it is so often sneeringly applied to classes and geographical boundaries, the inhabitants of remote and obsecure districts. But, I mean that which is indicated by an attitude of indifference toward acquiring knowledge that is essential to individual welfare and failure to cooperate with the efforts and agencies that are put in force by the Government for the preservation of health and the extension of life.

"The kind of ignorance we are discussing may be divided into two classes: Willful and excusable. The former perhaps includes the larger group. As an example we consider the multitudes that scoff the laws of public hygiene, not only condemn but defy vaccination and the antitoxins and disown the dangers of contagion, hold in derision the germ idea, and mock the medical profession. There are many otherwise educated and intelligent people who might be termed 'biological skeptic' who hold as naught all physiological phenomena that affect the human body while accepting and believing parallel phenomena in the lower

orders of life. This class is so stubborn, so inconsistent, they refuse to look at or consider the evidence for fear they be convinced and stand in their own sight guilty of error."

Whoever heard of any of these predatory insects proposing a plan for prevention of illness either singly or collectively?

Nobody begrudges them the money they filch from their unwary victims or the patronage they command or the worship they receive. Their real infamy exists in the fact that they stand between the hopes of their followers and their chance to live. These people, having no regard for the dangers of contagion or the fears of infection, become the means of transmission and the source of wide and mortal epidemics. If those opposed to the established principles of physiology, pathology, and hygiene could be kept within their own ranks, no one would care to interfere seriously with their programs. No one would be seriously concerned with their mortality statistics. But it is the helpless infant and the innocent bystanders that are demanding protection, and we are morally responsible for its deliverance. This constitutes the most delicate and difficult responsibility the medical profession has to bear, because people instinctively resent any interference (apparent or real) that seems to restrain them in the exercise of what they consider to be their rights and privileges, even though the proposed restrictions are obviously for their benefit and protection. On the other side, their prophets are continually preaching the doctrine of the sanctity of personal liberty to stimulate their resistance and at the same time blatantly accuse the regular profession of the sins of envy, jealousy, and selfishness. A situation like this is one of our major problems and must be adequately dealt with if we discharge the duties of our high calling. To be so it will require an artful exercise of all the patience, diplomacy, skill, and strategy that can be acquired. But the reward is correspondingly great. I am sure that if we were relieved of the serious obstacles constituted by quacks and charlatans, we would increase expectancy to 100 years.

Codes and marketing agreements are making provisions for profits and percentage of retail sales prices over manufacturing costs or wholesale prices on many of our basic food commodities and in most of our great essential industries, but nowhere have I noted a plan for curtailing or limiting the enormous profits now existing in a great branch of our proprietary remedy manufacturing industry. The examples cited above are only a few among many that have come to my attention in the past few months, any food and drug official in any State in the Union could cite many more. The Notices of Judgment as published by the United States Department of Agriculture would prove a fertile field for thousands of examples.

A rather ridiculous example appeared in Louisville recently. A 10-cent store had a white-coated demonstrator treating the feet of a pretty girl with a truly magic foot powder. According to the spiel of the demonstrator, this powder would cure all the ills feet are heir to. An analysis indicated that the 25-cent box contained about 7 ounces of soap powder with sodium silicate. I would guess that the profit was only about 500 percent.

It would seem that provisions of S. 1944 would go far to provide a code to prevent undue profits to manufacturers of worthless nostrums by requiring a statement of the active drug ingredients, as well as the amounts. Even the most ignorant purchaser of patent medicine who can read would know that he was being cheated when he paid $12 a pint for a water extract of the wee horsetail as the exhibits of the United States Department of Agriculture depicted at the Century of Progress.

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Many of our "patent" medicines depend on laxative or purgative qualities for their effectiveness and advertise as stomach, kidney, and bowel remedies." If even a portion of the public could be informed that such products are laxative in nature, some of the 18,000 deaths each year from appendicitis might be prevented. Authorities state that 11,000 of these deaths are traced to the administration of purgatives.

It is utterly impossible to even estimate the cost to the public of falsely advertised and worthless drug products. I mean the cost in lives, as well as in money. Public welfare workers and county health nurses tell me that in visiting homes of families who are on the relief rolls, unable financially to purchase adequate food and clothing, they will find a bottle (price $1 and up) of some well-known nostrum purchased with money that should go to buy very necessary food.

The present Food and Drug Law has hampered the Federal officials in accomplishing the design of that law to protect the public from misbranded and adulterated foods and drugs.

We would not fight a war with the antiquated weapons of 1906, we would not care to make a journey in a 1906-model automobile, and few of us would care to keep house with 1906 facilities. We have been expecting 1933 Federal officials to adequately protect from adulterated and false food and drugs a 1933 population assailed by true and false advertising printed and spoken word, with a 1906 law, framed at a time before radio, talkies and printed advertising had reached the peak now attained.

For 14 years, I have been closely associated with the enforcement of the State food and drug laws, and I am well aware as you are that even with constant reminders, the public buy drug products and cosmetics in particular more from their advertised claims than from any statements made on their labels.

To determine the effectiveness of the present law in all its inadequacy, I ask you only to compare the labels of some well-known "patent" medicine with its radio or magazine advertising.

The other night a radio speaker stated plainly that a certain soap "would grow new skin" on the user's face. Such fabrication is really ridiculous, and almost laughable if it were not for the deep tragedies similar statements cause.

I want to quote again from Dr. Martin's very interesting paper, The Art of Living, where he touches on just advertisement as it covers a single class of drug products:

"Ever since Lister published his discoveries concerning antiseptics, their effects and mode of action have been distorted in the public mind by the cupidity of commercial interests. Unscrupulous advertisement has misled the public and caused them to attribute powers of both cure and prevention to substances containing antiseptics that cannot be realized. In that way people are led to assume unwarranted risk and exposure expecting antiseptics to provide protection. It must be thoroughly understood that a germ must be brought into direct contact with antiseptic agents before it can in any way affect them. It must be remembered too, that germs are also endowed with the divine faculties of self-preservation. They do not come out in open places and invite themselves to slaughter. On the contrary, they hide in the obscure and hidden recesses of the body that are invisible even to the microscopic eye. They fortify themselves in fortresses of fatty tissues that is inpenetratable to aqueous solutions, thereby rendering some of our noblest efforts at antiseptics futile. This situation can best be illustrated by the example of a farmer spraying his barn to exterminate the rats. All aqueous solutions of antiseptics are of either doubtful value or have none whatever. Killing germs in vitro (test tube) and in vivo (body tissue) are two vastly different problems. Any reliance upon antiseptics without due consideration of ways and means of establishing the necessary contact is doomed to failure and may lead to fatal consequences. After all, there is only one antiseptic in which complete reliance can be found and that is heat. A temperature of 160° F., or more. Next to that, the factor of safety deserving the greatest degree of confidence in the basic rules of cleanliness typified in soap and water and vigorous application." The present Federal Food and Drug Law, does not in any way cover cosmeti cs and that vast army of users of such products are made victims of their own harmless and pleasant vanity coupled with unscrupulousness of a minority of manufacturers of this class of products. The consumer at present is helpless, there is no source of information available for their guidance and I can vouch for their avid interest since I have come in direct contact in a number of States with women's organizations. The women are the users of cosmetics and as the representative of that great branch of consumers, I can only urge that Congress through the enactment of S.1944, afford some protection to our health, our looks, and our pocket books.

In the present law, the definition of drugs does not include a vast army of mechanical, electrical, and statis devices advertised for sale as treatments of all types of conditions and diseases from double chins to diabetes.

Only last year an enterprising concern with offices in all the large cities of the country was selling and may still be selling an electric belt. One sat within its circumference and could, in accordance with their literature and newspaper and radio advertisement be successfully treated for "Asthma" through "Varicose Veins", and alphabetical list of 27 diseases. This utterly valueless apparatus sold for $67.50 cash or $75 on time. At the present time there is no law preventing the sale of such trash. Only the depression has had any effect on the sales.

Another simple electric heater, such as is sold for heating the shaving water or the baby's bottle, was offered for sale as an electrifier of water which would give such magical properties to a glass of water so heated, that a hopeless invalid for 30 years could be cured of a bone deformity. Such frauds and chiselers of our

money and hopes will be prevented from operation by the enactment of this bill, S. 1944.

State food and drug laws in many instances are patterned after the present Federal law. The proposed bill makes little change in the basic principles as they affect foods except to strengthen the Federal law, and in fact bring it more in line with the provisions of many State laws.

There are few States actively engaged in the enforcement of the drug portions of their State laws, due mainly to lack of appropriations as well as to the fact that the great majority of packaged drug products are sold in interstate commerce and as such is subject to the Federal law. Many times it has been brought forcibly to my attention that our State laws are only so strong in enforcement as our Federal Laws are interpreted, regardless of the fact that our State laws are in many instances stronger and more forceful in language. State courts are very apt to balk at interpretations contrary to decisions under a somewhat similar Federal law, and few States have the funds to build up a case to be fought through the final courts. The strengthening and broadening of the Federal law as it applies to the drugs and advertising will go far to clear the markets of all States of fraudulent products and the passage of this bill, S. 1944 will be hailed by State health and food officials as evidenced by quoted expressions of opinion from such officials, attached to this statement.

The Association of Food, Drug, and Dairy Officials of the United States adopted a resolution approving the proposed bill in September of this year at their annual meeting in Milwaukee.

The Association of Food and Health Officials of the Ohio Valley passed a resolution approving the bill in detail and urging its passage at their quarterly meeting in October 1933.

The individual members of the South Central States Association of Food, Feed, Drug, and Health Officials have authorized me as their president, to submit their statements urging favorable action by this committee and the need for passage of this bill.

Health officials, State food commissioners, and State agricultural departments have added their approval of the bill and are urging its passage.

The State Board of Health of Kentucky, in its monthly bulletin, makes this final statement in an article discussing the proposed act, S. 1944.

"There is no valid reason anywhere why the proposed legislation should not become law; there are many and compelling reasons why it should. It is necessary for the proper protection alike of the consumer and of the honest manufacturer and dealer-the former, in his health and his economic welfare; the latter, against unfair and dishonest competition."

RESOLUTIONS ADOPTED BY THE OHIO VALLEY CONFERENCE OF FOOD, Drug and HEALTH OFFICIALS, AT ITS REGULAR QUARTERLY MEETING HELD OCTOBER 25, 1933, AT CINCINNATI, OHIO

Whereas, by direction of the President of the United States the Department of Agriculture has prepared a bill, designed to supplant the present food and drugs act, which has been introduced in the Senate as Senate bill 1944; and

Whereas, nearly 27 years enforcement of the Federal food and drugs act revealed many deficiencies in its provisions through wich serious abuses of the public health and the consumer's purse arise; and

Whereas, the United States Department of Agriculture, with the approval of the President of the United States, has prepared a bill which was introduced in Congress by Senator Copeland as Senate bill 1944, designed to correct these abuses by strengthening and extending the present law in the following particulars: (1) Prevention of false advertising of foods, drugs and cosmetics; (2) Prevention of traffic in poisonous cosmetics;

(3) Establishment of safe tolerances for added poisons in food;

(4) Establishment of legally binding definitions and standards for foods;

(5) Power to require permits for manufacture of potentially dangerous products when public health cannot otherwise be safeguarded;

(6) Prevention of curative claims for drugs when such claims are contrary to the general agreement of medical opinion;

(7) Requirement for definitely informative labels for food and drugs; and

(8) Power to protect the public health from future products and practices which may prove dangerous.

Whereas, the Ohio Valley Conference of Food, Drug, and Health Officials has consistently endorsed legislation to protect public welfare through safeguarding the purity and truthful representation of food and drugs, therefore, be it

Resolved, That the Ohio Valley Conference of Food, Drug, and Health Officials endorse Senate bill 1944 and that every effort be made to secure the enactment of this bill during the forthcoming session of Congress.

STATEMENT COVERING SENATE BILL 1944 AS PUBLISHED BY THE STATE BOARD OF HEALTH OF KENTUCKY IN THE BULLETIN OF THE STATE BOARD OF HEALTH OF KENTUCKY, DECEMBER 1933, VOLUME 6, No. 5

MODERNIZING THE FEDERAL FOOD AND DRUG ACT

The present Federal Food and Drug Act became law in 1906. It was designed, primarily, to safeguard the consuming public against deception and fraud in the sale of foods and drugs passing in interstate commerce.

That the enactment has been productive of incalculable good does not admit of rational argument. It has operated to prevent the sale of many and various goods dangerous to the public health. It has, to a large degree, served to correct many cases of flagrant deception in the labeling of drug products.

Equally evident is it that the law, as it now stands, is grossly inadequate for the proper protection either of the public health or the consumer's purse. Twenty-seven years of enforcement have revealed many weaknesses in the statute which defeat full accomplishment of its purpose. Some of these weaknesses are inherent in the original limitations of the law itself; others have grown out of changed and changing conditions. Both the food and drug industries have expanded tremendously since 1906. The intervening 27 years have witnessed a gradual transfer, throughout the Nation, of food preparation from the kitchen to the factory. Methods of transportation and advertising, particularly the latter, have changed enormously. New provisions are required to meet the new conditions.

The Department of Agriculture, at the direction of the President, has drafted a bill designed to plug the loopholes in the existing law and to modernize it, to the end that it may prove a more effective instrument against present-day abuses. This new draft was introduced in the upper Chamber of Congress last June by Senator Royal S. Copeland of New York, and is known as "S. 1944." serving all the worthy features of the present law, it strengthens and extends the existing enactment in many important particulars. Among these are:

While pre

Many foods and drugs carry no false statements on their packages, but their advertising is blatantly misleading. Legal actions against false labels result merely, under the law as it now exists, in correcting the labels; continued deception of consumers may be and often is accomplished by advertising the false claims formerly made on the labels.

INCLUSION OF COSMETICS

The health of many persons is impaired by poisonous cosmetics, for the popularizing of which false labels and deceptive advertising are frequently and largely employed. The present law has no jurisdiction over cosmetics. The bill now pending will correct these evils.

BETTER CONTROL OF POISONOUS FOODS

The present law contains no provision against poisons in foods, unless the poisons are added. The bill now pending prohibits the sale of dangerous foods, regardless of whether the hazard is caused by added poisons or otherwise. As the law now stands, the testimony of expert toxicologists must be introduced, in every case, to show that the quantity of added poison is such as may be harmful to health. The proposed legislation authorizes the Secretary of Agriculture to establish, upon expert advice, safe tolerances for added poisons in foods.

MORE ADEQUATE CONTROL OF FALSE CURATIVE CLAIMS FOR DRUGS

Many persons are influenced by false curative claims for drugs to postpone or discontinue rational treatment for serious diseases. Frequently, the disease is thus permitted to progress to a point where illness becomes protracted or untimely