CONTENTS Anderson, Sigurd, Commissioner, Federal Trade Commission; accom- panied by Earl Kintner, general counsel; John_T. Laughlin, assist- ant general counsel; Harry Babcock, director, Bureau of Investiga- tion; Frederick W. Irish, Division of Scientific Opinion; Charles R. Moore, legal adviser on deceptive practices; and Thomas P. Baxter, chief, Division on Management and Organization__- Ayd, Dr. Frank J., Jr., practicing psychiatrist and medical researcher, Bartemeier, Dr. Leo, chairman, council on mental health, American Medical Association, past president of the Psychiatric Association, and director of the Seton Institute, Baltimore, Md.; accompanied by Dr. Lauren A. Woods, associate professor of pharmacology, University of Michigan Medical School, Ann Arbor, Mich.; and Dr. Malcolm Phelps, president, academy of general practice, and member of house of delegates of the American Medical Association__ Dowling, Dr. Harry F., head of the Department of Medicine, College of Medicine, University of Illinois_ Holland, Dr. Albert H., Jr., Medical Director of the Food and Drug 47, 90 64 Kline, Nathan S., M. D., director of research, Rockland State Hospital, Steele, Dr. J. Murray, chairman, committee on public health, New Stevenson, Dr. Ian, professor and chairman, Department of Neurology and Psychiatry, University of Virginia, Charlottesville, Va.. 78 115 Letters, statements, etc., submitted for the record by- Anderson, Sigurd, Commissioner, Federal Trade Commission: Comparison between 4 drugs, based on an article published in 110 Excerpt from "out of context quotation" involving a drug being Blatnik, Hon. John A., a Representative in Congress from the State Excerpt from an editorial by Dr. Joseph Garland, editor of the Dowling, Dr. Harry F., head of the Department of Medicine, College of Medicine, University of Illinois: Biographical sketch_ Kline, Nathan S., M. D., director of research, Rockland State Hospital, New York Department of Mental Hygiene: Excerpt from an article re grants-in-aid.. Letters, statements, etc., submitted for the record by-Continued Plapinger, Jerome, S., counsel, Legal and Monetary Affairs Subcom- Excerpt from an article by Nathan S. Kline, M. D., June 1957.. Excerpt from proposed new code for the American Manufacturers Excerpt from reprint of an article re Dr. Frank J. Ayd, Jr. Excerpt from speech of Dr. Harry F. Dowling, October 12, 1957. Excerpt from statement of Nathan S. Kline, M. D. Exhibit 1-What is the Overall Direct Cost of Mental Illness in the United States Today? prepared by National Committee Against Mental Illness_ Exhibit 2-Criteria for Psychiatric Improvement, by Nathan S. Kline, M. D., reprinted from the Psychiatric Quarterly, pages 31-40, January Exhibit 3-Legal Problems Arising From Quotations of Scientific Publica- tions in Advertising Materials, prepared by George M. Chapman of the Exhibit 4-Relation of Psychiatry to the Pharmaceutical Industry, editorial by Dr. Nathan S. Kline, pages 611-615, AMA Archives of Neurology and Psychiatry, June 1957-- Exhibit 5-Psychotherapeutic Drugs, report of the Council on Drugs, pages 1040-1041, JAMA, March 1, 1958. Exhibit 6-Editorial Responsibility for Medical Advertisements, by Joseph Garland, M. D., pages 1117-1120, New England Journal of Exhibit 7-Points of Procedure for Guidance in Ethical Drug Promotion, adopted on February 25, 1955, by the medical section of the American 29 31 Exhibit 8A-Research Performed by the Council on Drugs, American Medical Association, as a Service to the Medical Profession_- Exhibit 8B-Letter from Thomas H. Alphin, M. D., AMA Washing- ton office, to Chairman John A. Blatnik, dated March 31, 1958, with 2. Principles of Advertising for American Medical Association Publications, page 1175 of above issue__ Exhibit 9-Report on Tranquilizing Drugs by the Committee on Public Health of the New York Academy of Medicine, pages 282-289, Bulletin, New York Academy of Medicine, April 1957. Exhibit 10A-Statement of Dr. Frederick F. Yonkman, vice president in Exhibit 13-Letter dated March 5, 1958, from Dr. Albert H. Holland, Jr., Medical Director, Food and Drug Administration, Department of Health, Education, and Welfare, to Chairman John A. Blatnik, containing state- ment in addition to testimony of Dr. Holland.. Exhibit 14A-Public Health Monograph No. 41, Public Health and Social Problems in the Use of Tranquilizing Drugs (1956), published by the Public Health Service, Department of Health, Education, and Welfare- Exhibit 14B-Interview with Dr. Robert H. Felix, Director, National Insti- 259 FALSE AND MISLEADING ADVERTISING (Prescription Tranquilizing Drugs) TUESDAY, FEBRUARY 11, 1958 HOUSE OF REPRESENTATIVES, LEGAL AND MONETARY AFFAIRS SUBCOMMITTEE OF THE COMMITTEE ON GOVERNMENT OPERATIONS, Washington, D. C. The subcommittee met, pursuant to call, at 10:10 a. m., in room 1501 House Office Building, Hon. John A. Blatnik, presiding. Present: Representatives Blatnik (chairman), Hardy, Mrs. Griffiths, Meader, and Minshall. Also present: Jerome S. Plapinger, counsel; Eric Weinmann, associate counsel; Curtis E. Johnson, staff administrator, and Elizabeth Heater, clerk. Mr. BLATNIK. The Legal and Monetary Affairs Subcommittee of the House Government Operations Committee will please come into public session. The hearings today resume the subcommittee's inquiry into the activities of the Federal Trade Commission in the control of false and deceptive advertising of medical preparations. Our attention to date has been directed to advertising of proprietary preparations— that is drugs sold directly to the public. In this series of hearings our interest is focused on the advertising of drugs directed to the medical profession-particularly the advertising of tranquilizing drugs. It is generally accepted that the medical profession, by virtue of its extensive scientific and medical training and experience is a highly sophisticated audience not easily misled by questionable advertising. However, we are informed by some physicians that in the last 20 years, and especially in the last 10, a virtual revolution has occurred in the drug field with the advent of hundreds of new and potent drugs for the treatment of human ailments. They contend that it has become increasingly difficult for the physician to keep abreast of the nomenclature and new drug developments in these many fields. Traditionally the medical profession and the drug manufacturers have comprised a joint effort in the fight against disease-the physicians applying evaluating the drugs manufactured by the drug industry. In this joint activity a great responsibility rests on the manufacturers to make their advertising and promotional literature as informative and objective as possible. Its merchandising standards must be those of the laboratory not of the market place. It appears that there have been departures by some drug firms from this plane. Their advertisements on occasion have been something less than scientific documents to guide the physician. 1 Our first witness is Dr. Nathan Kline, director of research, Rockland State Hospital, New York Department of Mental Hygiene. Both of our witnesses have been most helpful in preliminary exploritory and investigatory work on the part of the staff of the committee, and both witnesses have been subpenaed in this appearance. Dr. Nathan Kline, you are the first witness. I notice you have a prepared statement. Would you introduce yourself, and give a summary statement of your background, your field of professional work, and any additional material that may be put into the record? Mr. MEADER. Mr. Chairman, I notice he has a curriculum vitae here. Dr. KLINE. I was going to save running through my obituary by having it written out. If I may, I would like to submit that as exhibit A. Mr. BLATNIK. Without objection, it is so ordered. (Document referred to is as follows:) NATHAN S. KLINE, CURRICULUM VITAE PERSONAL HISTORY Born at Philadelphia, Pa., March 22, 1916, and raised in Atlantic City, N. J. Married June 1942 to Margot Hess of Elberfeld, Germany. One child, Marna Ellen, born April 1945 in New Orleans, La. Scholastic training 1934: Graduated high school, Atlantic City, N. J. Extra curricular activities included editorship of school magazine and yearbook, captaincy of debating team, presidency of literary society, and membership on tennis team. 1934-38: Swarthmore College; bachelor of arts degree with honors in the division of mathematics, and the natural sciences. Comajored in philosophy and psychology. 1938: University of Pennsylvania (summer session). 1938-39: Harvard University graduate student in the department of psychology, graduate school of arts and sciences. 1939: Harvard University (summer session). 1939-43: New York University College of Medicine (doctor of medicine, 1943). 1940-41: New School of Social Research; special courses in psychology. 1943-44: Washington School of Psychiatry courses. 1946-47: Princeton University; graduate work in the psychology department. 1947-48: Rutgers University; graduate course in neuropsychiatry. 1950-53: Clark University; graduate studies in psychology (master of arts in psychology, 1951). Licenses and certificates 1. State licenses: Maryland, February 1944; District of Columbia, May 1944, No. 782; New York, October 1946, No. 44877; New Jersey, September 1946, No. 12004; California, June 1949, No. C-12145; Massachusetts, May 1950, No. 22491. 2. Diplomate, American Board of Psychiatry and Neurology (in psychiatry, May 1948, No. 2934). 3. Qualified psychiatrist (New York State No. 1262). Positions 1943-44: St. Elizabeths Hospital, Washington, D. C.; intern and resident. 1944-46: United States Public Health Service; wartime service as psychiatrist. 1946-47: Union County Mental Hygiene Society's clinic; part-time child psychiatrist. 1946-50: Veterans' Administration hospital, Lyons, N. J.; supervision and carrying out of various research projects and assisting in the educational program. 1947-50: Columbia-Greystone; associate. 1948-50: New York State brain research project; associate. 1950-52: Worcester State Hospital, Worcester, Mass.; director of research. 1952 to present: Rockland State Hospital, Orangeburg, N. Y.; director of research. |