SUBCOMMITTEE OF THE GOVERNMENT OPERATIONS. EIGHTY-FIFTH CONGRESS 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 78 115 Anderson, Sigurd, Commissioner, Federal Trade Commission: Excerpt from Associated Press release re drugs... 102 Excerpt from "out of context quotation" involving a drug being Excerpt from statement.. 102 Blatnik, Hon. John A., a Representative in Congress from the State of Minnesota, and chairman, Legal and Monetary Affairs Subcom- Excerpt from an editorial by Dr. Joseph Garland, editor of the New England Journal of Medicine, entitled, "Editorial Respon- Excerpt from the New York Academy of Medicine report on advertising of tranquilizing drugs____ 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.- 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, 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 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, Exhibit 10A-Statement of Dr. Frederick F. Yonkman, vice president in charge of research of CIBA Pharmaceutical Products, Inc. Exhibit 10B-Statement of Dr. Robert H. Felix, Director, National Institute Exhibit 13 Letter dated March 5, 1958, from Dr. Albert H. Holland, Jr., Exhibit 14B-Interview with Dr. Robert H. Felix, Director, National Insti- tute of Mental Health, pages 62-72, U. S. News & World Report, June 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 preparationsthat 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 |