House H.R. 300 To prevent the adulteration, mis- Mr. Chapman; Committee on Interstate H.R. 3143 To amend the act creating the Federal Trade Commission, to define its powers. and duties, and for other purposes. Mr. Lea; Committee on Interstate and H.R. 5286 To prevent the adulteration and mis- cosmetics, and health devices in interstate, purposes of safeguarding the public health, Mr. Coffee of Washington; Committee on H.R. 5414 To amend the act entitled "An act for preventing the manufacture, sale, or transportation of adulterated or misbranded or poisonous or deleterious foods, Congressional Record Volume 81 Volume 81 Volume 81 Volume 81 House H.R. 5414 (continued) drugs, medicines, and liquors, and for regulating traffic therein, and for other purposes", approved June 30, 1906. Mr. Towey; Committee on Interstate and H.R. 5458 To amend the Pure Food and Drug Act by prohibiting the manufacture, transportation, and distribution of counterfeit drugs. Mr. Jenckes of Indiana; Committee on H.R. 5854 To amend the act creating the Federal Trade Commission to define its powers and duties, and for other purposes. Mr. Lea; Committee on Interstate and H.R. 7913 Congressional Record Volume 81 Volume 81 Volume 81 Volume 81 To amend the Food and Drug Act of Mr. Chapman; Committee on Interstate and Foreign Commerce, 7286. H. Res. 352 Requesting the Secretary of Agriculture Mr. Chapman; Committee on Interstate and Foreign Commerce, 102.--Reported back, considered, and agreed to, 134. Volume 82 6702 CONGRESSIONAL RECORD-HOUSE services rendered in connection with said claim, any contract to Page 1, line 6, strike out “$10,000” and insert “33,506," MAY 5 PUBLIC BILLS AND RESOLUTIONS Under clause 3 of rule XXII, public bills and resolutio were introduced and severally referred as follows: By Mr. GREEN: A bill (H. R. 12596) to refund taxes collected under the Kerr-Smith Tobacco Act; to the Committes on Agriculture. By Mr. SCHNEIDER of Wisconsin: A bill (H. R. 12587) The bill was ordered to be engrossed and read a third time, to authorize the Reconstruction Finance Corporation was read the third time, and passed, and a motion to recon-make loans secured by receipts on account of national for sider was laid on the table. est reserves, and for other purposes; to Caminittee Banking and Currency. ADVERTISEMENT OF DRUGS OR DEVICES By Mr. WALTER: A bill (H. R. 12508) horisin Mr. ANDREWS of New York. Mr. Speaker, I understand the Committee on Interstate and Foreign Commerce are giv-appointment of additional district Judges for the ing consideration to a bill (8.5) to prevent the adulteration, district of Pennsylvania, the eastern and western districts misbranding, and false advertising of food, drugs, devices, of Kentucky, district of Kansas, the eastern, northern, and cosmetics in interstate, foreign, and other commerce sub-western districts of Oklahoma, and the northern and ject to the jurisdiction of the United States, for the purposes ern districts of West Virginia; to the Committee of safeguarding the public health, preventing deceit upon the Judiciary. purchasing public, and for other purposes, which was passed last year. I ask unanimous consent to extend my remarks in the RECORD at this point by outlining four possible amendments to that bill. The SPEAKER. Is there objection to the request of the gentleman from New York? There was no objection. The matter referred to follows: SUGGESTED AMENDMENT TO PARAGRAPH (B), SECTION 601, PAGE 21, On page 21, section 601 (b), strike lines 18, 19, 20, 21, 22, 23, 24, and 25, and insert in lieu thereof the following: "Provided, That no advertisement of a drug or device shall be deemed to be false under this act it is disseminated only to members of the medical, pharmaceutical, or dental professions, or appears only in the scientific periodicals of these professions, or is disseminated only for the purpose of public-health education by persons not commercially interested, directly or indirectly, in the sale of such drugs or devices." REASONS WHY THE ABOVE AMENDMENT SHOULD BE ADOPTED Paragraph (b) of section 601, page 21, of S. 5, as it passed the Senate makes no distinction between advertising of a drug to the lay public and advertising the same to physicians and other professional men. Exactly the same test is set for advertising to the medical, pharmaceutical, and dental professions as is laid down for advertising to the laymen, which is unfair and unnecessary. Many new drug preparations advertised only to the professions named are being brought out each year and the advertising directed exclusively to members of the professions. In such cases, involving new preparations, it cannot be said that the representations made are supported by demonstrable scientific facts or substantial and reliable medical or scientific opinion, as required by the Senate bill. The members of the medical profession, for example, are compe tent to determine whether or not the particular preparation, with the composition of which they are familiar, may have the claimed effect when administered, and they desire to test out that effect in their own practice. They are not deceived by any "pumng" or seller's praise indulged in by the manufacturer of the drug or device, whereas the layman has no expert knowledge or criteria upon which he can form an opinion except the advertising, and therefore advertising to the layman should be subjected to more rigorous standards. By Mr. WELCH: A bill (H. R. 12599) to provide more adequate protection to workmen and laborers on projects, buildings, constructions, improvements, and property wherever situated, belonging to the United States of America by granting to the several States jurisdiction and authority to enter upon and enforce their State workmen's compensation, safety, and insurance laws on all property and premises belonging to the United States of America; to the Committee on Labor. By Mr. FISH: Joint resolution (H. J. Res. 580) to provide a medium for the adjudication of the remaining claims of American nationals against the Government of Germany, contemplated under the terms of the Treaty of Berlin, dated August 25, 1921; to the Committee on Ways and Means. By Mr. LANHAM: Joint resolution (H. J. Res. 581) to authorize the Secretary of War to lend War Department equipment for use at the Frontier Centennial to be held at the city of Fort Worth, Tex, from July 1, 1936, to November 1, 1936; to the Committee on Military Affairs. PRIVATE BILLS AND RESOLUTIONS Under clause 1 of rule XXII, private bills and resolutions By Mr. DUFFY of New York: A bill (H. R. 12601) granting an increase of pension to Sophia M. Webster; to the Committee on Invalid Pensions. Also, a bill (H. R. 12602) granting an increase of pension to Emma C. Andrews; to the Committee on Invalid Pensions. By Mr. THOMASON: A bill (H. R. 12603) for the relief of Anna L. Andreas and Anita Andreas; to the Committee on Claims. PETITIONS, ETC. Under clause 1 of rule XXII, petitions and papers were laid on the Clerk's desk and referred as follows: 10832. By Mr. KENNEY: Petition of the New Jersey Industrial Tramic League (150 traffic managers of the largest industries of northern New Jersey), favoring the passage of House bill 8980 and Senate bill 3379, also the proposed amendment to section 16-A of the Shipping Act of 1916 as contained in Senate bill 3467; to the Committee on Interstate and Foreign Commerce. 10833. Also, petition of the Akron section of the National Council of Jewish Women, urging the passage of the pure food and drug bill (S. 5) with elimination of the provision which permits a claimant whose goods have been seized to require trial in the court in his own district, elimination of the Bailey amendment, and retention of enforcement of the advertising provisions; to the Committee on Interstate and Foreign Commerce. 10834. Also, petition of the College Women's Club, of Wilkes-Barre, favoring Senate bill 5, the pure food and drug bill, with exception of the provision which allows a claimant [Omit the part struck through and insert the part printed in italic] AN ACT To prevent the adulteration, misbranding, and false advertising of food, drugs, devices, and cosmetics in interstate, foreign, and other commerce subject to the jurisdiction of the United States, for the purposes of safeguarding the public health, preventing deceit upon the purchasing public, and for other purposes. 4 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CHAPTER I SECTION 1. That this Act may be cited as the "Federal 5 Food, Drugs Drug, and Cosmetic Act." J. 62545-1 |