Case 3. This was in all particulars the same as in the second case reported, except that the patient was a girl. In all three of these cases the patients were well known to me, and the observations noted are correct. We have this letter from a Chicago surgeon: As for Fleischmann's yeast, it is only an extraordinarily expensive protein food. An exposure of the methods used to secure the endorsements of European physicians and the inducement offered and the actual professional standing of many of these foreign "experts" and "specialists" would make a most amusing magazine article-he puts "experts" and "specialists" in quotation marks and will be written some day no doubt by some American newspaperman abroad, if he could find a suitable American publication not already too heavily subsidized by Fleischmann advertising. Another letter recently appeared in the journal of the American Medical Association on this subject, a doctor writing to the editor wanted to know if there was any fact to the widely advertised claim, supported by foreign medical authorities, which he puts in quotation marks, that yeast is beneficial in constipation and skin troubles, and the answer in part was: That it is of much value in other kinds of skin trouble, such as acne or furnunculosis is doubtful, as many patients who keep on suffering from these conditions in spite of liberal ingestion of yeast are willing to testify. That among the host of persons taking yeast a skin disorder clears up occasionally is not surprising. The association might be entirely accidental. Finally, here is what Dr. Montague says about it: Yeast is a micro-organism which can, under certain conditions, give rise to disease in human beings. Some cases of this kind are on record in the medical journals, so it is wise not to accept wholly the claims made in the advertisements to the effect that yeast is harmless. We all agree that it has virtue in remedying certain cases of constipation where there has been a deficiency of the vitamin B. The laxative action which accompanies the continued feeding of yeast cells is due partly, however, to the fact that they add considerable bulk to the bowel material, and, hence, stimulate the intestines to contract. But on the whole yeast is an unreliable laxative. There are many people in which the feeding of yeast causes the production of irritating byproducts and an actual unhealthy frequency of bowel movement. Then, too, there are cases in which it gives rise to tremendous flatulence, due to the formation of gas. Mr. CHAIRMAN. Not all advertisements are dangerous to health as those which I have just read are, in my opinion, but a very, very great proportion of all other advertising for drug and cosmetic products and for food products for which any health claims are made is false and is an attack on the pocketbook of the consumer. As I said before, and I need not say it, because I am sure you all know it, no one knows of any remedy for colds. They may be relieved slightly, and the discomfort, perhaps, can be relieved slightly, but none know what to do for a cold, and yet here we find Bayer's aspirin advertising how to relieve a cold quick as you caught it, and in their cartoon, which is the latest and most profitable apparently of the advertising techniques, they give the impression that by taking Bayer's aspirin liberally the cold is going to go away in one single day. And similarly Vapex. I do not doubt that Vapex is good to relieve congestion of the nasal passages, but that is not enough for these advertisers, they are not going to cheat the public sufficiently if that is all they advertise it for, so they say: No longer a victim of colds since he discovered this easy vaportent way to clear them up. Also, in the advertisement they say Vapex is a famous war-time discovery now used by millions of intelligent people who refuse to dose themselves. These things are all famous discoveries. Let us see what the American Medical Association says about this famous discovery. Vapex had a somewhat mystical, war-time origin. Certain chemists in a plant engaged in important experiments for the British Government were found to be unaffected by influenza which struck heavily among the workers in other departments of the concern. This gave rise to the belief that the products with which they were experimenting had in some way protected them, and so with scientific insight they decided that an important medical discovery had been made. Unlike medical scientists, however, they did not publish their findings to the world in the journals of their profession, but. kept the method of making the product a secret. The composition of Vapex is probably not of very great importance, but various tests have been made in Holland and in this country. A substance very similar to Vapex in physical and chemical property may be made accord. ing to the following very simple formula: Menthol__. Oil lavender flowers__ grams 15 cubic centimeters 15 -_do____ 100 Mr. Chairman, so far my remarks with relation to advertising have dealt with companies which make no pretensions to being in business, that is, they make no pretensions whatsoever, outside of such hearings as this, to be in business for the welfare of the public. They are in business for profit and everybody knows it, but, the same thing, though to a lesser degree is true of the so-called "ethical companies", or, at least, it is true of many of them. Here, for example, is an advertisement of Squibb's dental cream. "Do not be satisfied with one fifth in dentrifices ", and it gives at least five ways that Squibbs dental cream can do various and sundry things. In Drug and Cosmetic Industry for December 1933 we read, "A.D.A., that is the American Dental Association, omits from accepted remedies Squibb's dental cream, because E. R. Squibb & Sons advertise Squibb's dental cream to the public and to the profession with therapeutic claims in conflict with the liberal provisions of the council for dentrifices. The seal of approval is also withdrawn from Pebeco toothpaste, but everyone knows what Pebeco is. The current papers also carry advertising for Squibb's Adex. Here is a typical advertisement: Everyone has cause to fear exposure, but more than most people with low resistances, and everyone, not alone children and invalids, but everyone is advised to take Squibb's Adex to build up resistance. I would like to read a statement made by the Consumers' Research a statement that had the approval of physicians before being published. There is no scientific proof at this time of writing that it is necessary and desirable for active, healthy adults, other than pregnant women, to add to their digestion artificially supplied stimulants. We have a letter in our files from the American Medical Association that indicates that they certainly do not approve of this mess of ethical companies advertising for Squibb's dental cream. Senator HEBERT. Where did you say that came from? Mr. KALLET. This is an advertisement that appeared in the New York Times of November 9, 1933. The statement I read about it comes from a publication of Consumers' Research, Inc. Senator HEBERT. What is the Consumers' Research? Mr. KALLET. That is the organization I represent. It is an organization of 50,000 consumers. Senator HEBERT. How is that made up? Mr. KALLET. I beg pardon. Senator HEBERT. How is that made; how is that organization made up? Mr. KALLET. The Consumers' Research issues publications telling by brand name what products are good and what products are not to be recommended, and the organization is supported solely by the $2 subscription to this service. Senator COPELAND. That is, it has subscribers? Mr. KALLET. It is a nonprofit organization. Mr. KALLET. Fifty thousand. Senator HEBERT. Then you have an income of $100,000? Senator HEBERT. A year? Mr. KALLET. That is right. Senator HEBERT. Who composes the organization? Where does its money go to? Mr. KALLET. It goes chiefly into publishing, most chiefly for printing and for postage. Senator HEBERT. How is the organization made up? Mr. KALLET. There is a small technical staff, a total staff of 25, mostly clerical. The technical work is done to a very large extent by outside consultants, physicians and engineers, people in the Government service, and others who are absolutely impartial, who are not tied with any commercial interests, and whose judgment therefore would not be biased. Senator HEBERT. Is it an incorporated concern? Mr. KALLET. Yes; it is incorporated. Senator HEBERT. Does it have stockholders? Mr. KALLET. No; it does not; it is nonprofit. Senator HEBERT. How is the membership arranged? Do all these people who give $2 a year become members? Mr. KALLET. They become subscribers. Senator HEBERT. They are not members? Mr. KALLET. No; they are not members; they are subscribers. Mr. KALLET. Mostly by word of mouth. Senator HEBERT. You mean by word of mouth they come in and elect you president, that you are president, or whatever you are! Mr. KALLET. No, no. The officers are elected by the board of directors and by members of the corporation. Senator HEBERT. How are the board of directors chosen? Mr. KALLET. The board of directors is chosen by the members. Senator HEBERT. How are the members chosen? Mr. KALLET. The membership is largely self-perpetuating. It consists of public-spirited people. Senator HEBERT. That is not what I asked you. I asked you how they were chosen. Mr. KALLET. They were chosen originally by the organizers and the subsequent members are chosen by the board of directors. Senator HEBERT. Your subscribers have nothing to do with that? Mr. KALLET. No; they have not a thing to do with that. Senator HEBERT. Your board of directors are the guiding spirit in fixing the policies of the organization? Mr. KALLET. That is right. Senator HEBERT. They direct what shall be sold to the subscribers? Mr. KALLET. That is right. Not one of them draws a cent from the organization. Senator HEBERT. What is that? Mr. KALLET. Not one of them draws a single penny from the organization. Senator HEBERT. The only ones who draw anything are those who get salaries? Mr. KALLET. That is right. Senator HEBERT. How many in the organization receive salaries? Mr. KALLET. There are 25 members on the staff. Senator HEBERT. What is your position? Mr. KALLET. I am secretary. I am on the pay roll of the organization only for the period of these hearings. I am an officer but not on the staff. Normally I do not draw any salary from the organization. Senator HEBERT. You are secretary without a salary? Mr. KALLET. Yes. Senator HEBERT. You have no income from the organization at all? Mr. KALLET. None whatsoever. Senator HEBERT. Not even for coming here? Mr. KALLET. My expenses for the period of this hearing are paid by the organization, to represent them. Senator HEBERT. Do you have any other occupation than being secretary of this organization? Mr. KALLETT. Well, Mr. Chairman, I had until the last hearings when, as a result of my appearance there, my occupation ceased. Senator HEBERT. What were you doing besides being secretary of this organization? Mr. KALLET. I edited a technical publication, a technical magazine. Senator HEBERT. A trade journal? Mr. KALLET. Yes. I was speaking of the activities of the so-called "ethical companies ", and I would like to read a part of the letter from a man who was for over 10 years an official of an ethical pharmaceutical company. I cannot reveal his name, because he said it would do him great injury and might result in the loss of his position. He says: Twenty-five years ago they Referring to his company— became active in the promotion of fake medical companies for profit, that they might secure the order for making their goods, and the stories I could tell you about these companies and their connection with them as stockholders would make your hair crawl. Since then they have grown enormously rich and are still promoting the sale of a large list of remedial agents, which are, probably 95 percent of them, valueless or harmful. I should like also to read, bearing on the same subject of the ethical companies, and I bring this in, because I feel that any law which will impose strict regulation on food and drug manufacturers will do no undeserved hardship even to these so-called "ethical companies." Senator HEBERT. You have been discussing these various bills. You are familiar with all of them. There have been three, I understand, three different versions or two, haven't there? Mr. KALLET. Three; yes. Senator HEBERT. You are familiar with the contents of all of them? You have familiarized yourself with the provisions of all of them? Mr. KALLET. I am fairly familiar with the first and the second, and fairly familiar with the third. Senator HEBERT. Now, then, have you in mind, beyond what you say about these advertisements of sure cures for everything under the sun-what provision have you worked out that you would like to have introduced in this measure? Mr. KALLET. I will come to that later. May I? I will cover that. Senator HEBERT. That is what we are interested in. Mr. KALLETT. I will cover that. I would like to read one more excerpt from the Journal of the American Medical Association bearing on the question of the ethical pharmaceutical companies. This is from an article The Rule of Pharmacology in the Development of Ideal Anesthesia. It is by C. D. Leake, Ph.D.: As an example of gross commercial exploitation in this field, combinations of barbiturates in fixed proportions with amidopyrine (allonal, cibalgin and praminal) may be mentioned. In spite of direct pharmacologic evidence of the danger of such mixtures since the analgesic or component is excreted more rapidly than the hypnotic, so that cumulative barbital poisoning is possible on repeated administration, they remain successful. Unfortunately, commercial considerations have largely dominated this field so that proper pharmacologic data in new drugs, especially relating to toxicity and efficiency in comparison with related or commonly used agents have not usually been furnished physicians to enable them to judge whether or not the new drugs are worthy of clinical use. Lowenhart proposed a cooperative therapeutic institute for obtaining data of this sort under ideal conditions but unfortunately commercial houses were unwilling to establish and support it. Mr. Chairman, to my mind, one of the most dangerous tendencies in advertising, I should say, in publishing, is the attempt to deceive the consumer made by the magazine or newspaper which says that it sponsors its advertising, that it investigates products to see that the claims made are proper. I wish to read a statement to that effect |