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CONTENTS

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73

Statement of—

Anderson, Sigurd, Commissioner, Federal Trade Commission; ac-

companied by Commissioner Edward Tait; Earl Kintner, General

Counsel; Harry Babcock, Director, Bureau of Investigation;

Horatio Wales, chemist, Division of Scientific Opinion, Bureau of

Investigation; and Alex Akerman, Executive Director..

Goff, Abe McGregor, General Counsel, Post Office Department; ac-

companied by William C. O'Brien, Assistant General Counsel,

Fraud and Mailability Division; and William F. Callahan, Chief,

Mail Fraud Investigations__

Hirsh, Leon, M. D., Cincinnati, Ohio.
Kalb, Dr. S. William, Newark, N. J..
Larrick, George P., Commissioner, Food and Drug Administration,
Department of Health, Education, and Welfare; accompanied by
Dr. Peter Farago, Deputy Medical Director, Food and Drug Ad-
ministration_ .

Russ, Maye, director, Food, Drug, and Cosmetic Division, National
Better Business Bureau_

Letters, statements, etc., submitted for the record by-

Anderson, Sigurd, Commissioner, Federal Trade Commission:

Excerpt from Federal Trade Commission order re Ayds reduc-
ing plan___

Excerpt from House Appropriations Subcommittee report_ _

Excerpt from section 5 of the Federal Trade Commission Act..

Statement Elapsed time in investigation and litigation of cases

in the Federal Trade Commission__.

Blatnik, Hon. John A., a Representative in Congress from the State

of Minnesota, and chairman, Legal and Monetary Affairs Subcom-

mittee:

Excerpt from language on box of Ayds_--

Excerpt from newspaper advertisement of RDX tablets_

Excerpt from Postmaster General's release of May 12, 1957--

Excerpt from statement of the Postmaster General re promoters

and quacks--

Newspaper

advertisement-No-Diet

Reducing (Regimen-

Tablets)

12, 19

Hirsh, Leon, M. D., Cincinnati, Ohio: Excerpt from the Chicago

American advertising Regimen.

60

Johnson, Curtis E., staff director, Legal and Monetary Affairs Sub-

committee: Excerpt from statement of Miss Maye Russ

Kalb, Dr. S. William, Newark, N. J.: Excerpt from newspaper

advertisement-No-Diet Reducing (Regimen-Tablets)

82

13

Larrick, George P., Commissioner, Food and Drug Administration,
Department of Health, Education, and Welfare:

Definition of labeling under the Federal Food, Drug, and Cosmetic
Act of 1938_.

Excerpt from decision of the Seventh Circuit Court of Appeals,
February 15, 1946, re Ayds. -

Excerpt from labeling of one of the largest reducing products.
O'Brien, William C., Assistant General Counsel, Fraud and Mail-
ability Division, Post Office Department: Statement. -

Plapinger, Jerome S., counsel, Legal and Monetary Affairs Subcom-

mittee:

Advertising claims of weight reducing drugs_

Excerpt from advertising of RDX tablets..

Letters, statements, etc., submitted for the record by-Continued

Plapinger, Jerome S., counsel-Continued

Newspaper advertisement of RDX tablets.

Excerpt from label on Regimen tablets__

Excerpt from release of the Department of Health, Education,

and Welfare Administration Information of Letter No. 337,

January 28, 1957. PLLTAL

Excerpt from section 55 of title 15 of the United States Code. 131, 132

Russ, Maye, director, Food, Drug, and Cosmetic Division, National

Better Business Bureau:

Advertisements claiming treatment for arthritis, rheumatism,

etc.

TR-34 offered by the North American Stevens Corp..

Advertisement of Fisk Research, Inc., January 1957 (see exhibit

3).

Caution notice required by the Food and Drug Administration__

Caution warning for use of tranquilizers:

Orbacine..

Paradorm....

Excerpt from advertisement of Nutrition Product Co.'s Curb-
wate_

Excerpt from advertising for prescription 812 distributed by
Lloyd-Owens Drug Co., January 1957...

Excerpt from a radio advertisement for a product called 7-Day
Reducer__

Excerpt from claim of Deltron Formula, or Formula X-42.
Excerpt from claims of Hungrex, November 1956 (see exhibit 5)_
Excerpt from claims of North American Stevens Corp., October
1956_-

Excerpt from direct mail advertisement for a reducing wonder
drug___

Excerpt from the 1956 edition of New and Nonofficial Remedies,
a publication sponsored by the American Medical Association_
Excerpt from the Rhodes Pharmacal Co. advertisement of
Trimet.

Excerpts from advertisements of the Wonder Drug Corp., pro-
moting mail-order sale of Regimen tablets, January 1957
(see exhibit 3).

Notice by Alleghany Pharmacal Corp.

APPENDIX

Exhibit 1. The Effect of Amphetamine Sulphate, Phenylpropanolamine

Hydrochloride, and Phenylpropanolamine Hydrochloride in Combina-

tion With Sodium Delvinal on the Appetite of Obese Patients, by S.
William Kalb, M. D., Journal of Medical Society of New Jersey
(1942, p. 584)_.

38

38, 39

33

37

Exhibit 2. Controlling Appetite in Obesity, by Leon S. Hirsh, M. D.,

Journal of Medicine (April 1939, p. 84) .

142

Exhibit 3. Service bulletins of the National Better Business Bureau, Inc.,

New York, N. Y.:

Exhibit 3A. No. 1567, dated September 7, 1956, on "CCP," the

Pioneer Drug Co., Inc.---

143

Exhibit 3B. No. 1573, dated November 1, 1956, on "EEDR," Otis

Laboratories, Inc..

144

Exhibit 3C. No. 1589, dated March 1, 1957, on phenylpropanolamine

hydrochloride as a "no diet wonder drug for reducing"

150

Exhibit 3D. No. 1593, dated March 14, 1957, on ND-17, Fisk

Research, Inc_ _

153

Exhibit 3E. No. 1603, dated May 29, 1957, on Regimen tablets, Won-

der Drug Corp--

155

Exhibit 4. Reducing Appetite in Treating Obesity; A Rational Use for

Phenlypropanolamine Hydrochloride, by Leon S. Hirsh, M. D., Ohio

State Medical Journal (1940, p. 742) --

Exhibit 5. Sample of advertising of Hungrex, Allegheny Pharmacal Corp--

161

164

APPENDIX-Continued

Exhibit 6. Sample of advertising of Deltron, Deltron formula..

Exhibit 7. Service Bulletin No. 1554, dated May 31, 1956, of National

Better Business Bureau, Recommended Minimum Standards for the

Advertising and Selling of Alleged Weight Reducing Products Involving

"Plans"

Exhibit 8. Comments of the Post Office Department concerning suggested

legislation to strengthen Federal enforcement action__

Exhibit 9. List of enterprises selling obesity treatments involved in pro-

ceedings pending in the Post Office Department _ -

Exhibit 10. Press release No. 90 of the Post Office Department dated

May 12, 1957, on medical frauds_.

Exhibit 11. Rules of practice of the Post Office Department in proceedings
under the Administrative Procedures Act, amended effective May 17,
1954_.

Exhibit 12A. Affidavit of discontinuance used in mail-fraud proceedings..

Exhibit 12B. Form of order used in mail fraud proceedings.

Exhibit 13. Administration Information letter No. 337 dated January 28,

1957, of the Food and Drug Administration re discussion of phenyl-

propanolamine hydrochloride (propadrine hydrochloride) as an appetite

depressant.

Exhibit 14. Press release of the Federal Trade Commission dated June 9,

1954, subject: Working Agreement Between FTC and FDA, with

agreement attached..

Exhibit 15. Complaint and findings of the Federal Trade Commission and

decision of the Circuit Court of Appeals, dated February 15, 1946, in the

matter of Carlay Co. (Ayds) -

Exhibit 16. Comments of the Federal Trade Commission concerning legis-

lative proposals to strengthen Federal enforcement action_.

Exhibit 17. Time schedule in connection with Federal Trade Commission

enforcement actions__.

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Exhibit 18. Lists of products which Post Office Department has barred

from using of the mails as a result of affidavits of discontinuance or

mail-fraud orders (1955-57).

213

Exhibit 19. Statement by Thomas O'Malley, president, Life Research

Corp., of Chicago, Ill., with attachment__

213