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Statements submitted by--Continued

Schwartz, Adolph K., on behalf of the Associated Drug & Chemical Page

Industries of Missouri, Inc., re H.R. 11581..
U.S. Trademark Association re H.R. 11581..

Additional data submitted for the record:

623

618

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Newspaper clipping "Advertising Drugs in a Cutback" by Peter

Bart from the New York Times, August 18, 1961..

Recommended amendments to sections 121-126 of H.R. 11581_.

Statement of principles of ethical drug promotion...

Comments on Testimony, H.R. 11581, Food and Drug Administration_
Connor, John T., suggested amendments to H.R. 11581.
Delaney anticancer clause, memorandum submitted by D. L. Bruner.
Dittrich, Frank F., pamphlet entitled "Essential Oil Association of
U.S.A., New York, N. Y.," representing the producers and distrib-
utors of essential oils..

Feeney, Dr. Robert J., suggested modifications, extension of certifica-
tion to all antibiotics_

570

263

408

545

425

Habberton, B. G., re interest of the dairy industry and its products
in the factory inspection provision of H.R. 11581..
HEW-

456

Examples of new drug applications that have become effective
even though some claims for effectiveness of the products are
questionable..

85

Ribicoff, Hon. Abraham-

Letter dated July 2, 1962 re White House letter to Senator
James O. Eastland.

74

Letter dated July 11, 1962, re regulation of drug advertising--

Inspection refusals-Federal Food, Drug, and Cosmetic Act, January

1962-June 15, 1962.

84

Jehle, Philip, State statutes having inspection provision for drugs.
Klumpp, Theodore G., M.D., biography..

527

229

Larrick, Hon. George P., Commissioner, FDA, "New Drugs for In-
vestigational Use," article in Federal Register of August 10, 1962-
Miller, Dr. Lloyd C., antibiotics in current use, with estimate of need
for FDA batch certification, etc, table

219

647

Scheele, Dr. Leonard A., excerpt from the Federal Register of August
10, 1962.

219

"Soviet and the American Pharmaceutical Systems: Some Paradoxical
Contrasts," by R. A. Bauer and M. G. Field.

344

White House letter to Senator James O. Eastland dated April 10,
1962_

74

Communications submitted to the committee Continued

Adamy, Clarence G., executive vice president, National Association
of Food Chains, letter dated August 28, 1962

Albanese, Anthony A., the Winifred Masterson Burke Relief Founda-
tion, letter dated August 28, 1962---

Page

639

653

Allen, John W., president, National Bakery Suppliers Association,
letter dated June 21, 1962.

668

Allport, Peter W., Association of National Advertisers, Inc., letter
dated August 28, 1962.

651

American Medical Association, letter to supplement comments of
August 29, 1962.

604

Anderson, Francis V., letter dated May 31, 1962.

675

Austern, H. Thomas, counsel, National Canners Association, letter
dated June 28, 1962.

637

Beesley, Eugene N., letter dated August 29, 1962 re expenditures of
Eli Lilly & Co. on advertising -.

186

Bishop, Wendell W., president, Mayonnaise & Salad Dressing Manu-
facturers' Association, Inc., letter dated May 29, 1962--
Brumburgh, Frank, assistant secretary, Felton Chemical Co., Inc.,
letter dated August 28, 1962

673

663

National Pecan Shellers & Processors Association, letter dated

May 31, 1962__

Pet Food Institute, letter dated May 31, 1962.

Calvert, G. K., Trappe Frozen Foods Corp., letter dated June 25, 1952
David, Dr. Norman A., professor of pharmacology, University of
Oregon Medical School, letters dated August 28, 29, 1962__
Dittrich, Frank F., president, Essential Oil Association, letter dated
August 28, 1962 with pamphlet attached.

667

703, 704

Emme, E. L., general manager, Godefroy Manufacturing Co., letter
dated June 18, 1962...

670

545

690

Epply, N. D., letter dated August 21, 1962-

639

Erickson, Dr. Donald J., president, American Congress of Physical
Medicine and Rehabilitation, letter dated May 31, 1962..
Evans, Ralph L., president, Sales Affiliates, Inc., letter dated July 11,

701

1962.

697

Gilman, Alfred, professor and chairman, Albert Einstein College of
Medicine, letter dated August 28, 1962___

654

Goodrich, Walker R., vice president-personnel, Seeman Bros., Inc.,
letter dated May 31, 1962__

674

Gripaldi, Benedict V., president, National American Cosmetology
Schools, Inc., letter dated July 5, 1962-

689

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Habberton, Benjamin G., letter dated August 23, 1962__.

Heckman, Jerome H., counsel for the Society of the Plastics Industry,
Inc., letter dated August 20, 1962.

670

Hitchner, L. S., president, National Agricultural Chemicals Association,
letter dated June 18, 1962__

702

Communications submitted to the committee

Continued

Hull, J. E., Manufacturing Chemists' Association, Inc., letter dated
August 29, 1962__

Page

652

Jones, L. Meyer, D.V.M., Ph. D., director of scientific activities,
American Veterinary Medical Association, letter dated August 24,
1962_

552

Kennard, William J., M.D., executive vice president, Aerospace
Medical Association, letter dated August 31, 1962.

662

Kerr, Francis C., executive director, Frozen Pea Council, letter dated
June 12, 1962_.

672

Kinney, H. S., Kinney & Co., Inc., letter dated June 18, 1962 –
Larrick, Hon. George P., Commissioner of Food and Drugs:

667

Additional comments, dated August 30, 1962.
Letter to Hon. L. H. Fountain dated May 10, 1962-

570

109

Levin, I., executive secretary, National Feed Ingredients Association,
letter dated August 16, 1962__

669

Martin, William, American Syrup & Preserving Co., letter dated
May 31, 1962.

Major, J. M., Jr., president, National Preservers Association, letter
dated May 31, 1962

674

671

Mayer, Leo, M.D., chairman, the Physicians Forum, Inc., letter dated
September 6, 1962, with attached statement_ - __

707

Miller, Lloyd C., Ph. D., director of Revision, U.S. Pharmacopeia,
letter dated August 24, 1962____

645

Mueller, Gerhard O. W., professor of law, New York University,
School of Law, letter dated June 26, 1962 –

665

Nickstadt, A. G., president, Noville Essential Oil Co., Inc., letter
dated August 28, 1962-

653

Porter, Pliny A., publisher, the Reuben H. Donnelly Corp., letter
dated August 22, 1962.

661

Rubenstein, Robert M., executive director and counsel, National
Fruit & Syrup Manufacturers Association, Inc., letter dated July
18, 1962.

647

Schieffelin, William J., III, president, Drug, Chemical & Allied Trades
Association, Inc., letter dated August 20, 1962.
Simmeau, Iris M., letter dated June 7, 1962..
Smith, William E., letter dated June 1, 1962.
Swearingen, Noble J., director, Washington office, the American Pub-
lic Health Association, Inc., letter dated August 21, 1962.
Todd, Paul H., Jr., president, Kalamazoo Spice Extraction Co., letter
dated July 5, 1962.

661

707

672

643

650

Upjohn, Harold L., M.D., the Upjohn Co., letter dated August 17,
1962.

705

Versis, A. S., Versis Foods, Inc., letter dated June 21, 1962-
Whitaker, Judith G., executive director, American Nurses' Associa-
tion, Inc., letter dated August 20, 1962.

701

669

White House letter to Senator James O. Eastland dated April 10,
1962__

74

Winebrenner, Wirt S., vice president, D. E. Winebrenner Co., Inc.,
letter dated May 31, 1962.

691

Young, C. R., secretary, the R. T. French Co., letter dated June 13,
1962

648

Young, J. Banks, National Cotton Council of America, letter dated
July 17, 1962__

700

Zeger, Paul E., vice president, finance and treasurer, Seeman Bros.,
Inc., letter dated May 29, 1962.

671

DRUG INDUSTRY ACT OF 1962

TUESDAY, JUNE 19, 1962

HOUSE OF REPRESENTATIVES,

COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE,

Washington, D.C.

The committee met, pursuant to notice, at 10:20 a.m., in room 1334, New House Office Building, Hon. Oren Harris (chairman of the committee) presiding.

The CHAIRMAN. The committee will come to order.

This morning the committee is meeting for hearings on two very important bills, and, two bills of wide interest, judging by the mail and telephone calls I received.

H.R. 11581 and H.R. 11582 were introduced by me on May 3, to give effect to a part of the President's message on consumer protection; that is, that portion of the message dealing with strengthening the regulatory authority with respect to food, drugs, cosmetics, and devices.

H.R. 11581, referred to as "Drug and Factory Inspection Amendments of 1962," proposes to authorize the Department of Health, Education, and Welfare, first, to issue regulations requiring drug manufacturers to maintain facilities and controls that will assure the reliability of their products; second, to require a showing that new drugs and biologicals are effective for their intended use as well as safe before they may be marketed; third, to withdraw clearances granted on new drugs when there is substantial doubt as to the drug's safety or efficacy; fourth, to require manufacturers to advise the Food and Drug Administration of clinical experience and reports of any adverse reactions to new drugs and antibiotics; fifth, to require the same safety testing and certification procedures for all antibiotics as are now applicable to only a few antibiotics; sixth, to assign generic names to drugs; seventh, to establish an enforceable system of preventing the illicit distribution of habit-forming barbiturates and amphetamines; and, eighth, to institute more effective factory inspection for all products subject to the act.

It would also authorize the Federal Trade Commission to require the disclosure of ingredients of prescription drugs, their efficacy and their adverse effects in advertisements directed to physicians.

H.R. 11582, cited as the "Cosmetics and Therapeutic Devices Amendments of 1962," would authorize the Department of Health, Education, and Welfare, first, to require a manufacturer of cosmetics to show that the products are safe before they may be marketed; second, to issue regulations requiring manufacturers of devices subject to the act to maintain facilities and controls that will assure the reliability of their products; third, to require the manufacturer of

1

devices to show that products are safe and efficacious before they may be marketed; and, fourth, to require appropriate cautionary labeling of hazardous substances or pressurized containers of articles subject

to the act.

This bill also provides that the anticancer clause in the food and color additive amendments to the act would not apply to additives used in feed for animals raised for food production where the chemical does not harm the animal and its use does not leave a residue in the edible products from the treated animal.

Copies of the bills along with agency reports may appear at this point in the record.

(H.R. 11581, H.R. 11582 and various agency reports are as follows:)

[H.R. 11581, 87th Cong., 2d sess.]

A BILL To protect the public health by amending the Federal Food, Drug, and Cosmetic Act to assure the safety, efficacy, and reliability of drugs, authorize standardization of drug names, establish special controls for barbiturate and stimulant drugs, and clarify and strengthen existing inspection authority with respect to any articles subject to the Act; and to amend related laws

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act, divided into titles and sections according to the following table of contents, may be cited as the "Drug and Factory Inspection Amendments of 1962".

TABLE OF CONTENTS

TITLE I-Drugs

PART A-AMENDMENTS TO ASSURE SAFETY, EFFICACY, AND RELIABILITY

Sec. 101. Requirement of adequate controls in manufacture.

Sec. 102. Premarketing showing of new drug efficacy.

Sec. 103. Records and reports as to experience on new drugs.

Sec. 104. Procedural changes as to new drugs, and additional grounds for withdrawal or suspension of approval of new drug applications.

Sec. 105. Certification of all antibiotics.

Sec. 106. Records and reports as to experience on antibiotics.

Sec. 107. Biological drugs.

Sec. 108. Effective dates and application of part A.

PART B-STANDARDIZATION OF DRUG NAMES

Sec. 111. Authority to standardize names.

Sec. 112. Name to be used on drug label.

PART C-SPECIAL CONTROL FOR BARBITURATE AND STIMULANT DRUGS

Sec. 121. Findings and declaration.

Sec. 122. Control of barbiturate and stimulant drugs.

Sec. 123. Prohibited acts.

Sec. 124. Grounds and jurisdiction for judicial seizure and condemnation.
Sec. 125. Application of State law.

Sec. 126. Effective date.

PART D-AMENDMENTS AS TO ADVERTISING

Sec. 131. Requirement of informative prescription drug advertisements.

TITLE II-CLARIFICATION AND STRENGTHENING OF FACTORY INSPECTION AUTHORITY Sec. 201. Factory inspection.

Sec. 202. Confidentiality of information obtained by inspection, etc.

Sec. 203. Effective date.

TITLE I-DRUGS

PART A-AMENDMENTS TO ASSURE SAFETY, EFFICIENCY, AND RELIABILITY

REQUIREMENT OF ADEQUATE CONTROLS IN MANUFACTURE

SEC. 101. (a) Clause (2) of paragraph (a) of section 501 of the Federal Food, Drug, and Cosmetic Act is amended to read as follows: “(2) (A) if it has been prepared, packed, or held under insanitary conditions whereby it may have been contaminated with filth, or whereby it may have been rendered injurious to health; or (B) if it is a drug and the methods used in, or the facilities or personnel or controls used for, its manufacture, processing, packing, or holding were inadequate (as determined in accordance with regulations promulgated by the Secretary on the basis of good manufacturing practice) (i) to insure that its identity and strength do not differ from, and that its purity, quality, and

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