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Sunday, April 17, 2011

Harvey Wiley- Resume 1915



http://books.google.com/books?id=9aU0AAAAMAAJ&pg=PA175&lpg=PA175&ots=QdfQKGVcTg&dq=Wiley+Cosmos+Club&output=text#c_top

May 23, 1915.

DR. HARVEY W. WILEY.

Dr. Harvey W. Wiley, known nationally as "the pure food man," was born in Kent, Indiana, October 18, 1844. His mother, Lucinda Weir Maxwell, was a granddaughter of Bezaleel Maxwell. She married Preston P. Wiley on March 1, 1832. Of this union seven children were born, of which one, Samuel Maxwell, died in infancy.

The subject of our sketch received his early collegiate training at Hanover College, from which institution he graduated with the A. B. degree in 1867, receiving the degree of A. M. there in 1870. He studied medicine with Dr. S. E. Hampton, of Milton, Kentucky, and entered the Medical College of Indiana at the beginning of the term, 1869, graduating there in 1872. In 1873 he graduated from Harvard and was appointed professor of Medical Chemistry in the college. He discharged the duties of this office until the fall of 1878. From the time of organization until February, 1915, a period of nine years, he served on the Council of Pharmacy and Chemistry of the American Medical Association. Doctor Wiley is a member of the Medical Society of the District of Columbia, of the American Medical Association, of the American Public Health Association, of the American Pharmaceutical Association, and of the American Therapeutic Society, of which he was president in 1910-11. He says his services to medicine have been honored more in the breach than in the observance, as he has never practiced.

Besides the collegiate degrees already mentioned, he received the B. S. degree from Harvard in 1873. The following honorary degrees have been conferred upon him: Ph. D., Hanover, 1876; LL. D., Hanover, 1898; LL. D., University of Vermont, October 12, 1911; D. Sc., Lafayette College, Easton, Pennsylvania, June 19, 1912.

His activities as a medical scientist and chemist have been based upon a long experience as a teacher. From 1867-1870 he was professor of Latin and Greek at Butler College. In 1871 he taught science in the Indianapolis High School. In 1874 he was professor of Chemistry at Butler. And from 1874-1882 he was professor of Chemistry at Purdue and State Chemist of Indiana. He taught in George Washington University, 1899-1914, as Professor of Agricultural Chemistry, and held the position of Consulting Professor of Food Chemistry in the Polytechnic Institute of Brooklyn in 1905. From 1884 to 1912 Doctor Wiley was secretary of the Association of Official Agricultural Chemists.

It was as Chief Chemist of the United States Department of Agriculture (1883-1912), and while Chairman of the Board of Food and Drug Inspection (1907-1912), that he gained a name and national prominence in his relentless stand against food adulteration. Through experimentation and other methods he convinced the public mind that many foods were being treated with drugs, such as sodium benzoate, that were harmful as preservatives. The manufacturing interests financially involved went after Doctor Wiley, and a fight, very interesting to the general newspaper reading public, resulted. But right is right if might is might, and right and Doctor Wiley won, because the contest was to uphold a principle that was for the public weal—pure food. He was heartily supported by the women's clubs, the medical profession and the public at large.

Doctor Wiley has thrice been a member of Juries of Awards at the world's expositions—in 1893 at the Chicago World's Fair; at the Paris Exposition in 1900; and at the Jamestown Exposition in 1907. He has served as United States delegate to the Third International Congress of Applied Chemistry at Vienna, in 1898; to the Fourth Congress in Paris, 1900; to the Fifth Congress in Berlin, 1903; to the Sixth Congress in Rome, 1906; and to the Seventh Congress in London, 1909, when he acted as Chairman of the American Committee.

In 1908 he was Honorary President, Premier Congres International pour la Repression des Fraudes Alimentaries et Pharmaceutiques, Geneva; and in 1909, Corresponding Member for the United States, Societe Universelle de la Crois-Blanche de Geneva. He has three times received decorations: Chevalier Merit Agricole, 1900; Chevalier, Legion d'Honneur, 1909; Elliott Cresson Medal of Franklin Institute, 1910.

A member of twenty-two scientific societies and an honorary member of fourteen institutes and societies, one would hardly expect Doctor Wiley to be much of a club man. Yet he belongs to no less than six: The Chemists' Club of New York, the Chevy Chase Club of Washington, D. C, the Franklin Inn Club of Philadelphia, the Harvard Union of Cambridge, the National Press Club of Washington, D. C, and the Cosmos Club of Washington, of which latter he was president in 1910-12.

Along with many other activities, Doctor Wiley has found time to write books and articles for the magazines. He is contributing editor to Good Housekeeping Magazine. A book on Foods and'Their Adulteration, published by P. Blakiston's Son and Company, Philadelphia, comes from his pen. He has also produced a standard work, in three volumes, on the Principles and Practice of Agricultural Analysis (The Chemical Publishing Company of Easton, Pennsylvania). The Lure of the Land is published by the Century Company of New York.

Though Doctor Wiley retired from public life in 1912, he has not lost interest in public affairs. He is now president of the United States Pharmacopoeial Convention, 1910-15, which is preparing the ninth decennial volume of the United States Pharmacopoeia. He is president of the Citizens' Committee of One Hundred, charged with the safeguarding of the interests of the citizens of Washington against unfair fiscal legislation. He is president of the Mouth Hygiene Association of the United States, looking after the care of the teeth of the nation. He is president of the Columbia Hospital for Women, which is a National Hospital created by the Congress and conducted by a board of trustees consisting of Senators, Representatives and citizens. For the past three years he has been connected with the Redpath Chautauqua and Lyceum Service and has given over three hundred lectures in all parts of the United States. He is a director of one of the largest banks in Washington and personally looks after extensive business interests. He is also a trustee of Hanover College, to which he has made large financial contributions.

On February 27, 1911, Doctor Wiley was united in marriage to Miss Anna C. Kelton, daughter of Major-General John C. Kelton, U. S. A., and Josephine Campbell Kelton. Two children have been born to them: Harvey W. Wiley, Jr., born May 16, 1912, and John Preston Wiley, born February 27, 1914.

Since 1912 Doctor Wiley has spent a large part of his time lecturing, writing, and enjoying himself as a farmer. He owns a plantation in Loudoun County, Virginia, not far from the site of the old home of his great grandfather, Bezaleel Maxwell.


http://books.google.com/books?pg=PA1099&lpg=PA1099&dq=Cosmos%20Club%20Knights%20Harvey%20Wiley&sig=0PSObeUidSUEm9CvW8gkz7AkjxY&ei=3fGcTZOfEcP00gHThq2oDA&ct=result&id=I-wRAAAAYAAJ&ots=_0cB8tJ09t&output=text

WILEY, Harvey Washingtoni

Agricultural and Food Chemist. Born In Kent County, Indiana, Oct. 18, 1844; son of Preston P. and Lueinda Weir (Maxwell) Wiley. Educ. Hanover Coll., 1863-67; Indiana Medical Coll., 1871; Lawrence School of Harvard Univ., 1872-73. 187879 studied in Germany. A.B., Hanover, 1867. A.'M.. 1870; M.D., Ind. Med. Coll., 1S71; B.S., Harvard. 1873; Ph.D., Hanover, 1S7G; LL.H., Hanover, 1898. State Chemist of Ind., 1881-83; Chief of the Division of Chemistry, 1901—date. Pres. Section C, Assoc, for Advancement of Science, 1886; General Secretary. 1891. Delegate from U S to second, third, fourth, and fifth meetings of the International Congress of Applied Chemistry Member of the Jury of Awards at the Universal Expos at Paris, 1900 Author of: Foods and Their Adulterations," etc. Decorations: Chevalier, Merlte Agrlcnle, 1900; Chevalier, Legion d'Honneur, 1909, etc. Member of: Chemist Club, N.Y.; Chevy Chase Club; Cosmos Club; Nat. Press Club, Wash., and a great many other clubs and societies. Married, Feb. 27, 1911, Anna Campbell Kelton. Home address: 1848 Biltmore St., N.W., Washington, D.C. Business: Bureau of Chemistry, U.S. Dept. of Agriculture, Washington, D.C, U.S.A. WILEY,

Saturday, April 16, 2011

The Post 1906 Demise of U.S. Coca


The last bottle of Vin Mariani in the United States?

Yes, Coca was technically legal under the 1906 U.S. Pure Foods and Drugs Act.

That act did not even mention Coca, and only mentioned cocaine (but neither caffeine or nicotine)in its list of substances that had to be labeled.

Theoretically then, sale of products as Vin Mariani should have continued, whether as a food or drug, though with proportion of cocaine alkaloid clearly labeled.

But it gave the U.S.D.A. the power to ban the sale of what it termed dangerous to the public health substances in foods.

This power required NO justification upon scientific objectivity. The U.S.D.A. was free to simply declare a substance dangerous and or deleterious to human health, with the accompanying charge that a substance had to be restricted because it was 'habit-forming' - a set of concerns belying this Act's MERCANTILIST nature as an extension of the U.S.D.A.'s mission to promote U.S. domestic agriculture, along with the 1906 Act's cute exemption of such, namely Tobacco, from the jurisdiction of this new powers of the USDA- now banned from even regulating Tobacco, yet empowered to declare it potential competitors 'dangerous' and thereby illegal.

Harvey Wiley went after Coca products sold as foods -- primarily beverages -- with prosecutions of manufacturers for 'adulteration' for containing cocaine, under the 'reasoning' that the cocaine alkaloid was dangerous to human health- never mind the lack of any showing for the dilute amounts contained within Coca. This was whether or not the product was so labeled, even for things obviously containing it, as Coffee contains caffeine, clearly labeled as Coca products; because Wiley simply declared cocaine to be so dangerous as to automatically render the product "adulterated.".

Wiley's USDA-AMA-APhA clique went after the use of Coca products as OTC drugs by campaigning with 'model legislation' campaigns to the various State legislatures to get them to make products as Vin Mariani prescription only, that rested upon a negative spin upon bulky herbal based preparations as Vin Mariani as "nostrums" -- after all concentrated pharmaceuticals, pills where more profitable per truckload. And they bragged about it, even as cocaine use shifted towards more concentrated modes available on the black market..

The Coca manufacturers responded by retreating- betraying their righteous stance that Coca was not concentrated cocaine as any sort of substance of abuse, by acting as if they had something to be embarrassed about by cocaine's mere presence- creating a false look that they had something they had to hide.

Vin Mariani followed what Coca Cola did a few years earlier- removing the cocaine alkaloid. This would keep it legal, though neutered, provided it was not sold as a medicine- (Connecticut after 1907 charge of misbranding)

The prescription requirement -- non refillable -- was of course a suicide requirement, like insisting upon a doctor's visit for a cup of coffee.

Wiley would push for laws banning the other major Coca alkaloids, and write the term 'coca leaves' into the new legislation, pushed through 1912 and by 1914 becoming the Harrison Narcotics Act.


Friday, April 15, 2011

Wiley's Subversion of Our Freedom of Medicine & Diet- Key Points


place a negative spin upon bulkier dilute herbal preperations- pills are more profitable

get a law with an unequal protection under the law- some drugs bad others too entrenched to be restricted

get a law giving the power to unilaterally declare a substance bad to the USDA, while of course exempt the major agricultural commodity of Tobacco

declare cocaine bad without any science, confusing acute toxicity of concentrated forms of the drug with chronic use of dilute versions

get cocaine out of foods as adulteration- regardless of whether labled; Wiley also tried this unsubstantiated position against against caffein in coca cola.

get cocaine out of 'proprietary' medicines- badmouth it as bad, push non-refillable prescription requirments at the State legislatures and ultimately the U.S. Congress.

Thursday, April 14, 2011

Wiley's Great American Fraud of Confusing the Public

between the concentrated dosing of the catarrh powders with the dilute of beverages such as Vin Mariani


Blur Concentrated Dosing of Catarrh Powders with 'Nostrums' as Vin Mariani

Published as "The 'Nostrum' Evil" in Collier's Weekly, October 7, 1905

There is but one safeguard in the use of these remedies; to regard them as one would regard opium, and to employ them only with the consent of a physician who understands their true nature. Acetanilid has its uses, but not as a generic painkiller. Pain is a symptom; you can drug it away temporarily, but it will return, clamoring for more payment, until the finnl price is hopeless enslavement. Were the skull and bones on every box of this class of poison the danger would be greatly minimized.

With opium and cocain the case is different. The very words are danger signals. Legal restrictions safeguard the public, to a greater or less degree, from their indiscriminate use. Normal people do not knowingly take opium or its derivatives except with the sanction of a physician, and there is even spreading abroad a belief (surely an expression of the primal law of selfpreservation) that the licensed practitioner leans too readily toward the convenient narcotics.

But this perilous stuff is the ideal basis for a patent medicine because its results are immediate (though never permanent), and it is its own best advertisement in that one dose imperatively calls for another. Therefore it behooves the manufacturer of opiates to disguise the use of the drug. This he does in varying forms, and he has found his greatest success in the "cough and consumption cures" and the soothing syrup class. The former of these will be considered in another article. As to the "soothing syrups," designed for the drugging of helpless infants, even the trade does not know how many have risen, made their base profit, and subsided. A few survive, probably less harmful than the abandoned ones, on the average, so that by taking the conspicuous survivors as a type I am at least doing no injustice to the class.

Some years ago I heard a prominent New York lawyer, asked by his office scrub woman to buy a ticket for some "association" ball, say to her: "How can you go to these affairs, Nora, when you have two young children at home?"

"Sure, they're all right," she returned blithely; "just wan teaspoonful of Winslow's an' they lay like the dead till mornin'."

What eventually became of the scrub woman's children I don't know. The typical result of this practice is described by a Detroit physician who has been making a special study of Michigan's high mortality rate:

"Mrs. Winslow's Soothing Syrup is extensively used among the poorer classes as a means of pacifying their babies. These children eventually come into the hands of physicians with a greater or less addiction to the opium habit. The sight of a parent drugging a helpless infant into a semicomatose condition is not an elevating one for this civilized age, and it is a very common practice. I can give you one illustration from my own

[A DANGEROUS SAMPLE BOX WHiCH GOES THROUGH THE MAiLS. Enough tablets were contained in this package, marked "Xo Heart Effect," to stop the heart entirely if taken all at once. The' chief ingredient of antikamnia is acetanilid.]

hospital experience, which was told me by the father of the girl. A middleaged railroad man of Kansas City had a small daughter with summer diarrhea. For this she was given a patent diarrhea medicine. It controlled the trouble, but as soon as the remedy was withdrawn the diarrhea returned. At every withdrawal the trouble began anew, and the final result was that they never succeeded in curing the daughter of the opium habit which had taken its hold on her. It was some years afterward that the parents became aware that she had contracted the habit, when the physician took away the patent medicine and gave the girl morphin, with exactly the same result which she had experienced with the patent remedy. At the time the father told me this story his daughter was 19 years of age, an only child of wealthy parents, and one who could have had every advantage in life, but who was a complete wreck in every way as a result of the opium habit. The father told me, with tears in his eyes, that he would rather she had died with the original illness than to have lived to become the creature which she then was."

The proprietor of a drug store in San Jose, Cal., writes to Collier's as follows:

"I have a good customer, a married woman with five children, all under 10 years of age. When her last baby was born, about a year ago, the first thing she did was to order a bottle of Winslow's Soothing Syrup, and every

Were this drugstore display in illinois instead of New York City, the druggist would be arrested and his stock confiscated. This is one of the favorite cocain powders used by victims of the cocain habit. The law now requires that it be labeled "Poison."


week another hoitle was bought at first, until now a bottle is bought every third day. Why? Because the baby has become habituated to the drug. I am not well enough acquainted with the family to be able to say that the weaned children show any present abnormality of health due to the opium contained in the drug, but the after-effects of opium have been thus described. . . . Another instance, quite as startling, was that of a mother who gave large quantities of soothing syrup to two of her children in infancy; then, becoming convinced of its danger, abandoned its use. These children in middle life became neurotics, spirit and drug-takers. Three children born later and not given any drugs in early life grew up strong and healthy.

"I fear the children of the woman in question will all suffer for their mother's ignorance, or worse, in later life, and have tried to do my duty by sending word to the mother of the harmful nature of the stuff, but without effect.

"P. S.—How many neurotics, fiends and criminals may not 'Mrs Winslow' be sponsor for?"

This query is respectfully referred to the Anglo-American Drug Company, of New York, which makes its handsome profit from this slave trade.

Recent legislation on the part of the New York State Board of Pharmacy will tend to decrease the profit, as it requires that a poison label be put on each bottle of the product, as has long been the law in England.

An Omaha physician reports a case of poisoning from a compound bearing the touching name of "Kopp's Baby Friend," which has a considerable sale in the middle west and in central New York. It is made of sweetened water and morphin, about one-third grain of morphin to the ounce.

"The child (after taking four drops) went into a stupor at once, the pupils were pin-pointed, skin cool and clammy, heart and respiration slow. I treated the case as one of opium poisoning, but it took twelve hours before my little patient was out of danger."

As if to put a point cf satirical grimncss on the matter, the responsible proprietor of this particular business of drugging helpless babies is a woman, Mrs. J. A. Kopp, of York, Pa.

Making cocain fiends is another profitable enterprise. Catarrh, powders are the medium. A decent druggist will not sell cocain as such, steadily, to any customer, except on prescription, but most druggists find salve for their consciences in the fact that the subtle and terrible drug is in the form of somebody's sure cure. There is need to say nothing of the effects of cocain other than that it is destructive to mind and body alike, and appalling in its breaking down of all moral restraint. Yet in New York City it is distributed in "samples" at ferries and railway stations. You may see the empty boxes and the instructive labels littering the gutters of Broadway any Saturday night, when the drug trade is briskest.

Birney's Catarrhal Powder, Dr. Cole's Catarrh Cure, Dr. Gray's Catarrh Powder, and Crown Catarrh Powder are the ones most in demand. All of them are cocain; the other ingredients are unimportant—perhaps even superfluous.

Whether or not the bottles are labeled with the amount of cocain makes little difference. The habitues know. In one resp?ot, however, the labels help them by giving information as to which nostrum is the most heavily drugged.

"People come in here," a New York City druggist tells me, "ask what catarrh powders we've got, read the labe'.s, and pick out the one that's got the most cocain. When I see a customer comparing labels I know she's a fiend."

Naturally these owners and exploiters of these mixtures claim that the small amount of coeain contained is harmless. For instance, the "Crown Cure," admitting 2% per cent., says:

"Of course, this is a very small and harmless amount. Coeain is now considered to be the most valuable addition to modern medicine ... it is the most perfect relief known."

Birney's Catarrh Cure runs as high as 4 per cent, and can produce testimonials vouching for its harmlessneas. Here is a Birney "testimonial" to the opposite effect, obtained "without solicitation or payment" (I have ventured to put it in the approved form), which no sufferer from catarrh can afford to miss:

READ WHAT

William Thompson, Of Chicago,

says of

BIRNEY'S CATARRH CURE.

"Three years ago Thompson was a strong man. Now he is without money, health, home, or friends." (Chicago Tribune.) "I began taking Birney's Catarrh Cure (says Thompson) three years ago. and the longing for the drug has grown so potent that I suffer without it. "I followed the directions at first, then I increased the quantity until I bought the stuff hy the dozen bottles."

A famous drink and drug cure in Illinois had, as a patient, not long ago, a 14-year-old boy. who was a slave to the Birney brand of coeain. He had run his father $300 in debt, so heavy were his purchases of the poison.

Chicago long ago settled this coeain matter in the only logical way. The proprietor of a large downtown drug store noticed several years ago that at noon numbers of the shop girls from a great department store purchased certain catarrh powders over his counter. He had his clerk warn them that the powders contained deleterious drugs. The girls continued to purchase in increasing numbers and quantity. He sent word to the superintendent of the store. "That accounts for the number of our girls that have gons wrong of late," was the superintendent's comment. The druggist, Mr. McConnell, had an analysis made by the Board of Health, which showed that the powder most called for was nearly 4 per cent, coeain, whereon he threw it and similar powders out of stock. The girls went elsewhere. Mr. McConnell traced them and started a general movement against this class of remedies, which resulted in an ordinance forbidding their sale. Birney's Catarrhal Powders, as I am informed, to meet the new conditions, brought out a powder without coeain, which had the briefest kind of a sale. For weeks thereafter the downtown stores were haunted by haggard ycung men and women, who begged for "the old powders; these new ones don't do any good." As high as $1.00 premium was paid for the 4 per cent, coeain species. To-day the Illinois druggist who sells coeain in this form is liable to arrest. Yet in New York, at the corner of Forty-second street and Broadway, I saw recently a show-window display of the Birney cure, and similar displays arc not uncommon in other cities.

Regarding other forms of drugs there may be honest differences of opinion as to the limits of legitimacy in the trade. If mendacious advertising were stopped, and the actual ingredients of every nostrum plainly published and frankly explained, the patent medicine trade might reasonably claim to be a legitimate enterprise in many of its phases. But no label of opium or cocain, though the warning skull and cross-bones cover the bottle, will excuse the sale of products that are never safely used except by expert advice. I believe that the Chicago method of dealing with the catarrh powders is the right method in cocain- and opium-bearing nostrums. Restrict the drug by the same safeguards when sold under a lying pretence as when it flies its true colors. Then, and then only, will our laws prevent the shameful trade that stupefies helpless babies and makes criminals of our young men and harlots of our young women.


From Collier's Weekly, June 8, 1907.

PATENT MEDlCINES UNDER THE PURE FOOD LAW.

WITH the passage of the Food and ABSOLUTELY HARMLESS Drugs Act by Congress, the patent medicine frauds, which had fought its passage by fair means and foul—principally the latter—found three paths open to th«m. First, they could go out of business, rather than expose the real nature of the concoctions with which they have been so long "doping" the public; second, they could change their formulas, leaving out those dangerous ingredients which, under the law, must now be specified on the label before the Anodyne brought out by the Pure article can enter into interstate commeerce; third, they could remove from their labels the lying clauses which form the basis of their business, and print the percentages or proportions of such ingredients as are required to be labeled. There is a fourth alternative: they could ignore the law. A few are doing this in a small way; but mostly the Great American Fraud, for the first time on the defensive, has foregone its attitude of defiance. It is conforming to regulations; but, still true to its fundamental nature, it is by every possible subterfuge, while obeying the letter of the law, which says, "Let the label tell," evading and violating its spirit.

In brief, the national Food and Drugs Act requires that, to enter into interstate commerce, proprietary medicines containing cocain or its derivatives, opium or its derivatives," alcohol, chloroform, cannabis indica (hashish), chloral hydrate, or acetanilid or its derivatives must bear on the label in type not smaller than eight-point capital letters the percentage or proportion of such drugs; also that the label shall embody no "statement which shall be false or misleading in any particular." This last is vitally important in that it puts a quietus on the blanket claims of "cure" upon the labels, although, of course, the manufacturers will continue to swindle the public in the newspaper advertisements. The new law went into operation January 1, but labels now on hand may be used with supplemental labels, in the form of stamps or pasters, up to October 1.

The Cocain Purveyors Are Down and Out.

One definite, widespread, and immediate good has followed the new law. The purveyors of cocain snuffs have been, for the most part, driven out of business. These concoctions, ostensibly intended for the cure of catarrh, but in reality merely a supply for the cocain fiends which they themselves make, have been the first to succumb. Dr. Birney's snuff, Dr. Agnew-s snuff, the Cole. Gray and Crown cures have reached the end of their rope. Credit for this is due not only to the pure food law and many stringent local regulations, but also to the jobbers and retail druggists, who, despite the large profit in this line of business, have turned from it in disgust. In store after store of the better class, even where the law does not forbid the sale of cocain concoctions (as it does in New York City under Dr. Darlington's vigorous rfigime, in Chicago, and in a number of other large cities), my inquiries for the catarrh snuffs have been met with the curt rejoinder: "No; you can't buy that rotten stuff here." Out of twenty pharmacies which I visited in several cities of New York State, I was able to buy cocain in the form of snuffs, at only one. That was Robinson's drug store in Mount Vernon, N. Y., where a leering youth not only sold me a bottle of Dr. Cole's Catarrh Cure, but also bragged of the victims of the habit whom he "served regular," giving what he regarded as the highly amusing example of an unfortunate from Tuckahoe who came there every other day to "get his coke."

The Cole Medicine Company, by the way, has issued a circular to the drug trade announcing the issuance of a new nostrum for catarrh, that "can not give rise to any so-called 'habit' in child or adult." But it "does not propose to give up the manufacture of its original preparation . . . and its manufacture and sale will be continued as heretofore." This would seem to be a notification to druggists not troubled with a conscience that cocain will be obtainable "on the quiet" from the Cole concern. Perhaps they've thought better of it since the circular was issued. At any rate I know of several orders for the old powder that have received no answer. And, if they will take a layman's mild hint, they are pretty certain to get into serious trouble if they fake the Pure Food law for a toy whirligig, whereas it is really a buzz-saw. Their circular continues:

"It would seem that some of the jobbers have agreed not to push the sale of the old, reliable Dr. Cole's Catarrh Cure, and in one or two instances, have refused to supply it, on high moral grounds. The company knows that consumers do not become 'dopes' or wrecks: on the contrary, thousands of instances are known where the cure has done perfect workalong the lines intended."

The infamous Catarrh and Consumption "Cures."

Painful as it is to differ with as expert a set of liars as the Cole Company employs, the plain facts are deserving at least of mention. And these are the facts: Dr. Cole's Catarrh Cure is not a catarrh cure in any sense. It is a preparation for the instigation of the cocain habit. From the wretched habitues which itself has bred it draws its main profit. Its manufacturers, the Cole Medicine Company, are deliberate slayers of men's bodies and women's souls. And this crew has the effrontery to appeal to honorable men in the retail drug trade—the very men who best know the deep damnation of cocainism—to support and uphold their business in the teeth of the law. I do not anticipate that they will receive a very hearty encouragement from a trade which has learned thoroughly to despise them and their kind.

Wiser is that firm which deals in Dr. Birney's Catarrh Powder. Letters from them announce their retirement since laws are being generally passed forbidding the sale of cocain. and they have always conducted "a law-abiding business." Edifying, indeed! "There is none so mean but he clings still to one poor virtue." That of the Birney concern is, it appears, meekness. Birney has always conducted a "law-abiding business," and yet there is in the whole United States no city whose God's acre does not hold the bones of his victims; whose jail records are not black with their crimes.

In the sudden light which the Pure Food law throws into certain dark corners, that widely-bruited pick-me-up for lassitudinous ladies, Vin Mariani, takes on a changed aspect. From the enthusiastic encomiums, given out for advertising purposes by sundry actresses, one might suppose that the so-called French preparation was at once the most bracing and the most harmless of concoctions. Across its label, however, the pure food law has recorded the warning fact: "Each ounce represents one-tenth of one grain of cocain." This shuts it out of New York, Chicago, Philadelphia, all cities and towns in Massachusetts, and many other places. As the average American woman can read and is not a fool. I fancy that even in those localities where cocain can be sold only in patent medicine form without a prescription (as has been the case until recently in the District of Columbia, thanks to Senator and ex-Doctor Gallinger's efforts on behalf of the nostrum people), the Vin Mariani trade will rapidly decline.

Next to cocain nostrums, the most dangerous class of patent medicines is that containing narcotics, such as opium, morphin and cannabis indica. Various are the evasions and contortions resorted to by these dopes in their efforts to make the best of the new law. Piso's Consumption Cure is an illustrative case. No longer is it a "consumption cure" on its label. The old label reads: "Piso's Cure for Consumption." The new label, in the same type, and presenting much the same appearance, reads: "Piso's Cure;" then, in almost undistinguishable letters: "A Medicine for"—and then, larger again: "Coughs, Colds," etc. Across the bottom of the carton, in letters sufficiently clear to acquit the makers of any attempt to conceal the most important feature of the label, runs this legend: "Each fluid ounce contains % grain cannabis indica, 5 minims chloroform, and other valuable [sic!] ingredients."

















































Wednesday, April 13, 2011

Wiley 'Nostrums & Quackery'

USDA-AMA-APhA Pharmaceutical Racketeering


From Nostrums and quackery: articles on the nostrum evil and quackery by the American Medical Asociation

NOSTRUMS AND QUACKERY

PREFACE TO THE FIRST EDITION

In the latter months of 1905 the first of a series of articles appeared in Collier's, dealing with what was well named the Great American Fraud — that is, the nostrum evil and quackery. These articles ran for some'months and, when completed, were reprinted in booklet form by the American Medical Association. Tens of thousands of these books have been sold and there is no question that the wide dissemination of the information contained in the Great American Fraud series has done much to mitigate the worst evils of the "patent medicines" and quackery. How hard these forces of evil have been hit is. indicated by the organized attempt on their part to discredit and bring into disrepute the American Medical Association by means of speciously named "leagues" organized by those who are now or have in the past been in the "patent medicine" business, ostensibly to preserve what has been miscalled "medical freedom."

A few years before the first of the Collier's articles appeared, the American Medical Association commenced a campaign against the proprietary evil that existed within the medical profession. After cleaning to a marked degree this Augean stable, the Association extended its activities to the investigation of the more widely spread evil of "patent medicines" and quackery. It should be understood that in many cases there is no clear line of demarcation between what are commonly known as "patent medicines" and the "ethical proprietaries." As has been shown time and. again, it is not unusual for a nostrum first to be exploited only to the medical profession—as an "ethical proprietary." After a sufficient number of testimonials have been received from unthinking physicians the promoters of the nostrum advertise their wares direct to the public—as a "patent medicine." Again, some nostrum exploiters prefer to exploit their products exclusively through the medical profession, never advertising direct to the laity. On the other hand, there have been a few cases in which nostrums have first been marketed to the public direct and later have been advertised either under the same or a different name to physicians.

Many of the articles that have appeared in The Journal of the American Medical Association during the last few years, dealing with quackery or "patent medicines," have been reprinted in pamphlet form for distribution to the laity. As the number of these pamphlets increased, it was thought desirable to bring all this matter together in one book. The present volume is the result. Mr. Adams' "Great American Fraud" articles aimed to cover the whole subject of- quackery and the nostrum evil in as broad and general a way as possible. From the nature of the ease, it was impossible to give very much space to any one fraud. The present book differs in just this respect from the Collier's reprint. While but comparatively few concerns are dealt with, they are shown up with special reference to the details of their fraudulent activity. By this means light has been thrown into the innermost recesses —the holy of holies of quackery. It is believed that a perusal of the cases here presented will so plainly show the fraud, the greed and the danger that are inseparable from ''patent medicine" exploitation and quackery that the reader must perforce be protected in no small degree from this wide-spread evil.

While most of the matter here given is the result of work done directly by the American Medical Association, we have not hesitated to take advantage of the splendid work done by the Post Office Department through the agency of the fraud order and also of that done by the federal and state officials in enforcing national and state pure food laws. It is an unfortunate fact that much of the valuable work done by officials entrusted with the execution of the Food and Drugs Acts is buried in official documents that never reach those to whom such work is of the greatest value. We make no apology, therefore, for presenting in as popular a form as is consistent with scientific accuracy, the results of much of this work. In addition to these sources of information we have quoted freely from the reports that have appeared in the British Medical Journal on nostrums and quackery.

For the purpose of classification, this book has been divided into three general departments; the first deals with quackery, the second with nostrums, while the third contains miscellaneous matter that did not seem to belong to either of the other two divisions. Actually, there is no clear line between these divisions. While, as a general tiling, the preparations classed as nostrums are such as are sold through the medium of drug stores, yet, in a few cases, they are sold by the manufacturer— or, more commonly, the exploiter—direct. On the other hand, while we have classed under quackery those concerns which profess to diagnose and treat disease, some of these institutions also list their medicaments with the wholesale and retail drug firms. The divisions, therefore, are purely arbitrary.

Just a word as to the distinction made between proprietary medicines and "patent medicines." Strictly speaking, practically all nostrums on the market are proprietary medicines and but very few are true patent medicines. A patent medicine, in the legal sense of the word, is a medicine whose composition or method of making, or both, has been patented. Evidently, therefore, a patent medicine is not a secret preparation because its composition must appear in the patent specifications. Nearly every nostrum, instead of being patented, is given a fanciful name and that name is registered at Washington; the name thus becomes the property of the nostrum exploiter for all time. While the composition of the preparation, and the curative effects claimed for it, may be changed at the whim of its owner, his proprietorship in the name remains intact. As has been said, a true patent medicine is not a secret preparation ; moreover, the product becomes public property at the end of seventeen years. As the term "patent medicine" has come to have a definite meaning to the public, this term is used in its colloquial sense throughout the book. That is to say, all nostrums advertised and sold direct to the public are referred to as "patent medicines"; those which are advertised directly only to physicians are spoken of as "proprietaries."

Tuesday, April 12, 2011

Wiley Cocaine Policy

Wiley's unilateral declaration that the cocaine alkaloid was "deleterious to health" as basis for a charge of food "adulteration"


From Nostrums and quackery: articles on the nostrum evil and quackery by the American Medical Association

Koca Nola

This was a syrup for flavoring soda water and similar "soft drinks" put up by a company of the same name at Atlanta, Ga. This "Delicious Dopeless Koca Nola"—as the label had it —was found to contain cocain. Cocain being deleterious to health, was declared an adulteration under the act so that the Koca Nola Company was found guilty on two points: (1) failing to declare the presence of cocain and (2) adulteration. The Government made two seizures and the company was found guilty in each case and a fine of $25 on each count was imposed, making the total $100.—[Notice of Judgment, No. 202.]


Celery Cola

Celery-Cola, marketed by the Birmingham Celery Cola Company of Birmingham, Ala., was another soft drink found to contain cocain and calTein. The government contended that as cocain was a poisonous and deleterious ingredient, the product was adulterated and as the proportion or quantity of cocain was not declared on the label it was also misbranded.— [Notice of Judgment, No. 326.]


Dr. Don's Kola

This product, which was sold as a flavoring extract for "soft drinks," was shipped by the Warner-Jcnkinson Company of St. Louis from Missouri to Michigan. When analyzed by the Government chemists, the product was found to be a syrupy liquid consisting essentially of cocain, caffein, phosphoric acid, sugar, flavoring and coloring agents, and water. It contained no substance derived from the cola nut or cola plant. In view of the fact that it contained cocain, a dangerous drug, the stuff was declared adulterated and, inasmuch as it contained no product of the cola nut. it was further declared misbranded. The defendant entered a plea of guilty and a fine was imposed.—[Notice of Judgment, No. 724.]


Kos-Kola was a soft drink shipped in interstate commerce by the Sethness Company of Chicago. A sample of this preparation was analyzed by the Bureau of Chemistry whose chemists reported that it contained a "poisonous and deleterious ingredient, to wit, cocain." As the preparation failed to bear a statement on the label of the quantity or proportion of cocain, and. as the name Kos-Kola indicated that a product of the cola nut was one of its chief ingredients, which it was not, this vicious mixture was declared misbranded and adulterated. A plea of guilty was entered and the defendant fined. — [Notice of Judgment, No. 206.]


This was a soft drink preparation made by the Vani-Kola Company of Canton. Ohio. Analysis disclosed the presence of coeain and caffein and the product was therefore deemed adulterated ill that it contained deleterious ingredients. It was also declared misbranded because the quantity, or proportion of coeain was not given on the label. The company was fined $25 and costs after entering a plea of nolo contendere. [Notice of Judgment, No. 935.]


Rococola

This soft drink, shipped by the Lehman-Rosenfeld Company of Cincinnati, Ohio, was analyzed by the Government chemists, on whose findings it was declared adulterated and misbranded. It was found to contain cocain and caffein, which rendered the drink injurious to health. Furthermore, the label failed to bear a statement of the quantity or proportion of cocain and caffein, A plea of guilty was entered and fine imposed.— [Notice of Judgment, No. 466.]

Dr. Elders' Celebrated Tobacco Specific

H. W. Elders of St. Joseph, Mo., shipped into the state of Michigan a quantity of a drug preparation having the name given above and under claims that were in part as follows:

"Cures Smoking. Chewing. Cigarette and Snuff Kipping Habits in three to five days."

"It Is as Certain in its Cure as are Taxes and Death sure to all."

"Oldest, Cheapest, Best. Thousands so testify."

"A positive cure for the 'Tobacco Heart'."

"Contains no injurious drugs or ingredients."

Analysis by the government chemists showed that the tablets consisted essentially of cocain and cocain derivatives, strychnin and cinchona alkaloids. The co cain, strychnin and cinchona alkaloids amounted to about 3/10 of 1 per cent. The remainder of the tablets consisted of sugar and starch with a small amount of gin ger, the whole being flavored with artificial oil of wintergreen. As the tablets were not a specific for the tobacco habit and as it did contain "injurious drugs or ingredients." the product was declared misbranded. Elders pleaded euilty and was fined .*100 and costs. [Notice of Judgment, No. 930.]

Monday, April 11, 2011

Wiley's Usurpation of Power Over Medicine and Diet

January 1912 NATIONAL DRUGGIST















DR WILEY'S LATEST ATTEMPT AT USURPATION OF POWER THE Board of Food and Drug Inspection of the Department of Agriculture has recently issued what it calls a Tentative Food Inspection Decision which regulates or assumes to regulate the importation and sale of opium cocaine and coca their derivatives and preparations

And this tentative decision has been submitted to the drug trade for such suggestions and criticisms as they may see fit to make although we notice that the letter of transmittal states that the Board has weighed all evidence possible and believes this decision to be correct Starting out with the rather platitudinous pronunce ment that the indiscriminate and promiscuous use of opium morphine etc is recognized as a great menace to the public health the decision undertakes to regulate not only the importation but all subsequent sales whether by wholesaler or retailer even going so far as to lay down rules regarding the dispensing of the substances on physicians prescriptions It prescribes a form of declaration which the importer and each and every subsequent purchaser or receiver down to the ultimate consumer shall make setting forth that the drugs are intended to be used for the treatment of disease only which is construed not to include the use of any of these products for inducing sleep in infants or similar purposes It provides however that the making of this declaration is waived when purchases are made on the prescriptions of authorized medical dental or veterinary practitioners though it requires that all such prescriptions shall be dated and signed and shall contain the name of the persons for whom they are intended and shall be kept on file by the pharmacists for five years and must not be refilled except on the written order of the original prescribes It also provides that each and every package containing any of the specified drugs shall bear in conspicuous manner on the label or labels including any wrapper or cover the word poison in uncondensed Gothic type and the skull and cross bones all printed in red on a white background or white on a red background There are other regulations relating to the entering and warehousing etc of the products which not immediately concerning the retail druggist we do not think it necessary to recapitulate here

We have quoted sufficiently to show that the proposed regulation is of great importance to the retailer in that it imposes upon him the obligation to see that all the cough cholera or diarrhea remedies and all liniments ointments or other preparations including such simple household remedies as Dover's powders paregoric etc which contain the specified drugs in even the minutest quantities must bear the poison and the skull and cross bones label to say nothing of other annoying and troublesome requirements

The Board pretends to derive its authority for this extraordinary assertion of power from a portion of Section 11 of the Food and Drugs Act which reads as follows Sec 11 The Secretary of the Treasury shall deliver to the Secretary of Agriculture upon his request from time to time samples of foods and drugs which are being imported into the United States or offered for import giving notice thereof to the owner or consignee who may appear before the Secretary of Agriculture and have the right to introduce testimony and if it appear from the examination of such samples that any article of food or drug offered to be imported into the United States is adulterated or misbranded within the meaning of this act OR IS OTHERWISE DANGEROUS TO THE HEALTH OF THE PEOPLE OF THE UNITED STATES or is of a kind forbidden entry into or forbidden to be sold or restricted in sale in the country in which it is made or from which it is exported or is otherwise falsely labeled in any respect the said article shall be refused admission and the Secretary of the Treasury shall refuse delivery to the consignee and shall cause the destruction of any goods refused delivery which shall not be exported by the consignee within three months from the date of notice of such refusal under such regulations as the Secretary of the Treasury may prescribe

Now the power conferred by this section is exceedingly broad and arbitrary much broader and more arbitrary than in our opinion should be conferred on any man or set of men however great and good they may be or however worthy the object sought to be attained But even under its most strained interpretation we fail to find anything in it to authorize such power as is here asserted Indeed whatever may be the powers that the section confers are conferred not upon the Secretary of Agriculture and certainly not on the Board of Food and Drug Inspection but upon the Secretary of the Treasury and the authority given relates altogether to the matter of importation and not in the slightest degree to the sale and distribution of the drugs

And the function of the Secretary of Agriculture under the section is limited to the mere examination of such samples of imported goods as may be delivered to him on his request by the Secretary of the Treasury and to the determination of the question as to whether they comply with the Food and Drugs Act or are otherwise dangerous to the health of the people of the United States or are of a kind forbidden entry into or forbidden to be sold or restricted in sale in the country in which they are made or from which they are exported How in the world this clause can be made a warrant for a set of regulations requiring the filing of declarations by retailers and physicians in the States and by all other purchasers of their intentions in purchasing the goods in question the manner of packing and labeling the articles the preservation and inspection of prescriptions orders and transactions in these commodities and for other directions for the conduct of purely infra state transactions we are at a loss to understand The truth of the matter is that this tentative decision is not really a procedure under the Food and Drugs Act at all having in its nature and scope nothing whatever to bring it within the intent and range of that act but is a barefaced and impudent attempt to amend the United States Statute of February 9 1909 entitled An Act to Prohibit the Importation and Use of Opium for other than Medicinal Purposes

This act confines itself exclusively to opium its preparations and derivatives Congress had it seen fit might have included other drugs conducive to dangerous habit formation but it remains that it failed to do so and the Board of Food and Drug Inspection has brazenly taken it upon itself to correct what it evidently regards as a Congressional delinquency by amending and extending this statute to include other drugs which they think ought to be included going so far as to assume to dictate the terms upon which they shall be sold long after the original packages have been broken and they have lost their character as articles of interstate commerce It is easy to detect in this move the fine Italian hand of our old friend Dr Harvey W Wiley who has a peculiar penchant for usurping authority and attempting to give the force of law to his private opinions

It will be remembered that in testifying before the Congressional Investigating Committee Dr Wiley complained very vehemently of the action of Solicitor McCabe the legal officer of the Department in overruling some of Dr Wiley's decisions involving questions of law He chafed under such interference and said to the Congressional Committee Give me a law officer and a good stenographer right here in my bureau and I will get the work done get it done better and get done at one hundredth part of the expense now involved in working through the Solicitor of the Department He significantly added would welcome a law officer of sympathetic views with mine as to what the law is It seems that his wish for unchecked power has been more than granted for Solicitor McCabe having resigned the Board now has no law officer at all Dr Wiley being practically the whole thing and having now no one to check or restrain him his high handed action in the present matter is only what might have been expected from a man of his temper and disposition under the circumstances What will be the effect if this assumption of power be sustained

The answer is plain Dr Wiley can at will on the pretext that it is dangerous to the health of the people of the United States prevent the importation of any article of food or drug that he pleases and thus can destroy the business of any individual at his whim or caprice or when it becomes to hi interest to do so

What constitutes a danger to health Is very largely a matter of individual opinion It can not always be definitely and scientifically ascertained and determined One set of officials may think a certain product is deleterious and their successors in office may disagree with them entirely Put a prohibitionist in power and he could under this pretext exclude all alcoholic beverages Dr Wiley or Mr CW Post of Postum Cereal fame holding as they do that caffeine is dangerous to health could prevent the importation and sale of tea and coffee Someone else in the office with equal show of reason and authority might forbid the importation of tobacco cigars and cigarettes There are a few cranks who regard common table salt as injurious and so if one of them were in Dr Wiley's place he could prevent the importation of salt if the contingency should ever arise for its importation

If Dr Kellogg of Battle Creek were in the office he would if he followed his teachings exclude sugar and candy from the country for he has recently stated that the free use of cane sugar is a very injurious practice causing catarrh of the stomach and bowels acid dyspepsia diabetes and disease of the liver and kidneys Dr Woods Hutchinson on the other hand advises parents to permit their children to eat these substances ad libitum and so if he should follow Dr Kellogg in office he would reverse the latter's ruling and admit sugar as a wholesome product And finally if a disciple of Mrs Eddy were to occupy Dr Wiley's position he would exclude all drugs of every nature as injurious to health And so we repeat that the question of what is dangerous to health is one so largely of opinion and of such variability that it ought not to be left to the decision and determination of any official or set of officials who may happen to be in office at a particular time

This is a matter of most serious import to the druggists of the country or it would be if we could bring ourselves to believe that the tentative decision here commented on would ever become binding We are however disposed to look upon it as another erratic outbreak of Dr Wiley's irrepressible itch for notoriety and power and can not believe that so well poised and experienced a man as Secretary Wilson will ever permit it to be dignified into an actual ruling of his Department The requirements of the regulations in themselves may or may not be of a salutary nature That is not the question here Whether they are or not it is admitted that the States have full power to regulate the sale of narcotic drugs within their own bounds and practically all of them have done so But Dr Wiley and his Board of Food and Drug Inspection have no more authority to make such requirements than has the humblest citizen of the republic and the attempt thus to override statutory and constitutional law and to usurp the police powers of the States is as offensive an exhibition of arrogance and gall as we have ever seen or read of Indeed we can not enter into the minds of the man or men who would dare attempt a thing of the kind nor can we understand the temper of the American people that will put up with it for a moment The opium habit is certainly a great evil It affects however a comparatively small number of people But the usurpation of authority and lawless government such as Dr Wiley here and in the past has so often attempted are a menace to the liberty and property rights of every citizen who may come within the scope of his influence for they strike at the very root of our government and carried to their logical conclusion mean ultimate anarchy and ruin As we have said the Board of Food and Drug Inspection invite criticisms of and suggestions regarding the proposed regulations We therefore recommend that unless the druggists of the country desire to submit themselves to the espionage of the Washington officials and want to go to the trouble of putting the poison and skull and cross bones label on each and every package of the large number of medicines they sell which contain the specified drugs that they ought to let the Board of Food and Drug Inspection hear from them in no uncertain tones

If Dr Wiley should be upheld in his present attempt to dictate to the retailers with regard to the substances here under consideration he could with equal warrant extend his authority to and make rules regarding any or all other drugs which the pharmacist handles and we believe he would not hesitate to do so in any case in which he thought he would be subserving the interests of the gang of political doctors who have control of the American Medical Association at Chicago of one of whose most important committees he is an active and zealous member and worker