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every one of the members of this association approving the bill and asking me to present their statements to the Committee, and I will ask permission here not to read them but to file them with the record. The CHAIRMAN. They will be filed.

(The statements referred to by Mrs. Dugan will be found following her remarks.)

Mrs. DUGAN. I also have statements from 18 other State health officials and State food officials representing departments of agriculture and State boards of health, both of whom have in various States the authority to enforce State food and drug laws.

Each of these statements, in turn, endorses this bill and hopes for its passage as written.

I also have a statement from the chairman of the Public Welfare and chairman of the Public Health of the Kentucky Federation of Women's Clubs, endorsing the bill, and particularly approving that section of the bill which provides for publicity of all action as it occurs within the Department, as it affects food, drugs, and cosmetics.

I have a further resolution adopted by the Women's Auxiliary of the Kentucky State Medical Association in annual session in September, approving the bill, and the resolution as adopted by the American Public Health Association has been mentioned.

I want to call attention also and file with this committee a statement as printed in the bulletin of the State board of health covering the bill, and a statement which appeared as an editorial in the HeraldPost of Louisville, "Why We Need a Pure Food and Drug Law," written by Mrs. Heller, president of the Kentucky Federation of Women's Clubs, endorsing the bill.

I further would like to file a statement published by the State board of health of Florida on the new Federal Food and Drugs Act, endorsing the bill.

I call your attention to these resolutions and ask again permission to file the statements and resolutions.

The CHAIRMAN. They will be printed in the record.

(The statements and resolutions referred to by Mrs. Dugan will be found following her remarks.)

Mrs. DUGAN. Simply because the statement has been made before this committee that the passage of this bill would so endanger State food and drug laws that it would be impossible for manufacturers to operate for 10 or 12 years with any system, I might bring to the attention of this committee the fact that at the present time the State food and drug laws do not exactly follow the Federal law.

As an actual fact, my own State law does not follow the Federal law. It is stronger; and very nearly as strong, as regards drugs and the labeling of drugs and the advertising of drugs, as the new bill.

The reason that we have not been so successful in enforcing that law in Kentucky is that most advertising mediums are in interstate commerce and most of our foods and drugs and cosmetics are sold in Kentucky as subject to the Federal Food and Drug Act, and our courts, as most State courts are, and local courts, are loath to go beyond the powers given in the Federal law, because of the fact that they do not care to endanger home industries.

If we would take action against a local industry under that law, we would be unable, I am sure, due to the way that the law is written,

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to take any action at the present time in the State of Kentucky under our own law until a law equally as strong should be passed by the Federal Congress.

The question was also raised about small-town newspapers and the fact that they are, of course, interested in the publication and the sale of advertising space.

I have a statement here copied from a letter which was sent to a small-town newspaper in my State by a proprietary remedy manufacturer in which the following statement is made:

You publish your paper for profit and as a service to your community. Most rural business organizations, the altruistic policies, in the final analysis, are a means to the primary end, which is profit.

They further make this statement:

If this bill should become law we will be forced to cancel immediately every line of our advertising.

I make the contention that if this particular product would be forced to cancel every single line of its present advertising, that it appear that since they fear that that would be necessary, should the bill become a law, for them to cancel all of their advertising, that they are pretty sure that their present advertising is, to say the least, misleading, if not directly false and untrue. [Applause.]

In closing, I simply want to quote what our State board of health has published in its bulletin just off the press:

There is no valid reason anywhere, why the proposed legislation should not become law; there are many and compelling reasons why it should. It is necessary for the proper protection alike of the consumer and of the honest manufacturer and dealer-the former, in bis health and his economic welfare; the latter, against unfair and dishonest competition.

May I ask the privilege of filing this statement, which gives more in detail our reasons for supporting the bill in its entirety, as well as any certain, specific item?

Thank you very much.

(The statement of Mrs. Sarah Vance Dugan referred to above is as follows:)

As the State official charged by the State board of health with the administration of the State food and drug laws in Kentucky, I am greatly interested in the passage of S. 1944, "a bill to prevent the manufacture, shipment, and sale of adulterated or misbranded foods, drugs, and cosmetics, and for other purposes," since the State of Kentucky is largely a rural State and therefore primarily a consuming State for manufactured foods, drugs, and cosmetics, rather than salesman State offering manufactured products to other consumers.

This bill, S. 1944, is a consumer's protective measure and as such Kentucky officials and Kentucky citizens are interested in it.

The duties of the State Board of Health of Kentucky are to protect the citizens of the State from all agencies and products which may prove dangerous to the health of the public.

Limitations of the present Federal Food and Drug Act have prevented the fullest exercise of this protection to our people.

State laws patterned after Federal laws can only go in their enforcement so far as the similar Federal law is interpreted by the courts.

State courts hestitate in their interpretation of the provisions of a State law to place restrictions on manufacturers within their State when manufacturers in a bordering State can ship in interstate commerce a product of no greater value and similarly apparently violating at the source of manufacture the State law. Our State laws cannot reach into another State for sanitary supervision of a canning factory, for instance, and yet that possibly insanitary factory is not only in competition with a local factory so far as methods and practices are concerned, but the present Federal law is powerless to prevent the manufacture of food

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products even under the most insanitary and repulsive conditions unless the can or bottle of food which is finally sold in the neighboring State shows unmistakable chemical, bacteriological, biological, or organileptic evidence of putrefaction, adulteration, or dangerous uncleanliness.

Those of you who know of the care taken in your homes in the preparation of the food served on your tables do not care to contemplate the filthiness, uncouthness, and inexcusable dirtiness of some of the places where food is handled for human consumption and prepared for transportation in interstate commerce.

I do not want to intimate that all or even a majority of food establishments belong to the class mentioned.

Happily, in the food industry, we have a majority of manufacturers who are striving to prepare and market such foods as they can be proud to offer for sale to the public.

Today, under the provisions of the present Federal food and drug law, a man can go into the food business in a horse stable, haul his product hundreds of miles by truck and offer his merchandise for sale in another State. State officials in the place of sale are powerless to investigate the source of such supply, and until there are deaths or illness caused by such food, which, only by the grace of God, is prevented in most cases, no agency, Federal or State, can protect the unsuspecting consumer.

The provisions of S. 1944, under section 12 and 13, give to public-health officials the first hopes of adequate protection from a sanitary and health standpoint of foods shipped in interstate commerce.

One of the most powerful protective legal weapons granted to State health officials has been the power to quarantine suspected dangerous food products to prevent their sale during the sometimes necessarily long period of laboratory investigation to prove presence of adulterated products inimical to the public health.

The present Federal food law has required proof of adulteration or misbranding before the legal steps are provided for removal of a dangerous product from the market and many are the instances that a truly dangerous product has been sold and consumed because Federal officials charged with the enforcement of the Fedral food and drug laws do not have the same power of public-health protection now given by most State laws to the food and health officials of the smallest town or county.

As a representative of the State Board of Health of Kentucky, I urge the passage of S. 1944, with no changes in section 16, that will in any way impair this authority of quarantine or seizure.

Under section 7, paragraph (f) of the bill, S. 1944, the very wise provision is made for the labeling of food for which no definition of identity has been established. No requirement is made for publication of the formula of proprietary foods, but the common name of ingredients of any such food must appear on the label. Under such a provision, worthless products cannot be sold as miraculous health-giving secret preparations. Drugs cannot lap over into the food provision to escape the requirements of drug laws. There was recently offered for sale in Kentucky by mail to nonmedical practitioners a series of so-called "Food Cubes" labeled with a fancy name and identified one from the other by a number and a different color dye for the pills. The fanciful name inferred but did not state that the products were made of alfalfa and vegetable products. Analysis of two of these products showed that they were composed of potent drugs of various types masqueraded as a food.

Authorities state that from 20 to 30 percent of the population is subject to some type of allergic reaction, such as hay fever, asthma, eczema, and hives due to consitiveness to some component of food or some individual drug.__From our own personal knowledge even this figure seems to be conservative. We are, cach of us, familiar with numerous cases within our own family and circle of friends, of individuals who have most unpleasant reactions from such simple foods as milk, eggs, wheat, or corn. Labels on compound or proprietary foods, plainly stating the common name of the ingredients, will go far to prevent allergic illnesses of this considerable proportion of our population.

Section 11 of the proposed bill, S. 1944, wisely provides for the fixing of definitions and legal standards of foods. In individual States law enforcement officials and boards now have the power to promulgate standards for food products offered for sale within that State. Such standards have no effect when a product is to be sold in a neighboring State and at the present time the State officials in the place of sale of such products are handicapped by the plea of lack of Federal food standards, even though their State may have standards. State

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food officials welcome the plan for Federal food standards and have individually and by groups endorsed this bill.

The provisions of section 17, of S. 1944, have become increasingly important. Nation-wide chains of food and drug sales establishments can and do consider the seizure of small shipments of their products as minor tribute paid for illegal, profitable business, the meager fines of the present law as necessary license for chiseling the public.

In Kentucky recently a butter manufacturer paid in State court a nominal fine for sale of short-weight butter. This company and many others do a big interstate business and they have regularly paid yearly or oftener two and three hundred dollar fines for the interstate shipment of underweight butter. An estimate was made of the profit possible at the one plant on a continued underweight sales policy, $16,000 a year would represent the "overrun" made by this plant if they continued the sale of underweight butter for 1 year as was indicated in records. Penalties should be such as to discourage violation rather than to permit payment for violation.

The present law has done much to protect the pocketbook as well as the health of the public in its 27 years of existence, but we do not have to go far to find numerous examples of cheats and frauds in a percentage of the products offered for sale as foods, drugs, and cosmetics.

As State food official, I am constantly brought to face with the problems of, in some cases, honest, ignorant individuals who are anxious to make a little money and who feel that they have something to sell in the way of a drug or a food mixture on which they can make easily 50 to 100 percent profit if only they can put the product on the market. We have the classical example of approximately a cent's worth of a common laxative salt selling for 150 times its value because of a neat package and blatant advertising.

Another product is somewhat more modest and a mixture of 15 cents worth of laxative herbs is sold for $1.50 as an absolute cure for obesity.

The statement of Dr. W. W. Martin, of Harlan, Ky., president of the Kentucky State Medical Association of "Willful Ignorance" describes this type of charlatan and money grabber. Dr. Martin says in his presidential address before the medical association in September 1933:

'The most vital of all the arts is the art of living. Therefore, it is the most difficult to learn and the most exacting to practice. But a relatively few people have succeeded in mastering even the elementary principles involved in the accomplishment of this most enviable achievement. Those who have approached the ideal preserve an elusive modesty or a positive timidity in acknowledging such a rare and difficult accomplishment.

"To make the task of dealing with this subject as simple as possible, we will try the experiment of reducing it to mathematical principles and assume that it has three dimensions-length, breadth, and depth. The first of these-lengthis most pertinent to the medical profession and to the individual."

"Tersely stated, longevity may be acquired in at least, two ways. (1) By scientific resistance against the invasion of the forces that are detrimental to vital processes. (2) The complete eradication of the agencies of destruction before they can even enter or approach the sacred precincts of our bodily tissues. Sounds simple, like putting salt on a bird's tail. May we enumerate some of the factors that abbreviate our existence. I would place at the head of the list as captain of the men of death, willful ignorance. I would write it in capital letters, italicized and underscored for emphasis. By the term, I would not imply the sense in which it is generally used. I do not mean by ignorance a lack of culture or education or the social refinements that obtain in polite circles. Nor do I use the term as it is so often sneeringly applied to classes and geographical boundaries, the inhabitants of remote and obsecure districts. But, mean that which is indicated by an attitude of indifference toward acquiring knowledge that is essential to individual welfare and failure to cooperate with the efforts and agencies that are put in force by the Government for the preservation of health and the extension of life.

"The kind of ignorance we are discussing may be divided into two classes: Willful and excusable. The former perhaps includes the larger group. As an example we consider the multitudes that scoff the laws of public hygiene, not only condemn but defy vaccination and the antitoxins and disown the dangers of contagion, hold in derision the germ idea, and mock the medical profession. There are many otherwise educated and intelligent people who might be termed 'biological skeptic' who hold as naught all physiological phenomena that affect. the human body while accepting and believing parallel phenomena in the lower

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orders of life. This class is so stubborn, so inconsistent, they refuse to look at or consider the evidence for fear they be convinced and stand in their own sight guilty of error."

Whoever heard of any of these predatory insects proposing a plan for prevention of illness either singly or collectively?

Nobody begrudges them the money they filch from their unwary victims or the patronage they command or the worship they receive. Their real infamy exists in the fact that they stand between the hopes of their followers and their chance to live. These people, having no regard for the dangers of contagion or the fears of infection, become the means of transmission and the source of wide and mortal epidemics. If those opposed to the established principles of physiology, pathology, and hygiene could be kept within their own ranks, no one would care to interfere scriously with their programs. No one would be seriously concerned with their mortality statistics. But it is the helpless infant and the innocent bystanders that are demanding protection, and we are morally responsible for its deliverance. This constitutes the most delicate and difficult responsibility the medical profession has to bear, because people instinctively resent any interference (apparent or real) that seems to restrain them in the exercise of what they consider to be their rights and privileges, even though the proposed restrictions are obviously for their bencfit and protection. On the other side, their prophets are continually preaching the doctrine of the sanctity of personal liberty to stimulate their resistance and at the same time blatantly accuse the regular profession of the sins of envy, jealousy, and selfishness. A situation like this is one of our major problems and must be adequately dealt with if we discharge the dutics of our high calling. To be so it will require an artful exercise of all the patience, diplomacy, skill, and strategy that can be acquired. But the reward is correspondingly great. I am sure that if we were relieved of the serious obstacles constituted by quacks and charlatans, we would increase expectancy to 100 years.

Codes and marketing agreements are making provisions for profits and percentage of retail sales prices over manufacturing costs or wholesale prices on many of our basic food commodities and in most of our great essential industries, but nowhere have I noted a plan for curtailing or limiting the enormous profits now existing in a great branch of our proprietary remedy manufacturing industry. The examples cited above are only a few among many that have come to my attention in the past few months, any food and drug official in any State in the Union could cite many more. The Notices of Judgment as published by the United States Department of Agriculture would prove a fertile field for thousands of examples.

A rather ridiculous example appeared in Louisville_recently. A 10-cent store had a white-coated demonstrator treating the feet of a pretty girl with a truly magic foot powder. According to the spiel of the demonstrator, this powder would cure all the ills feet are heir to. An analysis indicated that the 25-cent box contained about 7 ounces of soap powder with sodium silicate. I would guess that the profit was only about 500 percent.

It would seem that provisions of S. 1944 would go far to provide a code to prevent undue profits to manufacturers of worthless nostrums by requiring a statement of the active drug ingredients, as well as the ardounts. Even the most ignorant purchaser of patent medicine who can read would know that he was being cheated when he paid $12 a pint for a water extract of the wee horsetail as the exhibits of the United States Department of Agriculture depicted at the Century of Progress.

Many of our 'patent" medicines depend on laxative or purgative qualities for their effectiveness and advertise as stomach, kidney, and bowel remedies." If even a portion of the public could be informed that such products are laxative in nature, some of the 18,000 deaths each year from appendicitis might be prevented. Authorities state that 11,000 of these deaths are traced to the administration of purgatives.

It is utterly impossible to even estimate the cost to the public of falsely advertised and worthless drug products. I mean the cost in lives, as well as in money. Public welfare workers and county health nurses tell me that in visiting homes of families who are on the relief rolls, unable financially to purchase adequate food and clothing, they will find a bottle (price $1 and up) of some well-known nostrum purchased with money that should go to buy very necessary food.

The present Food and Drug Law has hampered the Federal officials in accomplishing the design of that law to protect the public from misbranded and adulterated foods and drugs.