PATENT MEDICINES.

Dominion, Volume 1, Issue 28, 28 October 1907, Page 8

PATENT MEDICINES.

;.THE■'POSITION; IN NEW' ZEALAND. A cable message recently received'. from London stated:—" The ' subsection , 'of tho London Chamber of Commerce:' relating to proprietary articles , suggests that, in order to preserve the secret of such articles, the Com-, moriwealth should require alt manufacturers to make a sworn declaration-that the articles they manufacture do not contain any drugs scheduled as prohibited; or any ingredient or deleterious , drug in quantities'; injurious;to , health; or''alcohol in'excess of the .quantities the Commonwealth " regulations : ' prescribe'. The sub-section expresses the hope that 'the Home Government will protest against the' regulations compelling the disclosure of trade secrots which involve the'abolition of trade' proprietary 'articles in .Australia.", ,-, : • The message calls attention to'the. law regardiiig patent medicines: m New. Zealand, which for several years : has been in. a-very curious state.: When tho Public Health, Act wns passed, in. 1900, it was. thought that legist, lation had at last been provided, to check, tho operations of' the loss.. respectable, proprietors of patent medicines.;:Section. 101 of .tho Act provided:—, '-...•' ...-....' -i•■•.' ■'. >• "Tho Governor 'may' from time'ftoHime make regulations for any.'purpose'for; which in,his opinion they are contemplated;or quired by this part of this' Act, '■'including', , amongst other things, the purposes following: : - " (1)' Thc ; inspection ;'a'h.d analysis ,;pf.' drugs, chemicals", and patent; medicines.'. "(2) Prohibiting tlio-'sale and p.rpviding fqr the destruction'of .such..drugs, ' chemicals, and patent, .medicines as. are. adulterated. . ';,.-. ..■■.;■■ ••, %■ "(3) 'Requiring the ingredients i/f patent 'medicines to bo .disclosed at,.,or prior to the sale thereof. . il:: , .... .;.,, " (4) Imposing penalties-not exceeding. £50 for any breach of the regulations."., ,■;., This appeared.to bo plain language,-but when the question • camo up of applying the provisions of tho'Act, it was found that the foi'al sonso and common sense of the term "patent medicine" are very different'.:- In law this much-misunderstood term denotes a medical formula for which a patent'has been obtained, and of which, theoretically at least; the nature is already known and recognised,' though, as a matter of.fact, only the'.name , , is generally patented, and not the drug, itself. Under the circumstances, no regulations were over enforced under tho Act, and. a Bill will be considered this session which seeks to pro l vide more practical" powers. • ' - • 'In Victoria provision is made under the. Pure Foods Bill for compulsory labelling; of patent medicines, whose contents are indicated as the-law directs. Proprietors of such medicines are not made to divulge the quantities of their constituents, and-wo understandthat that has nover. been suggested: in this country. Tho regulations do not compel any " disclosure of ■•trado secrets '.' which could involve "tho abolition of trade proprietaries in Australijy." Tboro are scores of reputable' patent medicines of which the constituents are well known, but other chemists could not possibly manufacture them so'as to achieve the same results as their proper makers'. It is sug-.,. gcst'Cd that the resolutions of the subjection . of the London Chamber of Commerce have-been-made as the result of pressure brought to-bear by tho patent medicine proprietors,. who have a very energetic secretary, and it' is pointed out that in tho case of those disreputable makers, whom alone the law seekf to frustrate, a sworn 'declaration on-their, part that tlicir preparations. do, not, contain particular drugs would not instil-any confidence.