PROPRIETARY REMEDIES

Southland Times, Issue 24887, 29 October 1942, Page 2

PROPRIETARY REMEDIES

CONTROL OVER CLAIMS (Special) AUCKLAND, October 28. In the opinion of Auckland chemists and others dealing in proprietary remedies, it is impossible yet to predict the effect of the new Medical Advertisements Act on the selling methods of patent medicine manufacturers, or on sales of the more widely publicized lines carried by both chemists and storekeepers. The board to be set up under the Act will be vested with wide discretionary powers, and almost everything will depend on how it uses them. . With only a few exceptions—probably less than half a dozen—patent medicines of the classes sold by storekeepers make limited and fairly modest claims on their outer labels. The board, nowever, will be concerned with all printed matter the proprietors may issue, together with all kinds of advertisements, written or spoken over the air, and with published testimonials, over which special control is given. THE STOCK REMEDIES ACT

“Personally, I do not believe that sales of well-known patent medicines will be affected by restrictions on advertising,” said a leading chemist. A sick person who for any reason has failed to get relief frorii doctors will try all kinds of things. If he is convinced that a patent remedy has done, him good, nothing will shake that belief. It does not matter if a chemist says that he can make up an equivalent medicine at half the cost; the patient will be certain that the proprietary article is the best and only thing.” It has been a matter of comment for a number of years that whereas farmers and their livestock have been protected against misrepresentation by the Stock Remedies Act 1934, much less thorough control has been exercised over medicines for human consumption. Even the new legislation does not go so far as the Stock Remedies Act, which provides that no stock remedy may be sold unless it has been registered by an expert board. In order to obtain registration, the proprietor must make a statutory declaration setting out the formula, method of manufacture and preventive or remedial properties claimed, and he must be prepared to substantiate all claims made. Labelling and advertising are also controlled. CONTROL OVER PRACTITIONERS Examination of the Medical Advertisements Act shows that it goes considerably beyond control of patent medicine advertising. The term “medical advertisement” includes one “claiming ability to diagnose, prevent, alleviate, treat or cure any ailment, disorder, deformity or defect of the human body, or to alter the nutrition or structure or any function of the human body.” This appears to give control over advertising by herbalists and other practitioners not on the medical register. Cosmetics and dentifrices, which are specially mentioned, come within the scope of the legislation. While the Act does not give the board power to censor formulae or ban preparations from sale, the board may specify diseases or disorders .which no one by publication may claim to be able to “diagnose, prevent, alleviate, treat or cure.” It may also require particular drugs to be declared on the labels of preparations containing them and may prohibit the mention of others in any advertisement.

The contents of patent medicines remain governed by earlier legislation, including the Sale of Food and Drugs Act, the Poisons Act and the Dangerous Drugs Act.

MANUFACTURING CHEMISTS’ REQUESTS

(P.A.) DUNEDIN, October 28. The opinion that the Medical Advertisements Act fell short of the requirements of British justice in that it did not give the right of appeal to persons or firms which might bo affected by its provisions was expressed at a meeting today of Dunedin manufacturing chemists. The following resolution was carried: “That in the opinion of the Dunedin manufacturing chemists’ group the Medical Advertisements Act is a very necessary measure, but provision should be made for everyone to have the right of appeal, as the Act as it stands does not savour of British justice.” It was decided to ask the New Zealand Manufacturers’ Federation to place the views of the group before the Government.