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26. "Drug Terminology and the Urgent Need for Reform," New England Page Journal of Medicine, July 7, 1960.

27. "The Council on Pharmacy and Chemistry-Membership, Activities, Method of Operations, Attainments," Dr. Austin Smith, J.A.M.A., February 12, 1955__

28. "United States Food and Drug Administration and the Pharmaceutical
Industry," by Dr. Joseph Garland, British Medical Journal, May
20, 1961

29. AMÁ resolutions and actions, presented by State medical associations.
30. Code for Advertising, the Physicians' Council, August 1957--
31. Further examples of promotional "education,' submitted by Dr.
Charles May..

32. Advertisements and accompanying material submitted by Dr. Charles
May

32A. (1) "Social Processes in Physicians' Adoption of a New Drug,'
James Coleman, et al., Journal of Chronic Diseases, January
1959...
32A. (2) "Dimensions of Being 'Modern' in Medical Practice," Herbert
Menzel, et al., Journal of Chronic Diseases, January 1959.
33. "The Pharmaceutical Industry," John G. Searle, et al., of the Profes-
sional Relations Committee, Pharmaceutical Manufacturers Asso-
ciation.
34.*The Fond du Lac study: An intensive study of the marketing of five
new ethical pharmaceutical products in a single market, resulting in
some theory of scientific marketing and service programs for action—
A basic marketing study made for the American Medical Association
by Ben Gaffin & Associates (full text).
36. Letter from W. B. Reynolds, General Mills, Inc., Minneapolis, Minn.,
to Representative Clark MacGregor, July 10, 1961, with covering
letter from Representative MacGregor to Senator Dirksen, July 14,
1961..

37. Letter from Noble J. Swearingen, director, Washington Office, Ameri-
can Public Health Association, July 14, 1961, enclosing statement
and resolutions of APHA
38. "Hazards of Modern Diagnosis and Therapy-The Price We Pay,"
Dr. David P. Barr, J.A.M.A., December 10, 1955
39. "The Testing of New Drugs and Other Therapeutic Agents,"
Isaac Starr, J.A.M.A., July 8, 1961....

566

569

576

579

600

603

617

648

667

688

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40. "Do Trade Name Drugs Cost Extra?" Good Housekeeping Magazine, July 1961

829

41. "Generic Prescribing? It Could Be Dangerous," Medical Economics, July 3, 1961.

831

42. "Effects of S. 1552 on the Public's Health," Eli Lilly & Co., June 30, 1961

832

43. "The Drug Explosion," Dr. Walter Modell, Clinical Pharmacology and Therapeutics, January-February 1961

849

44. "Too Many Drugs," Time magazine, May 26, 1961, relating to article by Dr. Walter Modell in Chemical Pharmacology and Therapeutics. 45. Letter by Dr. Austin Smith, Time magazine, June 16, 1961, commenting on previous article..

856

856

46. Statement by Dr. Allan M. Butler, September 2, 1961, on false statements by drug industry.

857

47. Codes and procedures of Physicians' Council, August 1947 48. Norlutin ad, J.A.M.A., April 30, 1960.

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52. Report on Norlutin, Council on Drugs of AMA, volume 169, No. 11. 53. "The Clinical Value of Drugs: Sources of Evidence," Dr. Mindel C. Sheps, American Journal of Public Health, May 1961.

885

886

54. Notice of proposal to amend labeling requirements, enforcement regulations, drugs and devices, new drugs; Food and Drug Administration; Federal Register, July 22, 1960.

894

55. "Chemical structure of tetracycline, chlortetracycline, and oxytetracycline," Patent Ownership and Licensing in Antibiotics Industry, Federal Trade Commission.

444

Exhibit 35 was not provided.

OTHER MATERIAL

Comparison of S. 1552 and present law which it would amend (committee

print)_

"Amendment of Antitrust Laws with Respect to Manufacture and Dis-
tribution of Drugs," statement by Senator Kefauver in Senate, April 12,
1961_

"Kelly, PMA Counsel, Analyses Kefauver-Celler Bills," Drug Trade News,

May 1, 1961.

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Letter from Dr. Charles May, August 28, 1961, on Council of Drugs re-
view of Celestone--

187

American Hospital Association, statement to subcommittee, August
8, 1961-

1181

American Medical Association, comments of August 21, 1961:

On subcommittee charts.

On Barclay article and DBI ad....

On Equanil and Miltown ads.

135

150

152

On Modell article and Tenuate ad.

160

On AMA advertising policies -

162

On J.A.M.A. advertising standards..

167

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A.

Report
of

Special Committee Advisory to

The Secretary of Health, Education, and Welfare
To Review the Policies, Procedures, and Decisions of
The Division of Antibiotics and the New Drug Branch of
The Food and Drug Administration

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Mission This Committee was appointed in June 1960 by the President of the National Academy of Sciences at the request of the Secretary of Health, Education, and Welfare. It was asked to review the policies and procedures used by the Food and Drug Administration in reaching decisions concerning the acceptance and certification of new drugs, including antibiotics, and the scientific soundness of the decisions made in recent years. The Committee was also invited to present such recommendations as it might consider desirable for the protection of the public health through the functions of the FDA.

B. Procedure The Committee met on 28 June to plan its activities and again on 8 September to discuss its findings and formulate its recommendations. In both meetings it had the assistance of representatives of the Secretary's office and the FDA, who cooperated by providing pertinent information and answering questions arising from the study. The necessary legal steps were taken to permit members unrestricted access to the FDA files. In addition, an extensive file of documents concerning the law and regulations, policies and procedures, staffing and organization, and other pertinent matters was forwarded to each member for background and reference. (A list of these documents is appended.)

It

It was at once apparent that the Committee could not hope in any reasonable period to examine all, or even a large proportion, of the thousands of voluminous applications for certifiable antibiotic preparations and new drugs. processed under the Federal Food, Drug, and Cosmetic Act in recent years. was therefore decided that the members would select for detailed study a limited number of preparations which they considered to be of especial significance. In all, 29 applications were reviewed, covering 3 preparations of certifiable antibiotics, 14 of antibiotics classed as new drugs, and 12 of other new drugs.

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C. Conclusions While the proportion of decisions studied was necessarily small, the Committee believes its sampling to be sufficiently representative, particularly of preparations which have been the subject of some controversy, to provide a reasonable basis for conclusions as to the performance of the FDA staff in protecting the public health.

Taking into account the limitations of the FDA's authority, funds, and scientific personnel, the Committee found the decisions it reviewed acceptable, despite certain deficiencies in the quality and quantity of the data upon which they were based. It found no evidence of disregard for the public health, and noted that appropriate action had been taken when hazards were established by subsequent clinical experience.

folio 932

459

Nevertheless, the Committee concluded that certain weaknesses inherent in the existing law and current staffing and budgetary support hamper the FDA in its task of protecting the public health. Accordingly, it has addressed its recommendations primarily to the correction of these defects. The increasing rate at which medical research is expanding and new and powerful drugs are being developed is multiplying the number of potential hazards to be controlled. Therefore, the Committee believes it essential that these recommendations be acted upon with the least possible delay.

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1. The FDA should be given statutory authority to require proof of the efficacy, as well as the safety, of all new drugs. Treatment of a patient with an ineffective drug in place of an effective one may jeopardize his recovery. This is true even though the drug may not be intrinsically harmful, and even though the specific condition for which the drug is given may not be ordinarily regarded as life-threatening.

2. The FDA should be given statutory authority to require manufacturers of new drugs to maintain records and submit reports of clinical experience and other relevant data, not only before but after the drug is released for sale, as requested by the Commissioner in his proposed Factory Inspection and Drug Amendments of 1960. Any evaluation of a new drug is subject to revision in the light of broader experience, and the FDA must be in a position to advise the profession and warn the public promptly whenever new hazards are revealed.

3.

The FDA should be given statutory authority to apply certification procedures to all antimicrobial agents used in the prophylaxis and treatment of infectious diseases. The Committee sees no reason for limiting certification to those antibiotic preparations which happen to have come on the market prior to 1950, and further believes that all agents employed for equally serious conditions should be subject to equivalent measures of control.

4. The Committee recognizes the importance to the public health of ensuring that all drugs are prepared under the highest standards of quality control. It therefore endorses the Commissioner's proposals in the Factory Inspection and Drug Amendments of 1960 to clarify and strengthen existing inspection authority, and to require that all drugs be manufactured and packaged under adequate controls.

5.

The Committee believes that the information supplied to physicians
concerning drugs should be not only accurate, but also complete,
and that the date of such information is essential to its proper
evaluation. It therefore endorses the proposed amendments to
present labeling requirements published by the Commissioner in
the Federal Register for 22 July 1960.

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