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8. 1944

and its label fails to bear the name of the food and of each ingredient in the order of predominance by weight. Secretary authorized to require by regulation such further information on the label as may be necessary to prevent deception.

SEC. 8. (a) A drug misbranded if labeled with the name of a disease for which it is a palliative but not a cure and fails to state that it is not a cure, or if its label bears any statement concerning the effect of the drug contrary to the general agreement of medical opinion

(b) Labels for drugs containing any narcotic or hypnotic substance must bear the name and quantity of such substance with the statement, "Warning! May be habit-forming."

(c) Presence and amount of alcohol, ether, and chloroform must be declared on the labels.

(d) Methods of use must be prescribed on the labels.

(e) Drugs sold under names not recognized in Pharmacopoeia or Formulary required to bear their common name, if there is any, and the name and quantity of each medicinal ingredient. The Secretary is authorized to require such further information on the label as may be necessary to protect public health.

(1) Pharmacopoeial and Formulary drugs must be packed and labeled as required by these authorities.

(g) Drugs liable to deterioration must be packaged and labeled as required by regulations.

(h) A drug misbranded if its container is deceptive, or if it imitates another drug, or if it is offered for sale under the name of another drug.

(1) Germicides and antiseptics must kill micro-organisms under conditions of use indicated in labeling.

SEC. 9 (a) and (b) Advertising of food, drugs, and cosmetics defined as false if misleading in any particular.

of

(c) Public advertising drugs for diseases wherein selfmedication may be dangerous prohibited.

SEC. 10. Secretary authorized to prohibit added poisons in food and cosmetics, or prescribe tolerances for them.

SEC. 11. Secretary authorized to establish definitions of identity and standards of quality and all of container for food.

SEC. 12. Secretary authorized to require permits for interstate shipment of classes of food, drugs, and cosmetics which by reason of conditions surrounding their manufacture may he injurious to health, and where their injurious nature cannot be adequately determined after interstate shipment.

SEC. 13. Inspectors authorized to make inspection of factories, warehouses, and other establishments in which food, drugs, or

PRESENT LAW

S. 1944

cosmetics are manufactured or held. Provision made to enjoin interstate shipments from factories or warehouse refusing privilege of inspection.

SEC. 14. Interstate carriers of food, drugs, and cosmetics, and interstate consignees of such articles, required to permit inspectors to copy records showing interstate shipment.

SEC. 15. Authorizes the Department to investigate food, drugs, and cosmetics, through its own agents or through State or city officials. Prescribes duties of United States attorneys to whom violations of the act are reported. Requires Secretary to give opportunity for hearing before criminal prosecution.

SEC. 16. Authorizes seizure of articles in violation of the law by process pursuant to libel, or in cases where there is probable cause to believe that articles are adulterated so as to be imminently dangerous to health, upon the order of an officer of the Department, after which jurisdiction of the court attaches. Where recovery is had in a suit against an officer by reason of seizure on probable cause, judgment will be paid out of appropriations for the administration of this act. Courts authorized to dispose of articles condemned after seizure by destruction or sale. Proviso made that seized goods may be returned to the claimar.t under bond for destruction or for bringing them into compliance with the law if this can be done.

SEC. 17. Provides penalties of imprisonment and fine for both first and subsequent violations of act; repeated offenders and willful offenders subjected to heavy penalties. Exempts publishers and radio broadcasters and advertising agencies from penalties. if they furnish name of person responsible for the advertising. Exempts dealers from prosecution who hold guaranties. Prohibits forging of label identification devices authorized by regulations under sections 12 and 22.

SEC. 18. Provides for liability of officers of corporations violating the law.

SEC. 19. To avoid multiplicity of seizure and criminal proceedings United States courts are vested with jurisdiction to restrain repetitious violations by injunction.

SEC. 20. Lays down procedure for excluding adulterated, misbranded, and falsely advertised food, drugs, and cosmetics from importation.

SEC. 21. Secretary authorized to publish all court proceedings and to disseminate such other information regarding food, drugs, and cosmetics as may be necessary to protect the public health or to protect the public against fraud.

SEC. 22. Secretary authorized upon application of manufacturers to designate supervisory inspectors in factories of food, drugs, and cosmetics, who, if the goods conform to the requirements of the act, will permit the use of marks showing compliance with the act and such other information as the regulations may provide. Such services to be paid for by appμ

1933

S. 1944

cant and proceeds to be turned into the Treasury for use by the Secretary in expenditures incurred in carrying out this section.

SEC. 23. Secretary authorized to prescribe rules and regulations for carrying out the provisions of the act except those relating to imports. Secretaries of Treasury and Agriculture authorized to prescribe regulations covering imports. Sections 9 and 10 of Federal Trade Commission Act Incorporated by reference.

SEC. 24. Authorizes suit for personal injuries caused by violation of the act.

SEC. 25. Separability clause. SEC. 26. Exective date and repeals.

PRESENT LAW

Regulations made by Secretaries of Treasury, Agriculture, and Commerce. No provision similar to sections 9 and 10 of Federal Trade Commission Act.

Contains no such provision.

Contains no such provision.

5723

The VICE PRESIDENT. Is there objection to the present consideration of the resolution?

There being no objection, the resolution was considered and agreed to.

THE HOME-OWNERS LOAN CORPORATION (S.DOC. NO. 74) On motion by Mr. HAYDEN, on behalf of the Committee on Printing, a statement by W. F. Stevenson, Chairman of the Federal Home Loan Bank Board, entitled "The HomeOwners Loan Corporation was ordered to be printed as a Senate document.

COST OF LIVING AND WAGE CUTS—STATEMENT BY ETHELBERT

STEWART

1. Extension of jurisdiction to advertising.

2. Inclusion of cosmetics.

3. Authorization to limit added poisons in food to specific tolerances.

4. Authorization to establish definitions and standards for food. 5. Authorization to require permits when food may be injurious and public cannot be effectively protected by other provisions. 6. Provision to control more adequately false or misleading therapeutic claims on drugs.

7. Requirement for fully informative labeling of food and drugs. 8. More adequate remedial provisions.

[From Labor, June 6, 1933]

STEWART HITS "COST OF LIVING" FIGURES; USE TO DEFEND WAGE CUTS CALLED A CRIME-FAMOUS STATISTICIAN DECLARES GOVERNMENT DATA ARE MISLEADING AND VICIOUS; WORKERS NEVER REACHED DECENT STANDARD

REQUEST FOR RETURN BY THE PRESIDENT OF RAILROAD-RELIEF

In the passage of the railroad bill the conference report left out two words. The bill has gone to the White House, and we are anxious to have it recalled from the White House. Out of order, therefore, I ask unanimous consent to submit a concurrent resolution, and ask for its immediate consideration.

The PRESIDING OFFICER (Mr. POPE in the chair). Is there objection?

Mr. McNARY. Mr. President, before granting permission I should like to have the concurrent resolution read. The PRESIDING OFFICER. The concurrent resolution will be read.

The Chief Clerk read the concurrent resolution (S.Con.Res. 5), as follows:

Resolved by the Senate (the House of Representatives concurring), That the President of the United States be, and he is hereby, requested to return to the Senate the enrolled bill (S. 1580) to relieve the existing national emergency in relation to interstate railroad transportation, and to amend sections 5, 15a, and 19a of the Interstate Commerce Act, as amended.

Resolved further, That in the event the said bill is returned by the President, the action of the Speaker of the House of Representatives and of the Vice President of the United States in signing the said enrolled bill be rescinded, and that the Secretary of the Senate be, and he is hereby, authorized and directed to reenroll the said bill with the following amendment, namely: In section 13, after the word "conditions". insert the words "and relations."

There being no objection, the concurrent resolution was considered by unanimous consent and agreed to. REDUCTIONS IN PERSONNEL AND COMPENSATION AND CURTAILMENT OF SCIENTIFIC RESEARCH ACTIVITIES

Mr. MCCARRAN. Mr. President, I ask unanimous consent for the present consideration of the resolution which I send to the desk.

Mr. McNARY. Let it be reported.

The VICE PRESIDENT. The resolution will be reported. The resolution (S.Res. 101) was read, as follows:

Resloved, That the Secretary of the Interior, the Secretary of Agriculture, and the Secretary of Commerce are requested to furnish the Senate at once all available information as to any reductions in personnel, cuts in compensation, or curtailment of activities within the past year in connection with Federal scientific research or experimentation, carried on or conducted by said Departments or any bureau or agency thereunder.

FIGURES ARE MISLEADING

The figures on which that conclusion is based, Stewart points out in an article which will appear in the June issue of the Railroad Trainman, are 15 years old and their use as an argument, or as a basis for reduction of wages, "is a crime, a fraud, and an outrage." They are so misleading, he says, "as to be actually

vicious."

"The Bureau of Labor Statistics never intended for 1 minute that this survey of 1918 should be used as a basis of computing the cost of living in 1933", Stewart emphasizes. And particular weight attaches to that statement in view of the fact that he was in charge of the Bureau when it made the survey.

As far back as 1926 Stewart protested that the 1918 standard-ofliving figures had become obsolete. They are still more unsound today. Furthermore, he points out, the 1918 survey merely undertook to secure statistical information as to how the workers in 92 industrial centers lived and what it cost them. NEVER MEANT AS STANDARD

"The bureau". he explains, "never said and never meant to indicate that the conditions it found were to be set up as a standard, or to be considered even normal, much less ideal."

Yet all the wage cutters base their arguments-when they feel it is necessary to offer an alibi for sandbagging their employeeson the cost-of-living indices as put out by the Bureau of Labor Statistics today which, Stewart solemnly declares on his reputation as a statistician, "are based upon standards that no longer exist and as far as the individual families are concerned could not possibly exist."

Stewart, a pioneer in the old Knights of Labor movement and a veteran of that organization's early struggles, sounds a fighting note in his statement-the arst public utterance he has made since he retired from Federal service.

BLASTS "COST OF LIVING "

"I will not keep still", he says. "I will not by my silence seem a party to an attempt to crowd the American workmen back to the living conditions, into the status of 15 years ago."

And this is what he thinks of the whole theory of the "cost of living" basis for wage rates:

in all the realms of statistical thinking. "The fixed standard of living is perhaps the most vicious fallacy • There can be nothing that could produce greater mental anguish and physical discomfort than to crowd the workers back into an economic condition which they had outgrown.

IGNORES HUMAN RIGHTS

"I never did believe and do not now believe in cost of living' or 'standards of living' as a basis for wage rates. The whole theory and idea grows out of a system of economics utterly lacking in social outlook and utterly oblivious of human rights. I have hated it progressively with my advancing years." (He is 76 years of age.)

And the old veteran drops this verbal bomb into the camp of the wage slashers: