HEALTH FRAUDS AND QUACKERY HEARINGS BEFORE TIHE SUBCOMMITTEE ON FRAUDS AND MISREP- RESENTATIONS AFFECTING THE ELDERLY OF THE SPECIAL COMMITTEE ON AGING UNITED STATES SENATE EIGHTY-EIGHTH CONGRESS SECOND SESSION PART 3 MARCH 10, 1964 Printed for the use of the Special Committee on Aging e*. U.S. GOVERNMENT PRINTING OFFICE 31-135 WASHINGTON: 1964 For sale by the Superintendent of Documents, U.S. Government Printing Office Washington, D.C.,20402 - Price 25 cents SPECIAL COMMITTEE ON AGING GEORGE A. SMATHERS, Florida, Chairman PAT McNAMARA, Michigan EVERETT McKINLEY DIRKSEN, Illinois CLAIR ENGLE, California BARRY GOLDWATER, Arizona HARRISON A. WILLIAMS, Js., New Jersey FRANK CARLSON, Kansas MAURINE B. NEUBERGER, Oregon WINSTON L. PROUTY, Vermont WAYNE MORSE, Oregon KENNETH B. KEATING, New York ALAN BIBLE, Nevada HIRAM L. FONG, Hawaii FRANK CHURCH, Idaho E. L. MECHEM, New Mexico JENNINGS RANDOLPH, West Virginia EDMUND S. MUSKIE, Maine EDWARD V. LONG, Missouri FRANK E. MOSS, Utah EDWARD M. KENNEDY, Massachusetts RALPH W. YARBOROUGH, Texas J. WILLIAM NORMAN, Jr., Staff Director JOHN Guy MILLES, Minority Staff Director SUBCOMMITTEE ON FEAUDS AND MIsREPREsENTATIoNs AFFECTING THE ELDERLY HARRISON A. WILLIAMS, JR., New Jersey, Chairman MAURINE B. NEUBERGER, Oregon KENNETH B. KEATING, New York WAYNE MORSE, Oregon WINSTON L. PROUTY, Vermont FRANK CHURCH, Idaho HIRAM L. FONG, Hawaii EDMUND S. MUSKIE, Maine E. L. MECHEM, New Mexico EDWARD V. LONG, Missouri EDWARD M. KENNEDY, Massachusetts RALPH W. YARBOROUGH, Texas WILLIAM E. ORIOL, Professional Staff Member NOTE.-Hearings on medical quackery and health frauds were held and they are identi- fied as follows: Part 1-San Francisco, Calif., Jan. 13,1964. Part 2-Washington, D.C., Mar. 9,1964. Part 3-Washington, D.C., Mar. 10, 1964. Part 4a 1Washington, D.C., Apr. 6,1964. Part 4b (Eye care.) II I CONTENTS CHRONOLOGICAL LIST OF WITNESSES Irving Ladimer, vice president and director, Food, Drug, and Cosmetic Page Division, National Better Business Bureau, Inc - 259 Henry B. Montague, U.S. Chief Postal Inspector; accompanied by Adam G. Wenchel, Associate General Counsel; and William F. Callahan, Director, Fraud and Mailability Investigations Division, Bureau of Chief Postal Inspector - 282 Dr. Frederick J. Stare, chairman, Department of Nutrition, School of Public Health, Harvard University; accompanied by Dr. Dena C. Ceder- quist, School of Home Economics, Michigan State University -286 Dr. Dena C. Cederquist, School of Home Economics, Michigan State Uni- versity -306 Dr. Allen Doner, Northwestern University, American Dental Society; ac- companied by Hal M. Christensen, Washington counsel, ADA -321 Dr. R. N. Grant, director, professional education, American Cancer Society; accompanied by Miss Irene Bartlett - 329 STATEMENTS American Dietetic Association - 315 Cederquist, Dr. Dena C., chairman, Department of Foods and Nutrition, Michigan State University - 312 Gilbert, Mae Jean, affidavit, dealing with a fraudulent medical device- 339 Grant, Roald N., M.D., director of professional education; American Cancer Society -334 Stare, Frederick J., M.D., professor of nutrition, chairman, Department of Nutrition, Havard University - 296 Supplemental statement on dental quackery by the American Dental Association - 325 ADDITIONAL INFORMATION Boston Nutrition Society, Inc., Plaintiff v. Frederick J. Stare, Defendant-- 299 Combating Food Misinformation and Quackery, speech by Ruth L. Huene- mann, D. Sc., University of California, Berkeley -316 Safeguards To Combat Exploitation of Older Consumers, speech by Dr. Irving Ladimer - 263 Tape recording of interviews with members of Educational Alilance of New York City, conducted by Irving Ladimer -279 Food Faddism-A Growing Threat by Adelia M. Beeuwkes, University of Michigan School of Public Health - 341 m HEALTH FRAUDS AND QUACKERY Part 3 TUESDAY, MARCH 10, 1964 U.S. SENATE, SUBCOri3nrEE ON FRAUDs AND MISREPRESENTATIONS AFFECTING THE ELDERLY, OF TIE SPECIAL CoMmTrEE ON AGING, Washington, D.C. The subcommittee met at 8:50 a.m., pursuant to recess, in room 4200, New Senate Office Building, Senator Harrison A. Williams, Jr. (chair- man of the subcommittee) presiding. Present: Senators Williams, Neuberger, Yarborough, and Fong. Staff members present: William E. Oriol, professional staff mem- ber; Gerald P. Nye, professional staff member; Patricia Slinkard, chief clerk; and Marion Keevers, minority chief clerk. Senator WILLIAMIS. The subcommittee will come to order, please. We will begin our hearings this morning with Dr. Irving Ladimer, director of the Food, Drug, and Cosmetic Division of the National Better Business Bureau, Inc., and Vice President too, of the organiza- tion. Dr. Ladimer was with us yesterday. We certainly appreciate his staying over to be with us this morning. STATEMENT OF IRVING LADIMER, VICE PRESIDENT AND DIREC- TOR, FOOD, DRUG, AND COSMETIC DIVISION, NATIONAL BETTER BUSINESS BUREAU, INC. Dr. LADDiER. I will get down to business as quickly as possible, because we have a number of very important matters to discuss. I represent the National Better Business Bureau, Inc., and am vice president in charge of the food, drug, and cosmetic division. In addition, I have been a consultant on problems of the aging when I was a Federal employee, as well as for the State and the city of New York and several voluntary and social agencies. This is the second time that the bureau has had the privilege of speaking before your committee. You may recall that our president, Mr. Kenneth B. Willson, testified on January 16, 1963, and reported on a wide field of problems involving the exploitation of our elderly citizens. Since his remarks appear in your records, I shall not repeat the details of the bureau movement. I do wish to point out, however, as he did, that we believe that the great majority of American business is honest and deals in a responsible way with the public generally and with our senior population. Most advertisers go to considerable pain 259 260 HEALTH FRAUDS AND QUACKERY to insure the accuracv and propriety of their claims and seek to correct inaccuracies or misleading statements when called to their attention. A small minority, however, does engage in questionable or underhand practice and it is this group which tends to defraud the public and to darken the name of American business. Better business bureaus, along with other voluntary protection groups, seek to raise standards and to develop public confidence in American industry, business, and commerce, and to assure that the consumer gets fair value for the trust which he should rightfully repose in our American system of free enterprise. From our records, it appears that the most widespread and flagrant depredations against the elderly occur in the field of health and well- being. To a great extent, however, advertising of medications, food, and health devices, and various programs to improve or maintain strength and vigor are not outright frauds. The fact is that most products advertised and sold directly to the public have some worth or value. These, however, are generally lim- ited either in their effectiveness or for a particular group. Therefore, the failure or the inability of the older consumer to distinguish between what is good or pertinent, and what is not, often arises because he is not properly informed or educated. It would not be fair to say that this lack constitutes the whole problem. Even the highly intelligent and experienced are cheated or shortchanged. But the elderly, in general, seem to be more vul- nerable. It has been asserted that because older people are weaker or sicker and have frequently been disappointed in the health measures which they have used, they are more eager to find a new remedy, perhaps an extravagantly advertised cure or "new discovery" which is pre- sented as the real answer. They also, of course, seek to regain a lost youth and, with increasing longevity, understandably wish to retain fading powers and former beauty. A review of our casework-that is, the daily roster of inquiries and complaints which we receive from consumers, from local bureaus, from huisinPq org nrizations, from advertisers and m^diums-indicates that most of our effort is related to nutritional preparations, both medical and dietary. The elderly are a special and large target for promoters of vitamin- mineral food supplements, diet products and programs, appetite con- trols, tonics of various sorts, and a host of so-called special foods in various forms. While it is true that many elderly people do not or cannot eat well, the Federal Food and Drug Administration has con- clusively demonstrated that the normal diet of the average American is generally sufficient. Supplementation and enrichment by vitamins or special diets should be obtained through prescription and under the supervision of a physi- cian who knows the personal condition of his patient. Yesterday I understand Commissioner Larrick spoke to you in greater detail, so I will not go into that again. Nevertheless, many promoters prey on the sense of insecurity and doubt prevalent among older people and try to sell varieties of prod- ucts on the theory of "insurance." The recent court decision, the Vita8afe case, which Commissioner Larrick also mentioned, upholds HEALTH FRAUDS AND QUACKERY 261 the Federal Government in its view that the labeling for a common vitamin formulation was not, as claimed, helpful for weakness, de- pression, tension, impotence, and some 30 other conditions, nor will it stave off the natural declines of our later years. The work in bringing this particular advertiser, as we know in our Bureau, to final judgment was costly and time consuming, involving not only investigation and inspection, but the testimony of medical witnesses, psychologists, as wel as technical preparation by lawyers and administrators. We hope that this landmark case sets an example in this field. It is perhaps too early to determine whether other promoters using other names for the same type of vitamin preparations will not continue to bilk the general public and the elderly in particular.