W. A. Puckner, Secretary.

COMMERCIAL HISTORY OF CINCHOPHEN

The substance, 2-phenyl-quinolin-4-carboxylic acid, was described by Doebner and Gieseke in 1887 (Ann. d. Chem. [Liebig’s] 242:291). The therapeutic properties of this compound were described by Nicolaier and Dohrn in 1908 (Deutsch. Arch. f. klin. Med. 93:331). Subsequently the product was placed on the market and extensively advertised by the Chemische Fabrik auf Actien (vorm. E. Schering), Berlin, Germany. This firm also took out a patent in the United States on its production and in 1911 secured a U. S. trademark on the name “Atophan.” In 1912 Atophan was passed on by the Council and admitted to New and Non­official Remedies.

When the government of the United States took charge of German-owned patents during the World War, the Federal Trade Commission, and later the Chemical Foundation, Inc., issued licenses to American firms whereby these were authorized to manufacture the compound. In the meantime, Schering and Glatz, Inc., who had been the U. S. representatives for the Chemische Fabrik auf Actien, also undertook to supply the drug, but did not obtain a license from the boards in charge of German patents. Also, this firm secured, in 1919, a trademark of the word “Atophan,” apparently after the German-owned trademark had been canceled.

The drug “Atophan” was admitted to the U. S. Pharmacopeia as “Phenyl­cinchoninic Acid (Acidum Phenyl­cinchon­inicum).” As this name proved too cumbersome, the Council on Pharmacy and Chemistry coined the abbreviated name “Cinchophen” for it, and this name is now used by all the firms which are marketing the product in the United States, with the exception of Schering and Glatz, Inc., who use the term “Atophan,” first owned by the Chemische Fabrik auf Actien.

ATOPHAN, A BRAND OF CINCHOPHEN

Because of the confusion which is bound to arise from giving various names to one drug, the Council selects a common name and provides standards of identity, purity and strength for any drug which, by reason of the absence or lapse of patent rights or for other reason, is open to manufacture by more than one firm. The Council, then, will accept such article only if it is marketed under the title adopted for New and Non­official Remedies. The rules provide, however, that when the Council adopts a common name for an article that has been admitted under another name, such article will be retained in New and Non­official Remedies under the older name if the Council name is given prominence on the label and in the circulars and advertisements, in order to avoid confusion. Accordingly, when the period of acceptance for Atophan in New and Non­official Remedies was about to expire, Schering and Glatz were notified that Atophan could be retained in that publication only on condition that the name, “Cinchophen,” or else the pharmacopeial name, “Phenyl­cinchoninic Acid (Acidum Phenyl­cinchon­inicum)” be placed on the label and used in the circulars and advertising.

UNWARRANTED THERAPEUTIC CLAIMS FOR ATOPHAN

At the time that the Council asked Schering and Glatz to adopt cinchophen or phenyl­cinchoninic acid as a synonym for Atophan, the firm was also requested to omit from future advertising a number of therapeutic claims to which the Council was obliged to take exception. Schering and Glatz refused the first request and made no definite promise with regard to the second. The Council, therefore, directed the omission of Atophan from New and Non­official Remedies, 1921.

The advertising to which the Council took exception does not appear to be distributed at present. A pamphlet has been sent out, however, which is equally objectionable. It contains unwarranted therapeutic claims and suggests that Atophan be used in conditions in which it is not indicated. For instance: