Figure 14.—Opodeldoc Bottle as illustrated in the 1879 Catalog of Hagerty Bros., New York City, New York.
Thus as the present century opened, the old English patent medicines were still being sold. City druggists were dispensing them over their counters, and the peddler's wagon carried them to remote rural regions.[114 ] But the medical scene was changing rapidly. Improvements in medical science, stemming in part from the establishment of the germ theory of disease, were providing a better yardstick against which to measure the therapeutic efficiency of proprietary remedies. Medical ethics were likewise advancing, and the occasional critic among the ranks of physicians was being joined by scores of his fellow practitioners in lambasting the brazen effrontery of the hundreds of American cure-alls which advertised from newspaper and roadside sign. Journalists joined doctors in condemning nostrums. Samuel Hopkins Adams in particular, writing "The Great American Fraud" series for Collier's Weekly, frightened and aroused the American public with his exposure of cheap whiskey posing as consumption cures and soothing syrups filled with opium. Then came a revolution in public policy. After a long and frustrating legislative prelude, Congress in June of 1906 passed, and President Theodore Roosevelt signed, the first Pure Food and Drugs Act. The law contained clauses aimed at curtailing the worst features of the patent medicine evil.
The Patent Medicines In The 20th Century
Although the old English patent medicines had not been the target at which disturbed physicians and "muck-raking" journalists had taken aim, these ancient remedies were governed by provisions of the new law. In November 1906 the Bureau of Chemistry of the Department of Agriculture, in charge of administering the new federal statute, received a letter from a wholesale druggist in Evansville, Indiana. One of his stocks in trade, the druggist wrote, was a remedy called Godfrey's Cordial. He realized that the Pure Food and Drugs Act had something to do with the labeling of medicines containing opium, as Godfrey's did, and he wanted to know from the Bureau just what was required of him.[115 ] Many manufacturing druggists and producers of medicine were equally anxious to learn how the law would affect them. The editors of a trade paper, the American Druggist and Pharmaceutical Record, issued warnings and gave advice. It was still the custom, they noted, to wrap bottles of ancient patent medicines, like Godfrey's Cordial and Turlington's Balsam, in facsimiles of the original circulars, on which were printed extravagant claims and fabulous certificates of cures that dated back some two hundred years. The new law was not going to permit the continuation of such 18th-century practices. Statements on the label "false or misleading in any particular" were banned.[116 ]
A few manufacturers, as the years went by, fell afoul of this and other provisions of the law. In 1918 a Reading, Pennsylvania, firm entered a plea of guilty and received a fifty dollar fine for putting on the market an adulterated and misbranded version of Dr. Bateman's Pectoral Drops.[117 ] The law required that all medicines sold under a name recognized in the United States pharmacopoeia or the National formulary, and Bateman's was included in the latter, must not differ from the standard of strength, quality, or purity as established by these volumes. Yet the Bateman Drops produced in Reading, the government charged, fell short. They contained only 27.8 percent of the alcohol and less than a tenth of the morphine that they should have had. While short on active ingredients, the Drops were long on claims. The wrapper boasted that the medicine was "effective as a remedy for all fluxes, spitting of blood, agues, measles, colds, coughs, and to put off the most violent fever; as a treatment, remedy, and cure for stone and gravel in the kidneys, bladder, and urethra, shortness of breath, straightness of the breast; and to rekindle the most natural heat in the bodies by which they restore the languishing to perfect health." Okell and Dicey had scarcely promised more. By 20th-century standards, the government asserted, these claims were false and fraudulent.
Other manufacturers sold Bateman's Drops without running afoul of the law. In 1925, ninety-nine years after the Philadelphia College of Pharmacy pamphlet was printed, one North Carolina firm was persuaded that it still was relevant to tell potential customers, in a handbill, that its Drops were being made in strict conformity with the College formula.[118 ] For Compound Tincture of Opium and Gambir Compound, however, most manufacturers chose to follow the National formulary specifications, which remained official until 1936.
Another old English patent medicine against which the Department of Agriculture was forced to take action was Hooper's Female Pills. Between 1919 and 1923, government agents seized a great many shipments of this ancient remedy in versions put out by three Philadelphia concerns.[119 ] Some of the packages bore red seals, others green seals, and still others black, but the labeling of all claimed them to be "a safe and sovereign remedy in female complaints." This theme was expanded in considerable detail and there was an 18th-century ring to the promise that the pills would work a sure cure "in all hypochondriac, hysterick or vapourish disorders." No pill made essentially of aloes and ferrous sulphate, said the government experts, could do these things. Nor did the manufacturers, in court, seek to say otherwise. Whether the seals were green or red, whether the packages were seized in Washington or Worcester, the result was the same. No party appeared in court to claim the pills, and they were condemned and destroyed.
In one of the last actions under the 1906 law, a case concluded in 1940, after the first federal statute had been superseded by a more rigorous one enacted in 1938, two of the old English patent medicines encountered trouble.[120 ] They were British Oil and Dalby's Carminative, as prepared by the South Carolina branch of a large pharmaceutical manufacturing concern.