Legal and Legislative

Ally. 1932

AMERICAN PHARMACEUTICAL ASSOCIATION

Porto Rico last winter. A complimentary luncheon was given to Dean Bradley. Prof. Heber W. Youngken gave an illustrated paper on “Psyllium Seed.” The following officers were elected: President, L. W. Leonard, Randolph; Vice-Presidents, H. E. Coleman, Barre; Lawrence

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McShane, Bristol; George E. Donovan, Fair Haven ; Secretary- Treasurer, Welcome B. Eastman, St. Johnsbury. Resolutions were adopted favoring return t o botanical drugs and favoring cultivation of drug-yielding plants. The Association will meet next year at Lake Bomaseen in Castleton.

LEGAL AND LEGISLATIVE. SECTIONS O F EDUCATION LAW, NEW PORK, HELD UNCONSTITUTIONAL. (NEW YORK OWNERSHIP LAW.) A P P E A L TO BE TAKEN.

New York Appellate Division has handed down a decision which declares Sections 1354 and 1362 of the Education Law unconstitutional; these sections designate that the owner of a pharmacy must be a licensed pharmacistHyman Pratter had been denied a license to open a drug store, because he was not a licensed pharmacist. The judgment in favor of Pratter was based on the Ligget case, the court holding that it found no facts or circumstances of substance differentiating the two cases. An appeal will be taken to the Court of Appeals. CUBAN PHARMACY BILL. The Cuban Senate and House of Representatives have acted favorably on the following Bill for a pharmacy law, which awaits the consideration of the President: ARTICLEI. To exercise the profession of pharmacist in Cuba, in addition t o the requirements now necessary, it is required that such person be a Cuban citizen and that as an associate he belong to the National Pharmaceutical Association, either directly, or as a member of any one of the provincial or local Pharmaceutical Associations now in existence within the territory of the Republic, provided, however, that the latter maintain ties or relationships with the former. These ties or relationships of dependency are fixed or defined in the rules and regulations that will be issued for the purpose of this law. ARTICLE11. It shall devolve upon the National Pharmaceutical Association to furnish, free of charge, any information desired by the Courts of Justice and by other organizations of the State, in reference to problems of a technical nature that may arise, and required by the Courts and organizations referred to for their enlightenment, approval or examination.

ARTICLE 111. For drafting the rules and regulations, the Executive shall designate a commission to be composed of the Secretary of the Board of Health, the General Inspector of Pharmacy, or his deputy and three members of the National Pharmaceutical Association, nominated to that effect by its Managing Committee. The rules and regulations will have to be completed within the sixty days following the promulgation of this law. ARTICLEIV. All laws, regulations and any other provisions now in force and in opposition to the execution of this law are hereby canceled. PHARMACY LAW UNDER CONSIDERATION I N PORT0 RICO. An editorial in Revista Furmaceuticu de Puerto Rico is abstracted in the following: The pharmaceutical profession has brought to the attention of the legislature the need of legislation regulating the practice of Pharmacy. The Pharmaceutical Association and the Medical Association of Porto Rico have endorsed the movement and have written directly to the Governor of Porto Rico, the Speaker of the House of Representatives, and the president of the Senate. The letter from Secretary Kelly, of the ASSOCIATION, AMERICAN PHARMACEUTICAL dated March 29, 1932, is reproduced and followed by a letter from Secretary H. C. Christensen, of the National Association of Retail Druggists. Christensen’s letter acknowledges receipt of a copy of the measure “P. de la C 101” introduced in the House of Representatives of Porto Rico, on February 19, 1932, and expresses the hope that the bill before the legislature will be enacted before the legislature adjourns. He points out that the present law is not sufficient and that the new law will protect the profession and the public; will lead to better care being taken of prescriptions and will place responsibility in the hands of the profession, with power to act. He goes on t o state that only constant supervision, and punishment of offenders against the

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JOURNAL OF THE

law will bring about adequate protection of the public. He mentions that certain states in the United States have similar laws and that the Supreme Court of the United States in the case of L. K. Liggett us. T. J. Baldridge, Prosecutor General of Pennsylvania, et al., No. 34, recognized the necessity of enacting laws governing the practice of Pharmacy. The editorial mentions that no copy of the letter of the Medical Association of Porto Rico is at hand, but that they were officially informed by its president, Dr. Rafael Bernabe, that it had been sent. The need of the legislation is indicated. I t is pointed out, however, that certain individuals indirectly connected with the pharmacy are actively opposing the measure. The remainder of the editorial deals with the steps that are being taken by the legislature and the progress that is being made. STATE LEGISLATION. Two states have abandoned proposals to add state taxes to the sales of drug store articles which already carry Federal imposts, while a thud, Pennsylvania, is understood to be considering such a proposal. Louisiana had been considering a ten per cent tax on patent and proprietary remedies. The bill which would have brought this new levy down upon the drug store was introduced into the House, went into committee, and from there returned with an unfavorable report. It was then withdrawn. There had been considerable talk among New Jersey politicians and business men concerning a “final sale” tax of two per cent on cosmetics. A bill providing for such a tax was brought into the legislature and for a while the press carried reports of growing sentiment among industrial and state leaders in favor of the measure. The proposal has been abandoned and legislature has adjourned. Other state legislation now pending which will affect the drug trade follows: In Indiana a special session began on July 7tli to consider taxes. Louisiana House Bill 15 proposes an amendment t o the Constitution of Louisiana by providing that an income tax not to exceed ten per cent may be levied for state purposes. The present limit is three per cent. This bill has passed the House. House Bill 242 levies a graduated gross sales tax, from one-tenth of one per centum under $100,000 to two per cent on $1,000,000 up. House Bill 735, placing drugs, chemicals and

Vol. XXI, No. 8

poisons in registered druggists’ hands was defeated. INHALANTS MUST STATE ALCOHOL CONTENT. FOOD AND DRUGS ACT.

Misbranding-Failure of label to state alcoholic content-Inhalant as drug within meaning of act-Application of provision for statement of alcoholic content to preparation not used internally-Constitutionality of statute. A preparation intended for use as an inhalant in the treatment of head colds by placing a drop or two in the center of a folded handkerchief and inhaling the vapor therefrom, is a “drug” within the meaning of the Federal Food and Drugs Act (21 U. S. C. 10) which defines the term “drug” to include any substance “intended to be used for the cure, mitigation or prevention of disease of men or other animals.” A head or common cold is a “disease” within the statute. A provision of the statute defining misbranding to include the failure to state on the label on the package the alcoholic content of the preparation is applicable to such preparation, although an inhalant which cannot be taken internally. The statute so construed is not void on the theory that the alcoholic content does not render it harmful to the public health.-United States US. 11 Cartons, etc. (D. C., D. Md.)-7 U.S. Doily, 830, July2, 1932. NARCOTICS. FORFEITURE OF AUTOMOBILES FOR TRANSPORTATION-CONSTITUTIONALITY PROCESS OF LAW-FAIL-

OF STATUTE-DUE TO PROVIDE FOR

NOTICE TO OWNER.

A provision of the California Narcotic Law for the forfeiture of automobiles used in transporting narcotics is unconstitutional because violative of the due process of law clauses of the State and Federal constitutions for failure to provide for a notice to the owner and to accord the owner a hearing prior to the forfeiture. The statute provides for the forfeiture of an automobile so used regardless of the guilt or innocence of the owner. The fact that the conditionalbuyer of an automobile in possession thereof a t the time of its seizure was given notice and accorded a hearing did not satisfy the requirements of due process of law as to a finance company holding the title, on the theory that the interest of the company was subject to forfeiture if pur-

Aug. 1932

AMERICAN PHARMACEUTICAL ASSOCIATION

839

4. Bismuth Subnitrate, because of hydrolization, slowly liberates carbon dioxide from carbonates and bicarbonates in aqueous preparations. 5. All silver salts are reduced by light, organic matter or other reducing agents and should be prescribed accordingly. Colloidal silver solutions should be prescribed in quantities sufficient for only a few days’ use, since they quicklv deteriorate. 6 . Elixirs and other solutions of Barbital and its derivatives like Phenobarbital (luminal) usually contain the sodium salt of these compounds which makes them more quickly active. Hence, thev should not be prescribed with acid substances, which tend to precipitate the active ADDITIONAL EDITORIAL NOTES ingredient. 7. Pepsin is useless in alkaline media; likeAND OTHER ITEMS. wise pancreatin in acid media. Hence the deDr. C. Leonard O’Connell, for a number of sirability of not prescribing them with opposing years a member of the faculty of Pittsburgh preparations. College of Pharmacy, and for the past two 8. Calomel or other mercurous salts are years Associate Dean, has been elected Dean dangerous when prescribed with bromides, or of the School of Pharmacy of the University. iodides, since the highly toxic Mercuric BroThe Dean is well and favorably known for his mide, or Mercuric Iodide, is formed. activities in the State Association and also the 9. Ferric salts and iodides are incompatible, AMERICANPHARMACEUTICAL ASSOCIATION. since free iodine is liberated, due t o oxidation. Dr. Julius A. Koch, Dean of the School of The presence of an alkali citratr prevents this. Pharmacy for forty-one years, and member of Hence, tincture of ferric citrochloride is prefthe faculty for fifty years, has been elected erable to the plain tincture of ferric chloride. Dean Emeritus. 10. I n general, alkaloidal salts are precipitated by alkalies, iodine and tannin preparaINCOMPATIBLES. H. E. Benfield, chairman of the Policy Com- tions (including many tinctures and fluidexmittee of The Academy of Pharmacy and tracts). It is to be presumed, however, that the PHAR- skilful pharmacist will exercise his prerogatives Northern Ohio Branch of the AMERICAN and overcome these difficulties by the correct MACEUTICAL ASSOCIATION, has prepared the use of such pharmaceutical adjuncts as alcohol, following list of incompatibilities for physicians. glycerin, mucilage and syrup. 1. Acid-reacting substances, or preparaThe following formula for a modified Whittions containing them, like Fluidextracts of field’s Ointment has also been submitted for Ipecac or Ergot, Syrups of Orange or Squill, consideration by physicians. Solutions of Ammonium Acetate or Iron Chlo2 4 (gr. XL) ride should not be prescribed with alkaline sub- Acidi salicylic stances or preparations containing them, such Acidi benzoici 3 6(3i) Adipis Ian= as those of Rhubarb, Senega and Eriodictyon. Petrolati aa. Licorice is rendered less useful by acids. q. s. ad 60 0 (Zii) 2. Acetylsalicylic Acid (aspirin) is decomposed in aqueous solutions and should not be prescribed in such form. Alkalies in general PRICE-CUTTING PENALIZED I N hasten the decomposition of aspirin. Alkali ENGLAND. acetates and citrates render Acetylsalicylic Acid more soluble but do not prevent its de- HIGH COURT O F JUSTICE: CHANCERY DIVISION PRICE-CUTTING RESTRAINED. (GREATBRITAIN). composition. 3. Epinephrine (adrenalin) is so sensitive t o P. A. T. A. (Manufacturers’ Section) us. Sunshine Pharmacy. change that it should be prescribed in quantiOn June 21st Mr. Justice Manham had beties sufficient for only a few days’ use when fore him a motion for an interim injunction in mixed with other substances. chaser’s interest was subject thereto and that a forfeiture notice t o the company would therefore have been a n idle act. The statute is not valid on the theory that a requirement of notice is implied, in the absence of a provision expressly dispensing with notice, from the fact that it is a constitutional requirement. Some authorities so hold but the California rule requires a statute t o provide for notice which is essential to due process of law and a provision therefor will not be implied from the fact that the statute does not undertake t o dispense therewith.People of California vs. Broad et al.; Calif. Sup. Cit., No. S. F. 14513, July 1, 1932.