The Great American Fraud: The Patent Medicine EvilAdams, Samuel Hopkins
Science
The Great American Fraud: The Patent Medicine Evil
Adams, Samuel Hopkins
Patent medicines; Quacks and quackery
Legislation is the most obvious remedy, pending the enlightenment of
the general public or the awakening of the journalistic conscience. But
legislation proceeds slowly and always against opposition, which may be
measured in practical terms as $250,000,000 at stake on the other
side. I note in the last report of the Proprietary Association's annual
meeting the significant statement that "the heaviest expenses were
incurred in legislative work." Most of the legislation must be done by
states, and we have seen in the case of the Hall Catarrh cure contract
how readily this may be controlled.
Two government agencies, at least, lend themselves to the purposes of
the patent-medicine makers. The Patent Office issues to them trade-mark
registration (generally speaking, the convenient term "patent medicine"
is a misnomer, as very few are patented) without inquiry into the nature
of the article thus safeguarded against imitation. The Post Office
Department permits them the use of the mails. Except one particular
line, the disgraceful "Weak Manhood" remedies, where excellent work has
been done in throwing them out of the mails for fraud, the department
has done nothing in the matter of patent remedies, and has no present
intention of doing anything; yet I believe that such action, powerful as
would be {010}the opposition developed, would be upheld by the courts on
the same grounds that sustained the Post Office's position in the recent
case of "Robusto."
A Post-Office Report.
That the advertising and circular statements circulated through the
mails were materially and substantially false, with the result of
cheating and defrauding those into whose hands the statements came;
That, while the remedies did possess medicinal properties, these were
not such as to carry out the cures promised;
That the advertiser knew he was deceiving;
That in the sale and distribution of his medicines the complainant made
no inquiry into the specific character of the disease in any individual
case, but supplied the same remedies and prescribed the same mode of
treatment to all alike.
Should the department apply these principles to the patent-medicine
field generally, a number of conspicuous nostrums would cease to be
pat-, rons of Uncle Sam's mail service.
Public-domain text, read in full here on John Shaqi.
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