NOTES

Preface

1. 1. Katherine A. Helm, “Protecting Public Health from Outside the Physician’s Office: A Century of FDA Regulation from Drug Safety Labeling to Off-Label Drug Promotion,” Fordham Intellectual Property, Media and Entertainment Law Journal, volume 18, number 1, 2007, Article 9, 142.

Chapter 1: Patient Zero

1. 1. As for increased risks of dehydration among the elderly that require hospitalization, see generally J.M. Schols et al., “Preventing and Treating Dehydration in the Elderly During Periods of Illness and Warm Weather,” Journal of Nutrition, Health & Aging, volume 13, number 2, 2009.
2. 2. Pashtana Usufzy, “ ‘Superbug’ Resistant to All Available Antibiotics Killed Elderly Northern Nevada Woman,” Las Vegas Review Journal, January 12, 2017.
3. 3. It is New Delhi Metallo-beta-lactamase-1, abbreviated usually to NDM-1. Centers for Disease Control and Prevention, National Nosocomial Infections Surveillance (NNIS) system report, data summary from January 1992–June 2001, American Journal of Infection Control 2001; 29:404–21. See also generally Monte Morin and Eryn Brown, “Superbug: What It Is, How It Spreads, What You Can Do,” Los Angeles Times, February 10, 2015.
4. 4. Helen Branswell, “A Nevada Woman Dies of a Superbug Resistant to Every Available Antibiotic in the US,” STAT, January 12, 2017.
5. 5. See generally Patricia A. Bradford et al., “Emergence of Carbapenem-Resistant Klebsiella Species Possessing the Class A Carbapenem-Hydrolyzing KPC-2 and Inhibitor-Resistant TEM-30 ß-Lactamases in New York City,” Clinical Infectious Diseases (CID) 2004:39 (1 July); A. Hossain et al., “First report of plasmid-encoded carbapenem hydrolyzing enzyme KPC-2 in Enterobacter cloacae [C1–264]” in Program and abstracts of the 43rd Interscience Conference on Antimicrobial Agents and Chemotherapy (Chicago) (Washington, D.C.: American Society for Microbiology, 2003), 75.
6. 6. Ari Frenkel and Paul Cook, “Current Issues in Approaches to Antimicrobial Resistance,” Gastroenterology & Endoscopy News, volume 65, number 12, December 31, 2014, 48–53.
7. 7. See generally J.J. Yan et al., “Outbreak of infection with multidrug-resistant Klebsiella pneumoniae carrying bla (IMP-8) in a university medical center in Taiwan,” Journal of Clinical Microbiology 2001: 39:4433–39.
8. 8. Marie Abdallah et al., “Rise and fall of KPC-producing Klebsiella pneumoniae in New York City,” Journal of Antimicrobial Chemotherapy 2016, June 26, 1093–97; D. Landman et al., “Transmission of carbapenem-resistant pathogens in New York City hospitals: progress and frustration,” Journal of Antimicrobial Chemotherapy 2012; 67: 1427–31. See generally Morin and Brown, “Superbug.”
9. 9. According to Alexander Kallen, a CDC doctor, that sample from Nevada “was tested against everything that’s available in the United States,” and was “not effective.” Branswell, “A Nevada Woman Dies Of A Superbug.” See also Lei Chen, senior epidemiologist with Washoe County Health District quoted in Branswell, “It was my first time to see a [resistance] pattern in our area.”
10. 10. The peak years for deaths: car accidents, 1972; gun violence, 1993; HIV/AIDS, 1995.
11. 11. “Drug Overdose Death Data,” Centers for Disease Control and Prevention, https://www.cdc.gov/drugoverdose/data/statedeaths.html. See generally “Analysis of Overdose Deaths in Pennsylvania, 2016,” Joint Intelligence Report, between the Drug Enforcement Administration and the University of Pittsburgh.
12. 12. Joel Achenbach, “Once ‘so Mayberry,’ a town struggles with opioid epidemic,” Washington Post, December 30, 2016, 1.
13. 13. Penicillin was the first milestone drug but there were earlier important discoveries that were not cures but treatments. Those include smallpox vaccine (1796), the antiseptic carbolic acid (1860), the antipyretic phenazone (1884), hypnotic barbiturate Veronal (1903), syphilis treatment arsphenamine (1911), and the antibacterial sulfamidochrysoidine (1935).

Chapter 2: The Poison Squad

1. 1. Fran Hawthorne, Inside the FDA: The Business and Policies Behind the Drugs We Take and Food We Eat (New York: John Wiley & Sons, 2015), Kindle Edition, 925–943 of 7181.
2. 2. When Friedrich Sertürner isolated the alkaloid morphine he tested it on himself and his dogs. Joseph Louis Gay-Lussac was the French chemist who realized the importance of the discovery. He named it morphine, in accord with a widespread practice of using the suffix “ine” for drugs. There were several suffixes that evolved over time by drug category; antivirals get the suffix “vir,” “illin” for most antibiotics, “arbital” for barbiturates, etc. Sertürner’s work led in the following century to new alkaloids such as atropine, quinine, codeine, and cocaine. A. P. Klockgether-Radke, “F. W. Sertürner und die Entdeckung des Morphins,” Anästhesiol Intensivmed Notfallmed Schmerzther 2002; 37(5): 244–49.
3. 3. Bayer made dyes from coal tar. Within a decade, he patented low-cost technologies to mass-produce them. After he discovered they contained antiseptic qualities, he remarketed them as pharmaceuticals. Many German drug companies began as unintended offshoots of the chemical industry. See Erik Verg, with Gottfried Plumpe and Heinz Schultheis, Milestones: The Bayer Story, 1863–1988 (Leverkusen, Germany: Bayer AG, 1988), 14–29; Christopher Kobrak, “Politics, Corporate Governance, and the Dynamics of German Managerial Innovation: Schering AG between the Wars,” Enterprise & Society 3, no. 3 (2002): 429–61.
4. 4. They were twenty-five-year-old Charles Pfizer and twenty-eight-year-old Charles Erhart. Joseph G. Lombardino, “A Brief History Of Pfizer Central Research,” Bull. Hist. Chem., Vol. 25, Number 1 (2000), 10–15. See also Jeffrey L. Rodengen, The Legend of Pfizer (Fort Lauderdale, FL: Write Stuff Syndicate, 1999), 13.
5. 5. J. Liebenau, Medical Science and Medical Industry: The Formation of the American Pharmaceutical Industry (London: MacMillan, 1987), 8–9.
6. 6. Business history and timeline of Wyeth at http://www.fundinguniverse.com/company-histories/wyeth-history/.
7. 7. See generally Roscoe Collins Clark, Three Score Years and Ten: A Narrative of the First Seventy Years of Eli Lilly and Company, 1876–1946 (New York: Lakeside Press, R. R. Donnelly & Sons, 1946).
8. 8. Gilbert Macdonald, In Pursuit of Excellence: One Hundred Years Wellcome, 1880–1980 (London: Wellcome Foundation, 1980).
9. 9. Thomas D. Brock, Robert Koch: A Life in Medicine and Bacteriology (Washington, D.C.: ASM Press, 1999).
10. 10. J. N. Hayes, Epidemics and Pandemics: Their Impacts on Human History (Santa Barbara, CA: ABC-CLIO, 2005), 216–19.
11. 11. Besides being in the dark about diseases and how they spread, there was little understanding in science and medicine of what was necessary for good health. Good nutrition was an unexplored field. The word “vitamin” was not coined until 1911. “History Timeline Transcript, Yellow Fever: History, Epidemiology, and Vaccination Information, Department of Health and Human Services,” Centers for Disease Control and Prevention, Office of Surveillance, Epidemiology, and Laboratory Services, 2016, 2. See also Hunter A. Dupree, Science in the Federal Government: A History of Policies and Activities to 1940 (Cambridge, MA: Belknap Press of Harvard, 1957), 269.
12. 12. Ronald Hamowy, “The Early Development of Medical Licensing Laws in the United States, 1875–1900,” Journal of Libertarian Studies 3 (1979).
13. 13. The German student was Albert Niemann. Also, an Italian neurologist and anthropologist, Paolo Mantegazza, learned about cocaine while traveling in South America. In 1859, he wrote about his experiments with coca leaves and is often credited with popularizing the pure alkaloid Niemann isolated. See Albert Niemann, “Über eine neue organische Base in den Cocablättern,” Archiv der Pharmazie, 153(2): 129–256, 1860; Paolo Mantegazza, Sulle Virtù Igieniche e Medicinali della Coca e sugli Alimenti Nervosi in Generale (On the Hygienic and Medicinal Properties of Coca and on Nervous Nourishment in General), Annali Universali di Medicina 167, 1–76, 1859.
14. 14. Dwight Garner, “The Lure of Cocaine, Once Hailed as Cure-All,” New York Times, July 19, 2011; Paul Vallely, “Drug That Spans the Ages: The History of Cocaine,” Independent (UK), March 2, 2006.
15. 15. Vallely, “Drug That Spans the Ages.”
16. 16. Paul M. Gahlinger, Illegal Drugs: A Complete Guide to Their History, Chemistry, Use and Abuse (New York: Plume, 2003), 40.
17. 17. Ronald K. Siegel, “Repeating Cycles of Cocaine Use and Abuse,” Treating Drug Problems: Volume 2: Commissioned Papers on Historical, Institutional, and Economic Contexts of Drug Treatment, Institute of Medicine, Committee for the Substance Abuse Coverage Study (Washington, D.C.: The National Academies Press, 1992).
18. 18. David F. Musto, “Illicit Price of Cocaine in Two Eras: 1908–14 and 1982–89,” Pharmacy in History 33, no. 1 (1991): 3–10.
19. 19. Alexander Cockburn and Jeffrey St. Clair, End Times: The Death of the Fourth Estate (Counterpunch) (Chico, CA: AK Press, 2006), 141. During World War I, London’s Harrods department store sold a leather-bound kit it described as “A Welcome Present for Friends at the Front.” It consisted of a vial of powdered cocaine, morphine, syringes and needles. “Drug that Spans the Ages: The History of Cocaine,” Independent, March 2, 2006.
20. 20. T. Appelboom, “Consumption of Coca in History,” Verh K Acad Geneeskd Belg., 53(5):497–505, 1991.
21. 21. See generally Complete Catalogue of the Products of the Laboratories of Parke, Davis & Company, 1900–1901, 1904–1905, 1907–1908. For instance, the catalog highlighted 1-ounce solutions in which cocaine was reduced to an injectable liquid. “These solutions will remain sterile and active for an indefinite period—a distinct advantage for those who desire to have a reliable Cocaine Solution always available without the trouble of preparing same in each instance,” (511). William Rosen, Miracle Cure: The Creation of Antibiotics and the Birth of Modern Medicine (New York: Viking, 2017), 242; and Edward Shorter, Before Prozac: The Troubled History of Mood Disorders in Psychiatry (Oxford: Oxford University Press, 2009), Kindle Edition, 262, 276 of 4159.
22. 22. As for Merck’s products, see “Chemicals And Drugs Usual In Modern Medical Practice Compiled from the Most Recent Authoritative Sources,” Merck’s 1899 Manual of the Materia Medica (Merck & Co.: New York, 1899).
23. 23. Squibb’s Materia Medica (Brooklyn: E. R. Squibb & Sons, 1900).
24. 24. “Proprietary Association of America,” California State Journal of Medicine, January 1906, 5, in PubMed Central at U.S. National Library of Medicine, National Institutes of Health. See also “Hearings Before the Committee on Interstate and Foreign Commerce of the House of Representatives on the Pure-Food Bills H.R. 3044, 4527, 7018, 12071, 13086, 13853, and 13859, for Preventing the Adulteration, Misbranding, and Imitation of Foods, Beverages, Candies, Drugs, and Condiments in the District of Columbia and the Territories, and for Regulating Interstate Traffic Therein, and for Other Purposes,” U.S. Congress (Washington, D.C.: Government Printing Office, 1906).
25. 25. Their name came from a seventeenth-century practice by which British royals issued “letters patent,” endorsements, to their favorite nostrums. English settlers brought the trade to the colonies. The shortcomings in science and medicine opened the door to the patent drug boom. Historian Richard Shryock described it as a time when Americans believed in “inalienable rights to life, liberty, and quackery.” Liebenau, Medical Science and Medical Industry, 35; Shryock, The Development of Modern Medicine, 255.
26. 26. Temin, Taking Your Medicine, 23.
27. 27. Ibid., 24–27; James Harvey Young, The Toadstool Millionaires: A Social History of Patent Medicines in America before Federal Regulation (Princeton, NJ: Princeton University Press, 1961), 82, 226.
28. 28. The price for a testimonial varied widely. Popular local politicians, for instance, usually commanded $5 for a local councilman and up to $50 for a small-town mayor. A British writer who chronicled his 1870s travels in America observed that “one of the first things that strike the stranger as soon as he has landed in the New World: he cannot step a mile into the open country, whether into the fields or along the high roads, without meeting the [nostrum ads] disfigurement.” Young, The Toadstool Millionaires, 122.
29. 29. Wirtschafter, “The Genesis and Impact of the Medical Lobby,” 40; R. G. Eccles, MD, “Radam’s Microbe Killer,” Druggists Circular and Chemical Gazette, volume 33, 1889, 195–96; James Harvey Young, The Medical Messiahs: A Social History of Health Quackery in 20th Century America (Princeton, NJ: Princeton University Press, 1967), 28.
30. 30. Pinkham’s slogan was “Only a woman can understand a woman’s ills.” She was famous for personally answering every customer inquiry; the company kept her death a secret and sent handwritten letters with her “signature” until it was exposed by Collier’s twenty-two years after she had died.
31. 31. William G. Rothstein, American Physicians in the Nineteenth Century: From Sects to Science (Baltimore, MD: Johns Hopkins University Press, 1992). According to Rothstein, alcohol, especially whiskey and brandy, was “probably the most important medicinal agent of the second half of the [nineteenth] century.” See also Young, Pure Food, 115–16.
32. 32. The advertised listing for “Hostetter’s Celebrated Stomach Bitters” in the 1867 United States Almanac claimed it did not just “prevent” illness “but [is a] cure.”
33. 33. Young, The Toadstool Millionaires, 192–93.
34. 34. Most died from whooping cough, scarlet fever, diphtheria, or diarrheal ailments, the last one a result of drinking water in cities that was contaminated with human sewage. Martin J. Blaser, Missing Microbes: How the Overuse of Antibiotics Is Fueling Our Modern Plagues (New York: Henry Holt and Company, 2014), 62–63.
35. 35. See a partial list of some infant deaths from Kopp’s poisoning at Arthur J. Cramp, Nostrums and Quackery: Collected Articles on the Nostrum Evil and Quackery, reprint by the Journal of the American Medical Association (Chicago: American Medical Association Press), 1912, 425; “Poisoning by Kopp’s Baby Friend,” JAMA, February 10, 1906, XLVI(6):447–48.
36. 36. See for example Druggists’ Circular, 33 (1889); also, Young, The Medical Messiahs, 28.
37. 37. W. S. Fullerton, “The Objectionable Influence of Proprietary Medicines upon the Young Practitioner,” Journal of the Minnesota State Medical Association and the Northwestern Lancet, volume 26, October 15, 1906, 446–47.
38. 38. German pharma companies were far ahead of their U.S. counterparts in consistency and standardization. Young, Pure Food, 116–18, 120.
39. 39. Eleven doctors at a meeting in Washington, D.C., in 1820 had established the United States Pharmacopeia, but it did not include descriptions of the drugs or any guidance about therapeutic applications. Liebenau, Medical Science and Medical Industry, 21; Donohue, “A History of Drug Advertising,” 664.
40. 40. Julie Donohue, “A History of Drug Advertising: The Evolving Roles of Consumers and Consumer Protection,” Milbank Quarterly, 2006; 84(4), 664.
41. 41. Ibid., 665.
42. 42. The name Aspirin likely is from the “A” in acetyl chloride, the “spir” in spiraea ulmaria (the plant from which salicylic acid is derived), and “in” was one of the common suffixes for drugs. A widely told story about its name is that Bayer’s chief pharmacologist, Heinrich Dreser, a devout Catholic, named it after St. Aspren of Naples, a first-century convert. Dreser mistakenly thought he was the patron saint of headaches. (In fact, that distinction belonged to the sixteenth-century St. Teresa of Avila, herself a migraine sufferer.) Aspirin was developed by a team led by Bayer’s chief of pharmaceutical science, Arthur Eichengrün, a scientist with forty-seven patents to his credit. His team had discovered acetaminophen (Tylenol) a year earlier but had mistakenly found it unsafe in lab tests. When Bayer published an official history of Aspirin in 1934, it omitted the Jewish Eichengrün, instead crediting one of his assistants with the discovery. Under the Third Reich, companies like Bayer purged Jews from their labs and executive ranks. Eichengrün, who later survived a wartime concentration camp, appealed in vain to I.G. Farben, Bayer’s parent, about the misplaced credit. He died in 1948 without any acknowledgment for his role. In 1999, a Scottish clinical pharmacologist and historian relied on original Bayer laboratory and research reports to reach the now universally accepted conclusion that Eichengrün had in fact developed Aspirin. David B. Green, “This Day in Jewish History 1899: Bayer Patents Aspirin, Will Pretend It Hadn’t Been Invented by a Jew,” Haaretz, March 6, 2016; Walter Sneader, “The Discovery of Heroin,” Lancet, Vol. 352, Issue 914, 1698.
43. 43. R. Askwith, “How Aspirin Turned Hero,” Sunday Times (London), September 13, 1998.
44. 44. William Stewart Halsted, one of the physician founders of Johns Hopkins Hospital in 1889, was a morphine addict who continued to do surgery until his death from an overdose in 1922. “Heroin werbt in spanischer Zeitung,” Pressemitteilung, 14, November 2011, Koalition gegen BAYER Gefahren (Deutschland). Bayer struck lucrative licensing deals with other small drug companies. Fraser Tablet Company and the Martin H. Smith Company mixed Bayer’s Heroin with glycerin and sugar to produce a palatable syrup sold primarily for coughs, asthma, migraines, and pneumonia. As for the German physician addiction rate to morphine, see Eric Hesse, Narcotics and Drug Addiction, 41.
45. 45. Hawthorne, Inside the FDA, 947 of 7151. Twenty-three states approved food legislation between 1874 and 1895.
46. 46. From 1879 to 1906, almost a hundred bills that addressed some aspect of food or drug purity failed to pass Congress. See Fran Hawthorne, The Merck Druggernaut: The Inside Story of a Pharmaceutical Giant (Hoboken, NJ: John Wiley & Sons, 2003), 21.
47. 47. Formed originally as the Division of Chemistry, after July 1901 the department was renamed the Bureau of Chemistry. It became the Food, Drug, and Insecticide Administration in July 1927 and three years later the Food and Drug Administration. The FDA was part of the Department of Agriculture until June 1940, when it was moved under the newly created Federal Security Agency. In April 1953, the FDA was transferred to the Department of Health, Education, and Welfare (HEW). In 1968, it was put under the control of the Public Health Service inside HEW. Finally, in May 1980, the FDA was moved to a new division, the Department of Health and Human Services.
48. 48. Wiley’s father was a Campbellite preacher, a movement named after Thomas Campbell and his son Alexander. The Alexanders were Baptist preachers who advocated a strict adherence to the New Testament only and argued that American Christianity needed reformation.
49. 49. Harvey W. Wiley, An Autobiography (Indianapolis: The Bobbs-Merrill Company, 1930), 14.
50. 50. Ibid., 50.
51. 51. Ibid., 27, 30.
52. 52. Ibid., 101, 117.
53. 53. Mark Sullivan, Our Times: The United States 1900–1925, Volume II, America Finding Herself (New York: Charles Scribner’s Sons, 1927), 483–492, 501–4.
54. 54. Wiley, An Autobiography, 151.
55. 55. Bruce Watson, “The Poison Squad: An Incredible History,” Esquire, June 27, 2013; Weisberger, “Doctor Wiley and His Poison Squad”; Michael Robert Patterson, “Harvey Washington Wiley, Corporal, United States Army, Government Official.” See also Wiley, An Autobiography, 155–58.
56. 56. Some of his colleagues thought those talks were useless since politicians did not fear women since they could not vote. Women got the right to vote in 1920 with the ratification of the Nineteenth Amendment. Weisberger, “Doctor Wiley and His Poison Squad.”
57. 57. Wiley, An Autobiography, 177.
58. 58. “Foods and Food Adulterants, Dairy Products,” No. 13, Vol. 1, U.S. Department of Agriculture, Division of Chemistry (Washington D.C.: Government Printing Office, 1887).
59. 59. Vol. 1, “Dairy Products,” 1887; Vol. 2, “Spices and Condiments,” 1887; Vol. 3, “Fermented Alcoholic Beverages, Malt Liquors, Wine, and Cider,” 1887; Vol. 4, “Lard and Lard Adulteration,” 1889; Vol. 5, “Baking Powder,” 1889; Vol. 6, “Sugar, Molasses and Sirup, Confections, Honey and Beeswax,” 1892; Vol. 7, “Tea, Coffee, and Cocoa Preparations,” 1892; Vol. 8, “Canned Vegetables,” 1983; Vol. 9, “Cereals and Cereal Products,” 1898; Vol. 10, “Preserved Meats,” 1902 (Washington, D.C.: Government Printing Office).
60. 60. Deborah Blum, The Poison Squad: One Chemist’s Single-Minded Crusade for Food Safety at the Turn of the Twentieth Century (New York: Penguin Press, 2018), 59.
61. 61. It is a legacy that many who have studied him and the Pure Food and Drug Act have concluded is accurate. See generally C. C. Regier, “The Struggle for Federal Food and Drugs Legislation,” Law and Contemporary Problems 1, no. 1 (1933), 6. Also Clayton A. Coppin and Jack High, The Politics of Purity: Harvey Washington Wiley and the Origins of Federal Food Policy (Ann Arbor, MI: The University of Michigan Press, 1999), 4, 15, 60–61.
62. 62. “The Man Who Is Leading the Fight for Pure Food,” Washington Times, November 20, 1904, 5.
63. 63. Ibid. See also a sampling of favorable coverage of Wiley in “Three More Deaths Result from Effects of Infected Antitoxin,” St. Louis Republic, November 2, 1901, 1; “Vaccination Scare in Philadelphia,” Scranton Tribune (Scranton, PA), November 19, 1901; “Dr. Wiley’s Poison Squad Enlisted from Expert Topers,” St. Louis Republic, December 6, 1903, 12; “How the Beef Trust Has Poisoned Peoples’ Food,” Commoner (Lincoln, NE), June 8, 1906, 7.
64. 64. “The Man Who Is Leading the Fight for Pure Food,” Washington Times, November 20, 1904, 5. See also Hunter A. Dupree, Science in the Federal Government: A History of Policies and Activities to 1940 (Cambridge, MA: Belknap Press of Harvard), 1957, 176–83; chapter 1 in Peter Temin, Taking Your Medicine: Drug Regulation in the United States (Cambridge, MA: Harvard University Press, 1980); Anthony Gaughan, “Harvey Wiley, Theodore Roosevelt, and the Federal Regulation of Food and Drugs” (2004 third-year paper, Harvard Law School, Winter 2004), https://dash.harvard.edu/handle/1/8852144. The New York Sun called Wiley the “chief janitor and policeman of the people’s insides.” Sullivan, Our Times, 520.
65. 65. He had at least succeeded, as he said, in “forcing congressional leaders to gradually recognize it [pure food legislation] as a serious problem.” Wiley, An Autobiography, 203; Young, Pure Food, 152.
66. 66. Wiley thought the Bible included the first ever study of food served to royals against a diet of only vegetables and water. Young, Pure Food, 152.
67. 67. Wiley wanted only men, believing women were not strong enough to be subjected to a diet filled with toxic substances. No volunteer got individual credit for their contribution. Most of their names are still unknown. Watson, “The Poison Squad: An Incredible History.”
68. 68. Wiley, An Autobiography, 220.
69. 69. Carol Lewis, “The ‘Poison Squad’ and the Advent of Food and Drug Regulation,” U.S. Food and Drug Administration Consumer Magazine, November–December 2002. See also for the chef—known only as Perry—Watson, “The Poison Squad: An Incredible History.”
70. 70. The reporter was twenty-three-year-old George Rothwell Brown. His daily political column, “Post Scripts,” was later syndicated by Hearst newspapers. Watson, “The Poison Squad: An Incredible History.” See also Lewis, “The ‘Poison Squad’ and the Advent of Food and Drug Regulation.”
71. 71. Wiley, An Autobiography, 225–26.
72. 72. Benzoate is commonly used today as a pesticide. Watson, “The Poison Squad: An Incredible History”; Coppin, The Politics of Purity, 55–56. See also Wiley, An Autobiography, 204.
73. 73. “Influence of Food Preservatives and Artificial Colors on Digestion and Health,” Vol. 1, “Boric Acid and Borax,” 1904; Vol. 2, “Salicylic Acid and Salicylates,” 1906; Vol. 3, “Sulphurous Acid and Sulphites,” 1907; Vol. 4, “Benzoic Acid and Benzoates,” 1908; Vol. 5, “Formaldehyde,” (Washington, D.C.: U.S. Government Printing Office, 1908).

Chapter 3: Enter the Feds

1. 1. Wiley, An Autobiography, 267.
2. 2. Every year from 1876 to 1904, the tax on drinking alcohol provided more than 50 percent of all federal income. See Young, Pure Food, 165. The alcohol tax was important because the federal government did not then have the authority to levy an income tax (that power came in 1913 with the passage of the Sixteenth Amendment to the Constitution).
3. 3. Wiley, An Autobiography, 205.
4. 4. National Association of State Food and Dairy Officials, Proceedings of the Annual Convention (Washington D.C., 1904), 295–97; Coppin and High, The Politics of Purity, 70.
5. 5. Wiley, An Autobiography, 207.
6. 6. Ibid., 53.
7. 7. Letter from Wiley to James R. Mann, March 19, 1906, Letter Book 180, No. 305; Letters from Wiley to George Simmons, February 20, 1906 and March 2, 1906, Letter Book 178, Nos. 113 and 495; Letter from Wiley to Samuel Adams, Letter Book 179, No. 476, March; Wiley to George Simmons, March 2, 1906, Letter Book 179, No. 476; all in Record Group 97, National Archives and Records Administration (hereafter cited as “NARA”).
8. 8. Samuel Hopkins Adams, “The Great American Fraud,” consisting of “The Nostrum Evil,” October 7, 1905; “Peruna and the Bracers,” October 28, 1905; “Liquozone,” November 18, 1905; “The Subtle Poisons,” December 2, 1905; “Preying on the Incurables,” January 13, 1906; “The Fundamental Fakes,” February 17, 1906; “Quacks and Quackery,” July 14, 1906; “The Miracle Workers,” August 4, 1906; “The Specialist Humbug,” September 1, 1906; “The Scavengers,” September 22, 1906; all in Collier’s. As for the amount of federal revenue provided by alcohol between 1870 and 1915, see “1913” at https://inpud.wordpress.com/timeline-of-events-in-the-history-of-drugs/.
9. 9. Adams, “The Great American Fraud,” 14. Seven of the twelve articles that appeared before Congress passed the Pure Food and Drug Act the following year.
10. 10. Before the Collier’s series forced a change, the AMA had focused its lobbying on fighting vivisection bans and encouraging states to adopt uniform admission rules for physicians. The AMA’s influential Committee on Medical Legislation had worked on securing federal funds to wage a campaign against malaria and yellow fever, which was rampant among American workers building the Panama Canal. Jonathan Dine Wirtschafter, “The Genesis and Impact of the Medical Lobby: 1898–1906,” Journal of the History of Medicine and Allied Sciences, Vol. 13, No. 1, January 1958, 17–18; Wirtschafter, “The Genesis and Impact of the Medical Lobby,” 31–39, 42.
11. 11. A 1905 lead editorial in JAMA condemned nostrums as “a business that is both infamous and despicable; a business in which few men will, without blushing, acknowledge that they are engaged; a business that thrives on misrepresentation and fraud, that fattens on the gullibility and credulity of the ignorant, and that prospers by deceiving the sick and afflicted.” “The Power And Influence Of The Proprietary Association Of America,” JAMA Vol. XLV, No. 21 (November 18, 1905), 1577. See also Young, The Toadstool Millionaires, 224–25; Robert M. Crunden, Ministers of Reform: The Progressives’ Achievement in American Civilization 1889-1920 (New York: Basic Books, 1982), 176.
12. 12. Wiley wrote most of the proposed statute. The bill was introduced into the Senate by Idaho’s Weldon Heyburn. See also James Harvey Young, Pure Food: Securing the Federal Food and Drugs Act of 1906 (Princeton, NJ: Princeton University Press, 1989), 5–6, 146–51. As for legislative defeats of a pure food bill in previous Congresses, see generally Gaughan, “Harvey Wiley, Theodore Roosevelt, and the Federal Regulation of Food and Drugs.” As for the stalled bills in previous Congresses, see Crunden, Ministers of Reform, 187.
13. 13. Wiley, An Autobiography, 210, 217, 219, 231, 239, 241, 247.
14. 14. Some estimates were as high as 3.5 million addicts. Charles Whitebread, “The History of Non-Medical Use of Drugs in the United States,” Journal of Cognitive Liberties, Fall 2000; Wiley, An Autobiography, 206–7.
15. 15. For a brief history of the battle of an acceptable definition of drugs, see Young, Pure Food, 168–170.
16. 16. Harvey Wiley, pamphlet reprinted in “Drugs and their Adulterations and the Laws Relating Thereto,” Washington Medical Annals, 2, 1903. See also Clayton A. Coppin and Jack High, The Politics of Purity: Harvey Washington Wiley and the Origins of Federal Food Policy (Ann Arbor, MI: The University of Michigan Press, 1999), 60.
17. 17. Coppin and High, The Politics of Purity, 62–63; “The Power and Influence of the Proprietary Association of America,” JAMA.
18. 18. Herbert Harding, “The History of the Organization among Manufacturers and Wholesale Dealers in Proprietary Articles,” American Druggist 36, 1900, 190–93.
19. 19. Journalist Mark Sullivan concluded, “Hardly any man in the United States, excepting only [President Theodore] Roosevelt himself, has a larger or more powerful group of enemies than Wiley.” Sullivan, Our Times, 520–21.
20. 20. Coppin and High, The Politics of Purity, 4. As for the power of the Proprietary Association, see generally C. C. Regier, “The Struggle for Federal Food and Drugs Legislation,” Law and Contemporary Problems 1, no. 1 (1933), 7–8.
21. 21. See generally Coppin and High, The Politics of Purity.
22. 22. Oscar E. Anderson, Jr., The Health of a Nation: Harvey W. Wiley and the Fight for Pure Food (Chicago: University of Chicago Press, for the University of Cincinnati, 1958), 161–64.
23. 23. Jonathan Dine Wirtschafter, “The Genesis and Impact of the Medical Lobby: 1898-1906,” Journal of the History of Medicine and Allied Sciences, Vol. 13, No. 1, January 1958, 15–49. See also Coppin and High, The Politics of Purity, 59–60, 76–77.
24. 24. Temin, Taking Your Medicine, 24–27; Young, The Toadstool Millionaires, 82, 226.
25. 25. The explosion in the number of newspapers nationwide was spurred by plummeting prices for newsprint. In 1862 cotton rag newsprint cost 24 cents a pound. In 1900, an improved newsprint made from wood pulp, cost 2 cents a pound. See generally George B. Waldron, “What America Spends in Advertising,” Chautauquan, 38 (October 1903), 156. See also Young, The Medical Messiahs, 22; Sullivan, Our Times, 511.
26. 26. Wiley, An Autobiography, 208. For the percentage of income to newspapers from patent medicines, see Donohue, “A History of Drug Advertising,” 664.
27. 27. Young, The Toadstool Millionaires, 107–08.
28. 28. Wiley to Sullivan, Our Times, note 2, 519.
29. 29. Wiley to James Mann, March 19, 1906, Letter Book 180, No. 305; Wiley to Samuel Adams, March 12, 1906, Letter Book 179, No. 476; in Record Group 97, NARA.
30. 30. The other “poisons” required to be listed were the sedative chloral hydrate, the anesthetic eucaine, and acetanilide, used as an analgesic but with toxic side effects. Chloral hydrate is known on the street as a “Mickey Finn,” or “knockout cocktail.” As for the other ingredients considered poisonous, see generally Young, The Medical Messiahs, 54.
31. 31. Young, The Toadstool Millionaires, 240–42. See generally Ezra J. Kennedy, The Pharmaceutical Era, Proprietary Association of America Vol. XLIX (New York: D. O. Haynes & Co., January to December 1916). See also Young, Pure Food, 170–71.
32. 32. Letters from Wiley to Congressman James Mann, March 23 and April 2, 1906, Congressional Record, 59 Congress, Session 1, 8892–8897, 9340, Bureau of Chemistry, General Correspondence, RG 97.2, NARA.
33. 33. The weekly was the Kansas-based The Appeal to Reason.
34. 34. London wrote an enthusiastic review of The Jungle in the same paper that serialized the book. See Walter B. Rideout, The Radical Novel in the United States, 1900-1954: Some Interrelations of Literature and Society (Cambridge, MA: Harvard University Press, 1956), 30.
35. 35. Macmillan had canceled Sinclair’s book contract after receiving his manuscript in 1905 and concluding the book was “gloom and horror unrelieved.” Doubleday, Page & Co. published it after its newspaper serialization. Expectations for sales were low. Public interest, however, translated into 160,000 sales the first year and translations into seventeen languages. Blum, The Poison Squad, 124, 142.
36. 36. Martin Leonard, “The safety assessment process—Setting the scene: An FDA perspective,” ILAR journal / National Research Council, Institute of Laboratory Animal Resources 43 Suppl. S5–10 (February 2002).
37. 37. “The Pure Food and Drug Act,” Historical Highlights, June 23, 1906, History, Art & Archives, U.S. House of Representatives, http://history.house.gov/HistoricalHighlight/Detail/15032393280. See Coppin, Politics of Purity, 81–82. See also “Upton Sinclair Tells About the Sufferings of the Women in Packingtown,” Evening World, June 9, 1906, 3; Donna J. Wood, “The Strategic Use of Public Policy: Business Support for the 1906 Food and Drug Act,” Business History Review, Vol. 59, no. 3, 1985, 403–432.
38. 38. The Pure Food and Drug Act was the first comprehensive federal statute to regulate adulterated or misbranded foods or drugs. In 1848, Congress had passed the Drug Importation Act. Despite its sweeping name it was a feeble and mostly unenforced effort to restrict the importation of dangerous drugs, many of which had adversely affected American troops during the Mexican-American War. Federal Food and Drug Act of 1906, (The “Wiley Act”), Public Law Number 59-384, 34 STAT. 768 (1906), 21 U.S.C. Sec 1-15 (1934), (Repealed in 1938 BY 21 U.S.C. Sec 329 (a)).
39. 39. A New York Times editorial was typical of the unchecked excitement and high expectations: “The purity and honesty of the food and medicines of the people are guaranteed,” July 1, 1906, 24.
40. 40. Wiley quoted in Young, Pure Food, 271.
41. 41. Young, Pure Food, 265.
42. 42. United States v. Johnson, 221 U.S. 488 (1911). See also Wallace F. Janssen, “Cancer Quackery: Past And Present,” FDA Consumer, July–August 1977.
43. 43. “FDA Focus: The Sherley Amendment,” The Pharma Letter, October 11, 2014.
44. 44. Garner, “The Lure of Cocaine, Once Hailed as Cure-All.” As for the claim of medical and Pope Leo XIII endorsements, see Harper’s Magazine, March 1984, full-page advertisement.
45. 45. Young, The Medical Messiahs, 43–44.
46. 46. See Standard Remedies, Vol. 4 (Chicago: The Standard Remedies Publishing Co., 1918).
47. 47. Young, The Medical Messiahs, 46–47.
48. 48. Ibid., 36.
49. 49. Squibb started publishing Ephemeris of Materia Medica in 1885. It competed with the U.S. Pharmacopeia as a resource for drug information. As for Heroin, see E. H. Squibb, An Ephemeris of Materia Medica: Pharmacy, Therapeutics and Collateral Information (Brooklyn, NY: E. R. Squibb & Sons, 1903), 80. See also G. W. Wood, “A Study of the Indications and Contra-Indications of Heroin,” Cincinnati Lancet-Clinic Vol. XLVII (November 16, 1901), 529.
50. 50. Francisco López-Muñoz, Ronaldo Ucha-Udabe, and Cecilio Alamo, “The history of barbiturates a century after their clinical introduction,” Neuropsychiatric Disease and Treatment 1.4 (2005): 329–343.
51. 51. See generally Gaughan, “Harvey Wiley, Theodore Roosevelt, and the Federal Regulation of Food and Drugs.” See also “The Man Who Is Leading the Fight for Pure Food,” Washington Times, November 20, 1904, 5; Dupree, Science in the Federal Government, 176–83; chapter 1 in Temin, Taking Your Medicine.
52. 52. The Post Office was more active against nostrums than Wiley’s Bureau of Chemistry. It brought several dozen mail fraud cases against nostrum makers who touted cures for cancer or drug addiction and used the mail to ship the products. See Liebenau, Medical Science and Medical Industry, 92–93; James C. Munch and James C. Munch, Jr., “Notices of Judgment—The First Thousand,” Food Drug Cosmetic Law Journal, 10 (1955), 219–42; “Decisions of Courts in Cases under the Federal Food and Drugs Act,” Full Text: Vol.1. (Washington, D.C.: Government Printing Office, 1934); Coppin and High, The Politics of Purity, 97–99; Young, The Medical Messiahs, 41, 45.
53. 53. Coppin and High, The Politics of Purity, 99, 118, 134, 161. See also Wiley, An Autobiography, 268.
54. 54. Clayton A. Coppin, “John Arbuckle: Entrepreneur, Trustbuster and Humanitarian,” Market Process 7, No. 1, Spring 1989, 11-15; Gaughan, “Harvey Wiley, Theodore Roosevelt, and the Federal Regulation of Food and Drugs,” 26; Coppin and High, The Politics of Purity, 85–87.
55. 55. John Pemberton, a Confederate soldier and pharmacist, created Coca-Cola after the Civil War as a tonic he hoped might cure the morphine addiction he developed while recovering from a wartime saber wound. He called his original formula French Wine Coca and mixed coca leaves with alcohol and kola nuts. In 1886 he patented Coca-Cola, a nonalcoholic version that included a trace of cocaine. Pemberton sold it exclusively in a single Atlanta pharmacy. Shortly before his death in 1888, Pemberton sold Coca-Cola to Asa Candler, an Atlanta businessman who had publicly endorsed Wiley’s Pure Food and Drug Act as good for the food industry. It was Candler who marketed the drink as a thirst quencher with ads promoting it as “Delicious. Refreshing. Exhilarating. Invigorating.” Candler also changed Coca-Cola’s label to include “extractives from coca leaves (cocaine removed)” and replaced the cocaine with caffeine. See Ludy T. Benjamin, “Pop psychology: The man who saved Coca-Cola,” American Psychological Association, 2009, Vol. 40, No. 2, 18; Paul Vallely, “Drug That Spans the Ages: The History of Cocaine,” Independent (UK), March 2, 2006; Blum, The Poison Squad, 218; David F. Musto, “An historical perspective on legal and medical responses to substance abuse,” Villanova Law Review, 18:808–17, May 1973; 43.

    The caffeine war kicked off by Wiley’s 1906 Pure Food and Drug Act inspired a German merchant, Ludwig Roselius, to patent in 1908 a process for extracting caffeine from coffee beans. He was the first to sell decaffeinated coffee, under different names worldwide. In France, it was Sanka (sans caffeine), while in the United States Merck marketed it as Dekafa. Mark Pendergrast, Uncommon Grounds: The History of Coffee and How It Transformed Our World (Revised Edition, New York: Basic Books, 2010), 104–5.

56. 56. Peggy Fletcher Stack, “12 Myths About Mormons,” Salt Lake Tribune, November 5, 2012; T. Rees Shapiro, “Caffeinated Sodas Heading to Brigham Young Campus,” Washington Post, September 21, 2017.
57. 57. Wiley cited newspaper accounts that asserted one in three regular coffee drinkers were at risk of blindness. When he visited England, he claimed to have seen women who missed their afternoon tea break “would become almost wild.” He was, however, more tolerant of caffeine in tea and coffee than in Coca-Cola since it was an indigenous ingredient. Pendergrast, Uncommon Grounds, 95, 103–4. See also Oscar E. Anderson, Jr., The Health of a Nation: Harvey W. Wiley and the Fight for Pure Food (Chicago: University of Chicago Press, 1958), 2–8.
58. 58. House Resolution 27427, Public No. 221, Sixtieth Congress, Chs. 100, 101, February 9, 1909.
59. 59. The focus on the variety of opium imported from China was more about American foreign policy than drug prohibition. Teddy Roosevelt wanted to start business trade with China. Since China chafed constantly at British pressure to sell opium, Roosevelt decided that banning Chinese opium in the U.S. might win favor with the Chinese government. Dale Gieringer, “The Opium Exclusion Act of 1909,” Counterpunch, February 6, 2009.
60. 60. Albert F. Nathan, “Drug Fiends Make ‘Crime Wave,’ ” Los Angeles Times, November 30, 1919, 1.
61. 61. United States v. Forty Barrels and Twenty Kegs of Coca Cola Co., 241 U.S. 265, 281–83, 36 S. Ct. 573, 60 L. Ed. 995.
62. 62. Blum, The Poison Squad, 239.
63. 63. Ibid., 243. In dismissing the case, the judge said: “I am constrained to conclude that the use of the word ‘added,’ when applied to poisonous and deleterious ingredients… cannot be considered meaningless.”
64. 64. Blum, The Poison Squad, 246. The $1,600 is $43,643 in 2019 dollars.
65. 65. Pendergrast, Uncommon Grounds, 104; Blum, The Poison Squad, 282.
66. 66. Rosen, Miracle Cure, 75; Young, The Medical Messiahs, 57.
67. 67. Blum, The Poison Squad, 282.
68. 68. Wiley, An Autobiography, 238–39. Harvey Wiley died at his home in Washington in 1930 and was buried in Section 13 of Arlington National Cemetery. Michael Robert Patterson, “Harvey Washington Wiley, Corporal, United States Army, Government Official,” Arlington National Cemetery, http://www.arlingtoncemetery.net/hwwiley.htm.

Chapter 4: The Wonder Drug

1. 1. Different dates are sometimes cited for the passage of Prohibition. Congress approved it on December 18, 1917, but it took until January 16, 1919, before the states ratified it. Many histories use 1919 as the start date. However, Section 1 of the Amendment states that liquor will not become illegal until “one year from the ratification” (January 1920).
2. 2. See “Germany—The International Opium Convention,” signed at The Hague, January 23, 1912, and subsequent relative papers [1922], LNTSer 29; 8 LNTS 187, League of Nation Treaty Series. An effort in the U.S. in 1910 to pass a congressional antinarcotics act, the Foster Bill, had failed. Vermont senator David Foster’s bill would have eliminated all medical drug traffic in opium, cocaine, marijuana, and chloral hydrate, a widely abused sedative. Renata Limón, “Dens of Bureaucracy,” The New Inquiry, April 25, 2013. See also Eva Bertram et al., Drug War Politics: The Price of Denial (Berkeley: University of California Press, 1996).
3. 3. The Harrison Act also required increased record-keeping for doctors or pharmacists who dispensed opiates. Nathan, “Drug Fiends Make ‘Crime Wave,’ ” 1; “How Did We Get Here? History Has a Habit of Repeating Itself,” Economist, July 26, 2011. See also “Without Opium, Chinamen Die,” Los Angeles Times, August 17, 1909; Dale Gieringer, “The Opium Exclusion Act of 1909.” As for the Supreme Court ruling that “Direct control of medical practice in the states is beyond the power of the federal government,” see Linder v. United States, 268 U.S. 5 (1925); Lawrence Kolb, “Drug Addiction: A Study of Some Medical Cases,” Arch NeurPsych, 20(1), 1928.
4. 4. Bertram et al., Drug War Politics, 66–67.
5. 5. It took the 1925 Geneva Convention, coupled with threats of an economic boycott by other countries, before European countries restricted drug firms to manufacture only enough narcotics to satisfy their domestic consumption. See generally V. Berridge, “War Conditions and Narcotics Control: The Passing of Defence of the Realm Act Regulation 40B,” Journal of Social Policy 7.3 (1978), 285–304; T.M. Parssinen, Secret Passions, Secret Remedies: Narcotic Drugs in British Society, 1820–1930 (Manchester, 1983); Frances R. Frankenburg MD, Brain-Robbers: How Alcohol, Cocaine, Nicotine, and Opiates Have Changed Human History (ABC-Clio, 2014).
6. 6. Liebenau, Medical Science and Medical Industry, 131.
7. 7. Sneader, Drug Discovery.
8. 8. The drugs mentioned were “morphine, quinine, digitalis, insulin, codeine, aspirin, arsenicals, nitroglycerin, mercurial, and a few biologicals.” M. Lawrence Podolsky, Cures out of Chaos: How Unexpected Discoveries Led to Breakthroughs in Medicine and Health (Amsterdam: Harwood Academic Publishers, 1997), 59.
9. 9. They did not advertise to doctors because until 1938 any nonnarcotic medication could be bought without a prescription. As for narcotic-based drugs that required a prescription, about half were made in compounding pharmacies, cutting into pharma profits.
10. 10. Antitoxins and vaccines had shown promise with tetanus and rabies, and syphilis responded to an arsenic-based drug. See Testimony, “The Competitive Status of the U.S. Pharmaceutical Industry: The Influences of Technology in Determining International Competitive Advantage,” Committee on Labor and Public Welfare, Hearings on the “Examination of the Pharmaceutical Industry, 1973–74,” before the Subcommittee on Health, 93rd Congress, 1st and 2nd Sessions, 1973–1974, Part 3.
11. 11. The anticonvulsant potassium bromide was the oldest and most popular nineteenth-century sedative. Its drawback was toxicity. A German pharmacology professor invented so-called knock-out drops, a more powerful sedative, in 1869, and it remained in use until the mid-twentieth century. Novelist Virginia Woolf was addicted to chloral hydrate to treat her bipolar and insomnia; she wrote the drug was “that mighty prince with the moth’s eyes and the feathered feet.” See Shorter, Before Prozac, 287 of 4159; Dowbiggin, The Quest for Mental Health (Cambridge: Cambridge Essential Histories, Cambridge University Press), Kindle Edition, 146–47. See also Helen Salter, “The Madness and Modernism of Virginia Woolf,” HCBooksOnline, https://www.hcbooksonline.com/the-madness-and-modernism-of-virginia-woolf/.
12. 12. Bayer named its first barbiturate Veronal, after the Italian city Verona. Its primary ingredient was barbital, a sleep-inducing agent. David L. Herzberg, Happy Pills in America: From Miltown to Prozac (Baltimore: Johns Hopkins University Press, 2008), Kindle Edition, 124–25.
13. 13. Liebenau, Medical Science and Medical Industry, 45–46.
14. 14. Peter Temin, “The Evolution of the Modern Pharmaceutical Industry,” Working Paper, Department of Economics, Massachusetts Institute of Technology, No. 223, 1978, 4; Podolsky, Cures out of Chaos, 38.
15. 15. Parke-Davis and Co. v. H.K. Mulford and Co., 189 Fed. 95 (S.D.N.Y. 1911) affirmed, 196 Fed. 496 (2nd Cir. 1912). See also Graham Dutfield, Intellectual Property Rights and the Life Sciences Industry, 2nd edition (Singapore: World Scientific Publishing, 2009), 114–18.
16. 16. Joan Trossman Bien, “The Swine Flu Vaccine: 1976 Casts A Giant Shadow,” Pacific Standard, December 4, 2009; John M. Barry, “The Site Of Origin Of The 1918 Influenza Pandemic And Its Public Health Implications,” Journal of Translational Medicine Vol. 2, No. 3 (January 2004).
17. 17. Blaser, Missing Microbes, 49, 60, 62–63.
18. 18. Some microbes act as bacterial zombies, altering the behavior of the infected host in order to either replicate or enhance their ease of transmission to others. See Michael Chao, “Zombies: Microbial Mind Control,” Microbiology, February 11, 2016; Blaser, Missing Microbes, 61.
19. 19. Jesse Hicks, “Fast Times: The Life, Death, and Rebirth of Amphetamine,” Distillations, Science History Institute, April 14, 2014. Amphetamine compounds were discovered earlier but not turned into a modern drug. MDA was synthesized in a lab in 1910. Four years later Merck patented MDMA (best known decades later as the club drug ecstasy). A Japanese chemist in 1919 discovered methamphetamine (speed). Shorter, Before Prozac, 391 of 4159.
20. 20. Shorter, Before Prozac.
21. 21. The firm was then run by Eli Lilly III, the somewhat eccentric, philanthropist grandson of the company’s founder. Celeste C. Quianzon and Issam Cheikh, “History of Insulin,” Journal of Community Hospital Internal Medicine Perspectives 2.2 (2012). See also Dutfield, Intellectual Property Rights and the Life Sciences Industry, 112.
22. 22. The bacteria on those petri dishes was Staphylococcus, a strain that caused abscesses, sore throats, and even boils.
23. 23. It was Penicillium notatum. See James Le Fanu, The Rise and Fall of Modern Medicine (New York: Carroll and Graf, 1999), 7.
24. 24. Fleming and his two assistants, Frederick Ridley and Stuart Craddock, tested it initially on meningococcus, streptococcus, and diphtheria bacillus.
25. 25. Alexander Fleming, “On the Antibacterial Action of Cultures of a Penicillium, with Special Reference to their Use in the Isolation of B. influenza,” British Journal of Experimental Pathology, June 1929,10(3): 226–36. See also Fanu, The Rise and Fall of Modern Medicine, 8–9; Eric Lax, The Mold in Dr. Florey’s Coat: The Story of the Penicillin Miracle (New York: John Macrae/Owl Book/Henry Holt, 2005), 28–31.
26. 26. The most notable attempt was an intensive effort by Harold Raistrick, a biochemistry professor at the London School of Hygiene and Tropical Medicine. It took until 1964 before one of Fleming’s former assistants, Ronald Hare, solved the mystery of why Fleming had succeeded where others had failed. Fleming’s nine-day holiday away from the lab coincided with a historic cool front in London. That weather was ideal for the growth of the particular penicillin strain that had found its way from the adjacent lab of a fungus researcher. Fleming had left the uncovered petri dishes stacked in a corner of his lab, where they got no sunlight. “Without the nine cool days in the summer of 1928, Fleming would not have discovered penicillin.” Ronald Hare, The Birth of Penicillin (Sydney, Australia: Allen & Unwin, 1970); Lax, The Mold in Dr. Florey’s Coat, 13–17, 47–48; Clark, The Life of Ernst Chain, Kindle Edition, 521 of 3834; Podolsky, Cures out of Chaos, 186–89.
27. 27. A. S. van Miert, “The sulfonamide-diaminopyrimidine story,” Journal of Veterinary Pharmacology and Therapeutics, 17: 309–316.
28. 28. Temin, Taking Your Medicine, 62–63.
29. 29. His wrong calculation about Hitler’s longevity was personally costly. By the time Chain tried to get his mother and sister out of Germany, the Nazis had stopped the emigration of Jews. Both died in the Theresienstadt concentration camp in 1942. Ronald Clark, The Life of Ernst Chain: Penicillin and Beyond (originally published in London: Weidenfeld & Nicolson Limited, 1985; Kindle Edition by Bloomsbury Press, 2011), 139 of 3834.
30. 30. Clark, The Life of Ernst Chain, 17 of 3834.
31. 31. Lax, The Mold in Dr. Florey’s Coat, 80–81.
32. 32. Eight mice were injected with the bacteria and four administered penicillin. The four that got the drug were the ones that survived. The results of the experiment happened to fall on May 26, the first day a flotilla of small ships started the evacuation of 300,000 British troops who were trapped by the German army in the French seaport of Dunkirk. Clark, The Life of Ernst Chain, 911–19 of 3834.
33. 33. Charles Fletcher, “First Clinical Use of Penicillin,” British Medical Journal, Vol. 289, 1984, 1721.
34. 34. Ibid.
35. 35. Ibid.
36. 36. Ibid., 1721–23.
37. 37. May and Baker (M&B) 693 and Prontosil were the first sulfas, introduced in 1936. M&B was briefly heralded as a “wonder drug” after it was credited with twice saving Winston Churchill’s life in 1943 when he was infected with bacterial pneumonia. Although both drugs were effective in fighting some infections, the list of alarming side effects accumulated in the first few years of use. Penicillin replaced both drugs. Gregory J. Higby and Elaine C. Stroud, The Inside Story of Medicines: A Symposium (Madison, WI: American Institute of the History of Pharmacy, 1997), 101–19. As for the others treated with penicillin by the Oxford team, see Florey, H., et al, “Penicillin in Action,” Lancet, Aug. 16, 1941; Charles Fletcher, “First Clinical Use of Penicillin,” British Medical Journal, Vol. 289, December 22–29, 1984.
38. 38. Florey and his team did not realize that Penicillin would also create a therapeutic revolution for effective treatment of nonlethal chronic infections of the joints, bones, and sinuses. Fanu, The Rise and Fall of Modern Medicine, 5.
39. 39. Lax, The Mold in Dr. Florey’s Coat, 3.
40. 40. J. E. Lesch, The First Miracle Drugs: How the Sulfa Drugs Transformed Medicine (Oxford: Oxford University Press, 2007). M. Lawrence Podolsky, The Antibiotic Era: Reform, Resistance, and the Pursuit of a Rational Therapeutics (Baltimore, MD: Johns Hopkins University Press, 2015), 18.
41. 41. Milton Silverman and Philip R. Lee, Pills, Profits and Politics (Berkeley, CA: University of California Press, 1974), 4–5.
42. 42. Graham Dutfield, Intellectual Property Rights and the Life Sciences Industry, 2nd Edition (Singapore: World Scientific Publishing, 2009), 135; Clark, The Life of Ernst Chain, 1062–82 of 3834; Podolsky, Cures out of Chaos, 203; Lax, The Mold in Dr. Florey’s Coat, 163.
43. 43. The Rockefeller Foundation agreed to a two-year grant; £1,250 per year ($5,000). They later extended it to a five-year grant. Podolsky, Cures out of Chaos, 199.
44. 44. Clark, The Life of Ernst Chain, 1275 of 3834.
45. 45. It was renamed the National Center for Agricultural Utilization Research in 1990. The medical and scientific community, however, still calls it the Northern Lab, the name by which it played its central role in the penicillin project.
46. 46. The penicillin yields the Oxford researchers had before Peoria averaged 4 units per milliliter of culture broth. The cantaloupe found by the housewife yielded 250 units per milliliter. The University of Wisconsin turned out 50,000 units with its enhanced technology. Every strain of penicillin produced since World War II is a direct descendant of that Peoria cantaloupe strain. Blaser, Missing Microbes, 73–75. See also Lax, The Mold in Dr. Florey’s Coat, 180–87.
47. 47. Podolsky, Cures out of Chaos, 194–95; Lax, The Mold in Dr. Florey’s Coat, 146–47.
48. 48. Daniel Lee Kleinman, Politics on the Endless Frontier: Postwar Research Policy in the United States (Durham, NC: Duke University Press, 1995), 51.
49. 49. “Prohibited Acts and Penalties,” Subchapter III of Chapter 9, “Federal Food, Drug and Cosmetic Act.”
50. 50. “Good Medicine, Bad Behavior: Drug Diversion in America: The History of Prescription Drugs,” Drug Enforcement Administration museum display, Springfield, VA.
51. 51. The FDA, created in 1931, wanted Congress to revise the outdated 1906 Food and Drug Act, under which the FDA was virtually powerless. It tried building support by getting press coverage for its “Chamber of Horrors,” photos of horrible side effects caused by deceptively packaged or dangerous medications and cosmetics. Pharma managed to kill the bill every year. Kathryn C. Zoon and Robert A. Yetter, “The Regulation of Drugs and Biological Products by the Food and Drug Administration,” in Principles and Practice of Clinical Research (New York: Academic Press, 2007); Robert E. Freer, Chairman, Federal Trade Commission, “Truth in Advertising (With Specific Relation to the Broadcasting Industry),” talk before the Radio Executives Club of New York, November 20, 1944; Leonard M. Schechtman, “The Safety Assessment Process—Setting the Scene: An FDA Perspective,” ILAR Journal, Volume 43, Issue Suppl. 1, 2002, S5–S10.
52. 52. Although the law passed in 1938, the legislation had been drafted in 1933 and stalled. The Elixir Sulfanilamide disaster provided the impetus for Congress to finally act. Temin, “The Evolution of the Modern Pharmaceutical Industry,” 9; Jef Akst, “The Elixir Tragedy,” Scientist, June 1, 2013. The poisonous compound was diethylene glycol. Elixir Sulfanilamide was a solution of 10 percent sulfanilamide, 16 percent water, and a deadly 72 percent diethylene glycol.
53. 53. Carpenter, Reputation and Power, 85–89, 98–101.
54. 54. A drug could be recalled, for instance, if it turned out to be dangerous to patient health at the dosage recommended on the label. Zoon and Yetter, “The Regulation of Drugs and Biological Products by the Food and Drug Administration”; Freer, “Truth in Advertising” talk; Schechtman, “The Safety Assessment Process.”
55. 55. David F. Cavers, “The Food, Drug, And Cosmetic Act Of 1938: Its Legislative History And Its Substantive Provisions,” 6 Law and Contemporary Problems, 2–42 (Winter 1939). See also Zoon and Yetter, “The Regulation of Drugs and Biological Products by the Food and Drug Administration.”
56. 56. “History of Federal Regulation: 1902–Present: Food, Drug, and Cosmetic Act of 1938,” FDAReview.org, a project of the Independent Institute, http://www.fdareview.org/01_history.php.
57. 57. Peter Temin, “The Origin of Compulsory Drug Prescriptions,” Journal of Law and Economics, Number 222, Massachusetts Institute of Technology, September 1977.
58. 58. The FDA later put warnings on two powerful barbiturates, Seconal and Nembutal.
59. 59. Bayer’s Prontosil was the first commercially sold sulfa medication; the company marketed it to combat blood infections and some strains of bacterial pneumonia.
60. 60. Aldridge et al., “The Discovery and Development of Penicillin, 1928–1945,” The Alexander Fleming Museum, November 19, 1999, 5. See also Lax, The Mold in Dr. Florey’s Coat, 185–86.
61. 61. His full name was George Wilhelm Herman Emanuel Merck. He told Time magazine in a 1952 cover profile, “Named after all my uncles, who had to give me silver presents for ten years.” “Medicine: What the Doctor Ordered,” Time, August 18, 1952.
62. 62. James C. Collins and Jerry I. Porras, Built to Last: Successful Habits of Visionary Companies (New York: Harper Business,1994).
63. 63. Some of them included Hans Molitor from Austria, and the University of Wisconsin’s Karl Folkers and Harvard’s Max Tishler. Before Merck established that lab, the American Society for Pharmacology and Experimental Therapeutics barred the admission of anyone who worked for private industry. L. Galambos and J. L. Sturchio, “Transnational Investment: The Merck Experience. 1891–1925,” in H. Pohl, Ed., Transnational Investment from the 19th Century to the Present (Stuttgart: Franz Steiner Verlag, 1994), 232–35; “Medicine: What the Doctor Ordered.”
64. 64. Besides B₁, Merck developed in order, B₂ for pellagra, B₁₂ for anemia, vitamin C for colds, and vitamin A for eyesight. Gortler, “Merck in America,” 4; “Medicine: What the Doctor Ordered.” See also Rodengen, The Legend of Pfizer, 44.
65. 65. Aldridge, “The Discovery and Development of Penicillin.”
66. 66. Bayer had developed an earlier process for developing the same chemical for which it later discovered therapeutic benefits. Although its patent on that process had expired, it managed to obtain patents in the U.S. and U.K. on Prontosil. While Merck preferred to use Bayer’s premium-priced drug, any pharma firm was free to make and sell medicines with its active ingredient, sulfanilamide. John E. Lesch, The First Miracle Drugs, 153–54. Also see Dutfield, Intellectual Property Rights and the Life Sciences Industry, 91.
67. 67. Leon Gortler, “Merck in America: The First 70 Years From Fine Chemicals to Pharmaceutical Giant,” Bulletin for the History of Chemistry, Volume 25, Number 1, 2000, 6; “Medicine: What the Doctor Ordered.”
68. 68. George W. Merck quoted in “Medicine: What the Doctor Ordered.”
69. 69. Aldridge, “The Discovery and Development of Penicillin,” 6.
70. 70. The official was Robert Coghill, the chief of the Department of Agriculture’s Fermentation Department. Peter Neushul, “Science, Government, and the Mass Production of Penicillin,” Journal of the History of Medicine and Allied Sciences 48 (October 1993), 388.
71. 71. “Penicillin Data Exchange Exempted from Antitrust Laws,” Oil, Paint, and Drug Reporter, December 20, 1943.
72. 72. Pfizer’s experience with deep fermentation for manufacturing citric acid gave them an advantage when it came to mastering penicillin production. See Rodengen, The Legend of Pfizer, 18–19, 53–58.
73. 73. Roswell Quinn, “Rethinking Antibiotic Research and Development: World War II and the Penicillin Collaborative,” American Journal of Public Health 103.3, (2013): 426–34.
74. 74. Ibid.
75. 75. U.S. Federal Trade Commission, “Economic Report on Antibiotics Manufacture,” (Washington, D.C.: Government Printing Office, 1958), 47–60.
76. 76. Lewis H. Sarett and Clyde Roche, Chapter on Max Tishler in Biographical Memoirs, V. 66, Office of the Home Secretary, National Academy of Sciences (Dulles, VA, The National Academies Press, 1995), 353–70. See also Amy K. Saenger, “Discovery of the Wonder Drug: From Cows to Cortisone,” Clinical Chemistry 56 (8) (August 2010), 1349–50.
77. 77. Lax, The Mold in Dr. Florey’s Coat, 1.
78. 78. Ibid., 1–2.
79. 79. Jie Jack Li, Triumph of the Heart: The Story of Statins (Oxford: Oxford University Press, 2009).
80. 80. Miller was released after two weeks. She died in 1999 at the age of ninety.
81. 81. Wolfgang Saxon, “Anne Miller, 90, First Patient Who Was Saved by Penicillin,” New York Times, June 9, 1999, A27.
82. 82. The Boston Globe broke the news about the existence of penicillin, although the paper did not know its name. It reported that “police escorts from four states accompanied a consignment of an as yet unnamed drug rushed to the Massachusetts General Hospital.… A 32-liter supply of this drug, described as priceless by a laboratory technician, will be used to prevent infection from the burns. The mercy vehicle arrived at 4:30 this morning after a seven-hour, 368-mile drive through steady rain.” Boston Globe, December 2, 1942.
83. 83. Lax, The Mold in Dr. Florey’s Coat, 206–7.
84. 84. Kleinman, Politics on the Endless Frontier, citing a 1946 article in Fortune, 69.
85. 85. Nathaniel Comfort, “The Prisoner as Model Organism: Malaria Research at Stateville Penitentiary,” Studies in History and Philosophy of Biological and Biomedical Sciences 40.3 (2009), 190–203.
86. 86. Andrea Tone, The Age of Anxiety: A History of America’s Turbulent Affair with Tranquilizers (New York: Basic Books, 2012), 23.
87. 87. Le Fanu, The Rise and Fall of Modern Medicine, 20–21.
88. 88. Robert Bud, “Upheaval in the moral economy of science? Patenting, teamwork and the World War II experience of penicillin,” History and Technology no. 2 (2008).
89. 89. Rosen, Miracle Cure, 218, 358.
90. 90. Although Merck led American pharma into the penicillin project with the government, and benefited from the federal funding, it was not the largest wartime penicillin producer. Squibb and Pfizer manufactured more than their rivals. The business shifted postwar and Merck competed for the top spot in penicillin sales. Gortler, “Merck in America,” 6. The penicillin project was the first but not last in which American pharma was dependent on government or charitable largesse. The polio vaccine in the 1950s, for instance, was the result of public funding. And Planned Parenthood underwrote the initial research for the contraceptive pill. Basil Achilladelis, Alexander Scriabine, and Ralph Landau, Pharmaceutical Innovation, Revolutionizing Human Health (Philadelphia: Chemical Heritage Press, 1999), 15–16. See also Michael Hiltzik, “The Origins of Big Science,” Boom, Fall 2015, Vol. 5, No. 3.

Chapter 5: “Could You Patent the Sun?”

1. 1. Chain quoted in Clark, The Life of Ernst Chain, 853 of 3834.
2. 2. Lax, The Mold in Dr. Florey’s Coat, 80–81, 211–23, 238–43.
3. 3. Clark, The Life of Ernst Chain; Lax, The Mold in Dr. Florey’s Coat, 261.
4. 4. Controversy in a Nobel award was not always contingent on leaving out a key contributor. Portuguese physician Egas Moniz was controversial in 1941 because many doctors were not convinced that his development of a prefrontal lobotomy to treat serious mental illness was an advance worthy of the prize. About forty thousand Americans were lobotomized, the peak period was from just after World War II and into the early 1950s. Dowbiggin, The Quest for Mental Health, 112; Dutfield, Intellectual Property Rights and the Life Sciences Industry, 112–13.
5. 5. Ernst Chain told The New York Times in late 1945: “No one in our group has received a penny out of this but firms are making millions of dollars.… I don’t see why a commercial development should get so much money. I thought the governments would take over the production of penicillin and there would be no great profits.” Lax, The Mold in Dr. Florey’s Coat, 246–47; Clark, The Life of Ernst Chain, 1996 of 3834.
6. 6. Temin, Taking Your Medicine, 56.
7. 7. Andrew J. Moyer and Robert D. Coghill, “The Effect of Phenylacetic Acid on Penicillin Production,” Journal of Bacteriology, 1947 Mar; 53(3): 329–41. See also “Application for United State Patent 2476107, “Method for Production of Penicillin,” July 12, 1949, U.S. Patent Office, Washington, D.C.; Wesley W. Spink, MD, Infectious Diseases: Prevention and Treatment in the Nineteenth and Twentieth Centuries (Minneapolis, MN: University of Minnesota Press, 1978), 101.
8. 8. Henry Harris quoted in Lax, The Mold in Dr. Florey’s Coat, 251.
9. 9. See Table 63, “Antibiotic Patents Acquired by the United States and 11 Principal Producers of Antibiotics, 1942–1956,” in the U.S. Federal Trade Commission, “Economic Report on Antibiotics Manufacture” (Washington, D.C.: Government Printing Office, 1958), 234–35. Typical was Squibb’s development and patenting of a unique process by which it mixed penicillin with peanut oil and beeswax. It claimed prolonged absorption at the injection site. The drug’s short half-life was a concern since it required more frequent dosing to maintain the therapeutic levels. Squibb abandoned it after an “unacceptable rate of allergic reactions.” Karen Bush, “The coming of age of antibiotics: discovery and therapeutic value,” Antimicrobial Therapeutics Reviews, Annals of The New York Academy of Sciences, Decmber 23, 2010, 3. See also Quinn, “Rethinking Antibiotic Research and Development.”
10. 10. Dutfield, Intellectual Property Rights and the Life Sciences Industry, 75–76.
11. 11. The top four firms controlled 28 percent of all sales. Economic Report on Antibiotics Manufacture, Federal Trade Commission (Washington, D.C.: Government Printing Office, 1958), 47–49, 92–95. See also U.S. Bureau of the Census, Census of Manufactures (Washington, D.C., Government Printing Office, 1947–1957), 3; George J. Stigler, Capital and Rates of Return in Manufacturing Industries (Princeton: Princeton University Press for the National Bureau of Economics Research, 1963), 58–62; Walter Adams, (ed.), The Structure of American Industry (4th ed. New York: Macmillan, 1971), 166.
12. 12. Quinn, “Rethinking Antibiotic Research and Development.”
13. 13. The government spent $7.6 million on the plants and sold them for $3.4 million. Elmer L. Gaden, Jr., Fermentation Process Kinetics, presented at the 134th National Meeting of the American Chemical Society, Chicago, September 1958, reprinted in Journal of Biochemical and Microbiological Technology and Engineering, Vol. 1, No. 4, pp. 413–29 (1959). For the ways in which the government helped the drug industry, see U.S. Federal Trade Commission, “Economic Report on Antibiotics Manufacture” (Washington, D.C.: Government Printing Office, 1958, 6, 13; Temin, “The Evolution of the Modern Pharmaceutical Industry,” 12.
14. 14. Bacteria is either Gram-positive or -negative depending on its reaction to a chemical stain developed in 1884 by Hans Christian Gram, a Danish bacteriologist.
15. 15. All antibiotics ending with “mycin” are natural products or derivatives obtained from soil microbes. Antibiotics ending with “micin” are those obtained from plant microbes.
16. 16. Waksman extracted streptomycin from a microorganism that was known for thirty years but had never been screened for antibiotic properties. Dutfield, Intellectual Property Rights and the Life Sciences Industry, 142; Albert Schatz, Elizabeth Bugie, and Selman Waksman, “Streptomycin, a Substance Exhibiting Antibiotic Activity Against Gram-Positive and Gram-Negative Bacteria,” Proceedings of the Society for Experimental Biology and Medicine 55 (1944): 66–69; Peter Pringle, Experiment Eleven: Dark Secrets Behind the Discovery of a Wonder Drug (London: Bloomsbury, 2012, Kindle Edition).
17. 17. A British medical statistician, Sir Austin Bradford Hill, designed the first randomized double-blind controlled clinical trial in 1946. It showed conclusively streptomycin’s effectiveness in combating tuberculosis. Hill’s clinical trial format remains the gold standard today for testing new drugs for safety and therapeutic value.
18. 18. Peter Pringle, Experiment Eleven, 4, 62.
19. 19. Ibid., 60.
20. 20. Stacy Jones, “Ten Patents That Shaped the World,” New York Times Magazine, September 17, 1961. The other nine patents chosen by the Times were: the telephone, moldable plastics, Thomas Edison’s lamp, gasoline, rockets, synthetic fibers, the vacuum tube, powered flight, and nuclear power.
21. 21. Rutgers agreed to pay Merck $500,000 from future royalties on streptomycin to compensate the company for what it had spent on research. See “Circulation of Antibiotics: Journeys of Drug Standards, 1930–1970,” papers presented from June 16–18, 2009, Madrid, Spain, European Science Foundation, Centro de Ciencias Humanas y Sociales Consejo Superior de Investigaciones Científicas (CSIC), edited by Ana Romero, Christoph Gradmann, and Maria Santemases, Oslo, Norway, May 2010, 126–27. See also Temin, “The Evolution of the Modern Pharmaceutical Industry,” 15.
22. 22. Pringle, Experiment Eleven, 99.
23. 23. J. P. Garrod, “Obituary of Waksman,” British Medical Journal (1973), 506.
24. 24. Richard Seth Epstein, “The Isolation and Purification Exception to the General Unpatentability of Products of Nature,” Columbia Science and Technology Review, January 15, 2003; Pringle, Experiment Eleven.
25. 25. Funk Brothers Seed Co. v. Kalo Inoculant Co., 333 U.S. 127 (1948).
26. 26. Jonas Salk quoted in Brian Palmer, “Jonas Salk: Good at Virology, Bad at Economics,” Slate, April 13, 2014.
27. 27. Selman Waksman, response to patent examiner’s objections, June 5, 1946, in Patent Application no. 577,136, February 9, 1945. See Parke-Davis & Co. v. H. K. Mulford & Co., 189 F. 95 (C.C.S.D.N.Y. 1911); Kuehmsted v. Farbenfabriken of Elberfeld Co., 179 F. 701 (7th Cir. 1910).
28. 28. Two months earlier, Merck chemist Robert Peck got a patent for a process that extracted crystalline salts from streptomycin. Merck’s lawyers did the patent work free of charge for Rutgers; it was part of the joint agreement that nullified Merck’s exclusive right to the drug. U.S. Patent Office patent No. 2,449,866; Sept. 21, 1948.
29. 29. The average royalty rate was 6 percent of sales. Because of its business arrangement with Waksman, Merck got a preferred rate of 2.5 percent. It also got that low royalty for any drug that Waksman discovered. Pringle, Experiment Eleven, 30.
30. 30. Milton Wainwright, “Streptomycin: Discovery and Resultant Controversy,” History and Philosophy of the Life Science, Vol. 13, No. 1 (1991), 97–124; J. H. Comroe, “Retrospectroscope, Pay Dirt: The Story of Streptomycin,” Part 1 “From Waksman to Waksman”; Part 2 “Feldman, Hinshaw, Lehman,” both in American Review of Respiratory Diseases (1978), 117, 773–81, 957–68). See also Peter A. Lawrence, “Rank Injustice,” Nature, Vol. 415/February 21, 2002, 835.
31. 31. The other 0.3 percent was from sales of gramicidin 10 and bacitracin, peptidic antibiotic ointments. Bush, “The coming of age of antibiotics,” 1–4. See also Economic Report on Antibiotics Manufacture, 67.

Chapter 6: An Unlikely Trio

1. 1. William L. O’Neill, American High: The Years of Confidence, 1945–1960 (Florence, MA: Free Press, 1986).
2. 2. Alvin M. Weinberg, “Impact of Large Scale Science on the United States,” Science, Vol. 134, Issue 3473, July 21, 1961, 161–64.
3. 3. Le Fanu, The Rise and Fall of Modern Medicine, xvii. The first open-heart surgery in 1953 was an eleven-year-old Philadelphia girl doctors put into a freezer to lower her body temperature to 88 degrees. That allowed them to stop her blood flow for five minutes so they could close a hole in her heart wall. “ ‘Deep Freeze’ Surgery,” Time, April 20, 1953, 127.
4. 4. C. Everett Koop, “Keynote Address: Medicines in American Society—A Personal View,” in Gregory J. Higby and Elaine C. Stroud, The Inside Story of Medicines: A Symposium (Madison, WI: American Institute of the History of Pharmacy, 1997), 9.
5. 5. The NIH was created in 1897. Most of its modern components were more recent. The National Cancer Institute was formed in 1937. After World War II, there was the National Institute of Mental Health (1946) and the National Heart Institute and National Dental Institute (1948). Congress added about $15 million a year to the NIH budget under Eisenhower. By 1956, its budget had reached $100 million. By 1960, the NIH was spending $250 million on 10,000 research projects at 220 universities and medical schools. As of 2019, the NIH has spent $900 billion on research grants. Wesley W. Spink, Infectious Diseases: Prevention and Treatment in the Nineteenth and Twentieth Centuries (Minneapolis, MN: University of Minnesota Press, 1978), 43–49; Kleinman, Politics on the Endless Frontier, citing a 1946 article in Fortune, 151–52.
6. 6. The Department of Labor had been created in 1913.
7. 7. U.S. Federal Trade Commission, “Economic Report on Antibiotics Manufacture,” (Washington, D.C.: Government Printing Office, 1958), 7, 8.
8. 8. Dutfield, Intellectual Property Rights and the Life Sciences Industry, 143, 146. See also U.S. Federal Trade Commission, “Economic Report on Antibiotics Manufacture” (Washington, D.C.: Government Printing Office, 1958), 17.
9. 9. Vagelos and Galambos, Medicine, Science, and Merck, 39.
10. 10. Joseph G. Lombardino, “A Brief History Of Pfizer Central Research,” Bull. Hist. Chem., Vol. 25, Number 1 (2000), 11–12.
11. 11. Liebenau, Medical Science and Medical Industry, 101–3.
12. 12. SubbaRow’s name is spelled differently in many books and publications. When the Smithsonian had an exhibit in 2014, titled “Beyond Bollywood: Indian Americans Shape the Nation,” the spelling was Subbarao. However, in all his scientific publications, including his first in 1929 in The Journal of Biological Chemistry, he spelled his surname as SubbaRow. One Indian writer believes SubbaRow was “an attempt to anglicize his name so non-Indian speakers didn’t butcher it as much.” The author checked public records. The U.S. Naturalization entry card is Subbarow; 1936 Boston telephone listing is “Dr. Y Subbarow,” and the 1948 Orangetown, New York, death listing is “Subbarow.” On a 1942 World War II Draft Registration card, the name is listed as SubbaRow and it is signed by him as “Yellapragada SubbaRow.” See “The Indian-American I didn’t know: Yellapragada Subbarao,” May 24, 2014, at http://wildtypes.asbmb.org/2014/03/24/the-indian-american-i-didnt-know-yellapragada-subbarao/.
13. 13. Gopalpur Nagendrappa, “Yellapragada SubbaRow: The Man of Miracle Drugs,” Resonance, June 2012, 539.
14. 14. He was presented with a choice between two cousins in the same family. He chose one a year younger hoping he might not have to start a family immediately and thereby have more time to devote to his studies. Nagendrappa, “Yellapragada SubbaRow,” 540; Transcript of Kasturi Suryanarayana Murti, interviewed by S P K Gupta, at Kakinada in August 1954, collection of author.
15. 15. In the few months before he left for America, neighbors thought it peculiar that SubbaRow spent an hour or more on a swing in a rusted and abandoned playground. It was his way of preparing for his sea voyage to America. It worked; he never got seasick. More troublesome was that his father-in-law had not bought him even a third class ticket, which would have entitled him to so-called steerage in the bottom of the ship. Instead he had to stay on the deck, exposed to the elements. As the only vegetarian passenger, he had trouble eating well. Transcript of Kasturi Suryanarayana Murti, interviewed by S P K Gupta, at Kakinada in August 1954, collection of author.
16. 16. As for the death of his child, SubbaRow told friends he had predicted it through astrological calculations he had done before the child was born. Another son born the following year died before his first birthday from a bacterial infection. SubbaRow never saw that child, either. See Nagendrappa, “Yellapragada SubbaRow,” 538–57; R. Parthasarathy, “Discoverer of miracle medicines,” Science and Technology, The Hindu, March 13, 2003.
17. 17. Transcript of Kasturi Suryanarayana Murti, interviewed by S P K Gupta, at Kakinada in August 1954, collection of author. See also Parthasarathy, “Discoverer of miracle medicines.”
18. 18. C. H. Fiske, and Y. SubbaRow, “The Colorimetric Determination of Phosphorus,” Journal of Biological Chemistry 66, 1929, 375–400.
19. 19. This is according to George Hitchings, one of SubbaRow’s lab mates, who in 1988 was awarded the Nobel Prize in Medicine.
20. 20. Harvard’s excuse for the shoddy treatment was that while the State Department permitted him to stay in America because of his professional pursuits, his visa had to be renewed biannually and he was not eligible for American citizenship. The school claimed that uncertainty about his status prevented him from becoming a faculty member. Nagendrappa, “Yellapragada SubbaRow,” 545–46.
21. 21. Farber’s discovery was in 1947 and most doctors refused to believe his results on children with acute leukemia could be replicated. There had never been any treatment for a blood or bone marrow cancer. The only previous treatments had been surgery and radiation, both of which were at much cruder stages than what would be available between immunotherapy and targeted therapies in several decades. Denis R. Miller, “Sidney Farber: The Father of Modern Chemotherapy,” British Journal of Haematology, Vol. 134, Issue 1 (2006).
22. 22. Before Wisconsin, Duggar had been Professor of Botany at the University of Missouri as well as Chair of Plant Physiology at Cornell, and Acting Professor of Biological Chemistry at Washington University Medical School. Nagendrappa, “Yellapragada SubbaRow,” 551. See “Dr. Benjamin Duggar Dies at 84; Led in Discovery of Aureomycin,” New York Times, September 11, 1956, 35.
23. 23. Since attendance was not mandatory, sometimes he would be talking to only one clinician.
24. 24. Dorothy Duggar, “Our Lineage,” thirteen-page typewritten document about Dorothy’s recollections and details about her grandparents, Dr. Reuben Henry Duggar and Margaret Louisa Minge, undated, collection of author.
25. 25. G. W. Kitt, “Benjamin Minge Duggar: 1872–1956,” Mycologia, Vol. 39, No. 3, May–June 1957, 434–38.
26. 26. M. L. Nelson and S. B. Levy, “The history of the tetracyclines,” Annals of the New York Academy of Sciences, 1241, (2011), 18.
27. 27. Ibid., 18–19.
28. 28. Benjamin M. Duggar, “Aureomycin: a product of the continuing search for new antibiotics,” Annals of the New York Academy of Sciences, 51 (1948), 177–81.
29. 29. W. Montague Cobb, “Louis Tompkins Wright, 1891–1952,” Journal of the American Medical Association, March 1953, 130–46. See Life, 1938, 53.
30. 30. Karen Jordan, “The Struggle and Triumph of America’s First Black Doctors,” Atlantic, December 6, 2016.
31. 31. Wright’s view on race was formed in large part from a traumatic event when he was fifteen, in 1906. A story that some black men assaulted white girls sparked three deadly days of riots by marauding white mobs. His stepfather handed him a shotgun and instructed him to guard the family home. After the riots, young Wright came across the corpse of a lynched black man in the woods near his school. It seemed to Wright that the chasm between the races would never be mended. “The Higher Education of Louis Tompkins Wright,” Journal of Blacks in Higher Education, April 30, 2001.
32. 32. Ibid.
33. 33. Vanessa Northington Gamble, Making a Place for Ourselves: The Black Hospital Movement, 1920–1945 (Oxford, UK: Oxford University Press, 1995), 60.
34. 34. Massachusetts General, Peter Bent Brigham, and Boston City rejected him. Although he graduated cum laude from Harvard Medical School, he was not allowed to march with the other honors students and had to stay in the rear.
35. 35. Gamble, Making a Place for Ourselves, 60.
36. 36. In 1916, when Woodrow Wilson planned a huge parade for peace in Washington, the Freedman’s Hospital staff was included in the event. Wright refused to participate because all the black marchers were assigned to the rear.
37. 37. Gamble, Making a Place for Ourselves.
38. 38. Ibid., 70–89; U.S. Public Health Service Syphilis Study at Tuskegee, Centers for Disease Control and Prevention, https://www.cdc.gov/tuskegee/timeline.htm.
39. 39. David Warmflash, “Profiles in Science: Louis Tompkins Wright: Surgeon, Scientist, Civil Rights Activist,” VisionLearning, Vol. SCIRE-3 (5), 2017; Gamble, Making a Place for Ourselves, 62.
40. 40. History of Harlem Hospital Center, General Surgery Department, General Surgery Residency Program, http://www.cumc.columbia.edu/harlemhospital/surgery-residency/generalsurgerydept/History%20of%20Harlem%20Hospital%20Center.
41. 41. Podolsky, The Antibiotic Era, 23.
42. 42. Warmflash, “Profiles in Science.”
43. 43. Rosen, Miracle Cure, 216; Podolsky, The Antibiotic Era, 21–22.
44. 44. Podolsky, The Antibiotic Era, 25–26. See also “A Review of the Clinical Uses of Aureomycin” (New York: Lederle Laboratories, 1951), 9.
45. 45. U.S. Federal Trade Commission, “Economic Report on Antibiotics Manufacture,” (Washington D.C.: Government Printing Office, 1958), 130, 139. See also Charles E. Silberman, “Drugs: The Pace is Getting Furious,” Fortune (May 1960), 140.
46. 46. New York Times, October 11, 1952, 19; New York Times, September 11, 1956, 33; Vanessa Northington Gamble, Making a Place for Ourselves: The Black Hospital Movement, 1920–1945 (New York: Oxford University Press, 1995).

Chapter 7: A One-Atom Difference

1. 1. Podolsky, The Antibiotic Era, 26–27.
2. 2. Ernest Jawetz, “Infectious Diseases: Problems of Antimicrobial Therapy,” Annual Review of Medicine 5 (1954): 1–2. See also Podolsky, The Antibiotic Era, 204–5.
3. 3. Blaser, Missing Microbes, 77–78.
4. 4. An Australian study of patients in a hospital ward provided the first evidence in 1945 of resistance to penicillin. Two further studies published in the late 1940s in British medical publications demonstrated the Australian cases were not an anomaly. It took a decade for scientists to understand how pathogenic bacteria mutated to become resistant to antibiotics. And it was another decade before they realized that some disease-causing microbes have a variant gene that allows them to survive an antibiotic. Those genetic variants then multiply, giving the impression that the emerging bacterial strain is resistant to drugs. As for the bacteria without the resistant gene, once each microbe realizes an antibiotic will overcome it, its cell activates what one doctor has dubbed a “bacterial hara-kiri.” Blaser, Missing Microbes, 76–78. See generally Louis Weinstein, “The Spontaneous Occurrence of New Bacterial Infections during the Course of Treatment with Streptomycin or Penicillin,” American Journal of Medical Science 214 (1947): 56–63; Mary Barber, “Staphylococcal Infection Due to Penicillin-Resistant Strains,” British Medical Journal 2 (1947): 863; Mary Barber and Mary Rozwadowska-Dowzenko, “Infection by Penicillin-Resistant Staphylococci,” Lancet 255 (1948). There were published reports of patient resistance only a year after Lederle’s release of Aureomycin. See C. M. Demerec, “Patterns of bacterial resistance to penicillin, aureomycin, and streptomycin,” Journal of Clinical Investigation, 28, 1949, 891–93. For more comprehensive warnings in the early to mid-1950s, see Wendell H. Hall, “The Abuse and Misuse of Antibiotics,” Minnesota Medicine 35 (1952), 629; Jawetz, “Infectious Diseases,” 1–2.
5. 5. Interview with William W. Goodrich, part of the FDA Oral History Program, October 15, 1986;1:4–8; Edward Shorter, “The Liberal State and the Rogue Agency: FDA’s Regulation of Drugs for Mood Disorders, 1950s–1970s,” International Journal of Law and Psychiatry 31.2 (2008): 126–35.
6. 6. “Editorial: Significance of Chloromycetin,” Therapeutic Notes 56 (July–Aug. 1949): 157; Rosen, The Creation of Antibiotics, 247.
7. 7. Merck did not have a broad-spectrum antibiotic yet was second with $120 million in revenue derived from its sulfas, hormones, penicillin and streptomycin, and vitamins. Only three patented antibiotics were produced under Merck’s name. Otherwise, it provided drugs for other companies. “Medicine: What the Doctor Ordered,” Time, August 18, 1952; Tom Mahoney, Merchants of Life (Riverdale, NY: Ayer Co., 1980), 68–70. As for Chloromycetin and what led to its recall from the market, see Carpenter, Reputation and Power, 148–49.
8. 8. Rodengen, The Legend of Pfizer, 45–48.
9. 9. Rosen, Miracle Cure, 218.
10. 10. John E. McKeen, “Antibiotics and Pfizer & Co.,” Armed Forces Chemical Journal, Vol. III, No. 8 (April 1950), 37–38.
11. 11. Chemical Engineering, November 1950, 162, cited in U.S. Federal Trade Commission, “Economic Report on Antibiotics Manufacture” (Washington, D.C.: Government Printing Office, 1958), 231.
12. 12. Samuel Mines, Pfizer: An Informal History (New York: Pfizer, 1978), 107–21.
13. 13. Jeffrey L. Rodengen, The Legend of Pfizer.
14. 14. By a different metric, total gross sales, pharma had become the largest industry in 1948 and reigned supreme for twenty years. See Rosen, Miracle Cure, 169.
15. 15. John McKeen quoted in Business Week, March 26, 1950, 26; see Robert Bud, “Resisting Antibiotics: The Social Challenges of Drug Reform,” Boston Review, October 27, 2015; Pringle, Experiment Eleven.
16. 16. U.S. Federal Trade Commission, “Economic Report on Antibiotics Manufacture” (Washington, D.C.: Government Printing Office, 1958), 230.
17. 17. Hawthorne, The Merck Druggernaut, 25–26.
18. 18. Transcript of speech by George W. Merck, “Medicine Is for the Patient, Not for Profits,” December 1, 1950, available in full at https://www.merck.com/about/our-people/gw-merck-doc.pdf. See also James C. Collins and Jerry I. Porras, Built to Last: Successful Habits of Visionary Companies (New York: Harper Business, 1994).
19. 19. Merck stepped down that year as the company’s president and became the chairman, a position from which he was less involved in daily operations. In his years as president, Merck’s sales had boomed from $24 million annually to $171 million. A fifth of all its revenue came from foreign markets. Hawthorne, The Merck Druggernaut, 25–26.
20. 20. Rodengen, The Legend of Pfizer. Also see Ogden Tanner, 25 Years of Innovation: The Story of Pfizer Central Research (Lyme, CT: Greenwich Publishing Group, 1996).
21. 21. Rosen, Miracle Cure, 218–19.
22. 22. Stephens, C.R., et al., “Terramycin. VIII. Structure of Aureomycin and Terramycin,” Journal of the American Chemical Society, 1952, 74: 4976–77.
23. 23. Woodward remained a consultant to Pfizer through 1952, and they relied on his further research to enhance the therapeutic claims they made in advertisements.
24. 24. Affidavit of John E. McKeen, president of Chas. Pfizer & Co., February 20, 1950.
25. 25. U.S. Federal Trade Commission, “Economic Report on Antibiotics Manufacture,” (Washington, D.C.: Government Printing Office, 1958), 232, n. 20.
26. 26. Clinical tests then did not involve the use of placebos, formal techniques for randomization, or so-called blinding, in which test patients did not know what therapeutic agent they received. Instead, Wright, Hobby, and other doctors administered the test drug to patients who were sick with a wide range of bacterial infections and then monitored and recorded what happened. See generally Arthur A. Daemmrich, Pharmacopolitics: Drug Regulation in the United States and Germany (Chapel Hill, NC: The University of North Carolina Press, 2004).
27. 27. Terry Armstrong, “Distribution in Jig Time: The Story of Terramycin,” Sales Management 66 (1951): 74–78. See also Joseph D. McEvilla, “Competition in the American Pharmaceutical Industry,” PhD dissertation, University of Pittsburgh, 1955, 143.
28. 28. J.A. Greene and S. H. Podolsky, “Keeping modern in medicine: pharmaceutical promotion and physician education in postwar America,” Bulletin of the History of Medicine, The American Association For The History Of Medicine, The Johns Hopkins Institute of the History of Medicine, Vol. 83, No. 2 (Summer 2009), 343.
29. 29. It was called the Division of Penicillin Control and Immunology. Richard E McFadyen, “The FDA’s Regulation And Control Of Antibiotics In The 1950s: The Henry Welch Scandal, Félix Martí-Ibáñez, And Charles Pfizer & Co,” Bulletin of the History of Medicine, The American Association For The History Of Medicine, The Johns Hopkins Institute of the History of Medicine, Vol. 53, No. 2 (Summer 1979), 160.
30. 30. E. King to Chas. Pfizer & Company, 9 March 1951, FDA Files, AF 12-118. See also Thomas Maeder, Adverse Reactions (New York: William Morrow, 1994), 54; Rosen, Miracle Cure, 223.
31. 31. Rodengen, The Legend of Pfizer, 50.

Chapter 8: A “Jewish Kid from Brooklyn”

1. 1. Jackson Lears, Fables of Abundance: A Cultural History of Advertising in America (New York: Basic Books, 1995).
2. 2. An Austrian ad exec who worked for Sackler was Catholic but had a Jewish mother. “It was certainly a very embarrassing subject,” he later recalled. “I didn’t want to talk about it.” Lears, Fables of Abundance, 7.
3. 3. Lutze Marietta, Who Can Know the Other? A Traveler in Search of Home (Lunenburg, Vermont: Marietta Lutze Sackler, 1997, reprint 2002), no. 29 of 225 copies, in the Special Collections of Dartmouth Library, Rauner Presses Collection, 167.
4. 4. The Arthur M. Sackler Collections, http://arthurmsacklerfdn.org/the-sackler-collection/#prettyPhoto. The Educational Alliance was a nonprofit organization established in 1889 to help Jewish immigrants settle in America.
5. 5. The Heights campus, now the Bronx Community College of CUNY, was open from 1894 to 1973, when the university had to close it during a major national recession. http://www.nyuuniversityheights.com.
6. 6. http://arthurmsacklerfdn.org/the-sackler-collection/#prettyPhoto.
7. 7. “Arthur M. Sackler, M.D.,” Medical Tribune, Vol. 25, No. 22, June 10, 1987, 1.
8. 8. Lon Tuck, “Dr. Arthur Sackler: Art and Frustrations,” International Herald Tribune, September 27–28, 1986.
9. 9. Letter from A. B. Magil to Professor Alan M. Wald, September 4, 1991, transcript provided to the author in an email from Professor Wald, March 27, 2017.
10. 10. Tony Michels, Jewish Radicals: A Documentary History (New York: NYU Press Scholarship, March 2016), 2.
11. 11. Ibid., 2, 6.
12. 12. Ibid., 2, 5–6.
13. 13. Letter from A. B. Magil to Professor Alan M. Wald, September 4, 1991, transcript provided to the author in an email from Professor Wald, March 27, 2017. See also http://arthurmsacklerfdn.org/the-sackler-collection/.
14. 14. Letter from A. B. Magil to Professor Alan M. Wald, September 4, 1991, transcript provided to the author in an email from Professor Wald, March 27, 2017. Arthur had also been the business and advertising manager for his high school paper. See Lutze, Who Can Know the Other?
15. 15. Sackler believed promotion and sales were in the family genes. Arthur’s younger brother Mortimer followed Arthur into ad sales for his high school newspaper, and persuaded Chesterfield cigarettes to place a weekly ad in the paper. Mortimer got a $5 weekly commission from those ads ($101 in 2019). http://arthurmsacklerfdn.org/the-sackler-collection/#prettyPhoto. See also Bruce Weber, “Mortimer D. Sackler, Co-Owner of Purdue Pharma, Dies at 93,” New York Times, March 31, 2010, and J. Rosenfield, “Arthur Mitchell Sackler (1913–1987),” Archives of Asian Art, Vol. 41 (2011), 93.
16. 16. See Esther (Else) Jorgensen, New York Marriage License Record Indexes, 1907–1995, September 13, 1938, New York, New York, Spouse: Abraham Sackler.
17. 17. Rotating internships have fallen out of favor in recent decades as medical students have concentrated on residency programs for specialized practices. In Sackler’s era, the program was an introduction to a broad range of general medicine. As a house pediatrician at Lincoln, he had to practice under the supervision of another physician. Lincoln had opened in 1839 as the Home for the Colored Aged, then became the Colored Home and Hospital, before renamed in 1899 in honor of Abraham Lincoln. By the time Sackler interned there, New York City’s Department of Public Welfare owned it.
18. 18. Many private medical schools in the U.S. had admission quotas for Jews. Cornell, Pennsylvania, Columbia, and Yale were the most notorious. At Yale Medical School, for instance, in 1935, 76 students were accepted to the first-year class from 501 applicants. Five Jews were among those admitted. Dean Milton Winternitz had told the admission director: “Never admit more than five Jews, take only two Italian Catholics, and take no blacks at all.” Gerard N. Burrow, A History of Yale’s School of Medicine: Passing Torches to Others (New Haven, CT: Yale University Press, 2008), 107ff.
19. 19. Phil Hal, “Dr. Raymond Sackler, co-owner of Purdue Pharma, dies at 97,” West Fair, July 23, 2017; Phil Davison, “Drugs mogul with a vast philanthropic legacy.”
20. 20. Vera Schwarcz, Place and Memory in the Singing Crane Garden (Philadelphia: University of Pennsylvania Press, 2014), 193.
21. 21. “In Memory of Norman Bethune” was one of Mao’s early essays and became part of the “Three Articles to Be Constantly Read,” the small handful that were judged ideologically correct for Chinese communists. https://chineseposters.net/themes/98ethune.php.
22. 22. Yang Yuli, “U.S. Doctor’s Generosity to China,” Beijing Review, May 13–19, 1992, 29–34. See also Schwarcz, Place and Memory in the Singing Crane Garden, 193.
23. 23. See biographical information summary on Arthur Sackler in FBI report, File No. 65-1935, July 18, 1941, “Newark NJ office, re: Espionage, Schering Corporation, Dr. Gregory H. Stragnell, with aliases Gregor Straglovich, Gregory Passover, Nathan Pinkus.” See also report of June 23, 1942, part of FBI FOIPA response and release March 30, 1999, subject “Arthur M. Sackler,” FOIPA 442908, 89 pages.
24. 24. http://arthurmsacklerfdn.org/the-sackler-collection/.
25. 25. File No. 65-1935, July 18, 1941, Newark NJ office, NARA 65-HQ-4851, 10.
26. 26. When Weltzien joined the firm, it was Chemische Fabrik auf Aktien. It changed its name after World War I to Schering.
27. 27. Christopher Kobrak, “Julius Weltzien and the Interwar Transatlantic Business Dilemma: Nationalism and Internationalism Corrupted (1889–1950),” Immigrant Entrepreneurship, ESCP, Federal Ministry of Economics and Technology, Germany, December 3, 2012, File No. 65-1935, July 18, 1941, Newark NJ office, NARA 65-HQ-4851, 131.
28. 28. Christopher Kobrak, National Cultures and International Competition: The Experience of Schering AG, 1851–1950 (Cambridge: Cambridge University Press, 2002), 217–44.
29. 29. “The most important products… are in the sex hormone field. The male and female sex hormone preparations manufactured by Schering are of extreme importance to the medical profession.… The Corporation is the sole source of most hormone preparations, and its other products are one of higher potency and purity than those manufactured by its competitors. The Corporation also holds the patent for certain sulpha products which are of a great importance because they are non-toxic.” FBI Memorandum from Sherman Culbertson, “CHANGED: SHERING [sic] COPORATION [sic], 86 Orange Street, Bloomfield, New Jersey, Dr. GREGORY H. STRAGNELL, with aliases Gregor Straglovich, Gregory Passover, Nathan Pinkus And Canan Passover,” June 23, 1942, File. No. 65-1935, 25 pages, 65-HQ-4851, V. 3, Serial 73, NARA, 2. For instance, according to the FBI, Schering had recently introduced a cortisone-based medication, Cortate, a “new hormone product… considered valuable in post-operative shock. According to officials in Washington… [this] anti-shock hormone is regarded as extremely important in war time.” FBI report, File No. 65-1935, July 18, 1941, Newark NJ office, NARA 65-HQ-4851, 9, 11, 18.
30. 30. FBI Memorandum from Sherman Culbertson, June 23, 1942.
31. 31. It was five months before Pearl Harbor. There was evidence German shareholders in the U.S. subsidiary had sold their American stock but avoided any block on the funds by transferring it to the Swiss Bank Corporation in Basel. FBI report, File No. 65-1935, July 18, 1941, Newark NJ office, re: Espionage, Schering Corporation, Dr. Gregory H. Stragnell, with aliases Gregor Straglovich, Gregory Passover, Nathan Pinkus. See also report of June 23, 1942, part of FBI FOIPA (Freedom of Information and Privacy Act) response and release March 30, 1999 regarding subject “Arthur M. Sackler,” FOIPA 442908, 89 pages.
32. 32. FBI Memorandum, From Charles H. Kimball, “CHANGED: SHERING (sic) COPORATION (sic), 86 Orange Street, Bloomfield, New Jersey, Dr. GREGORY H. STRAGNELL, with aliases Gregor Straglovich, Gregory Passover, Nathan Pinkus,” July 18, 1941, File. No. 65-1935, 33 pages, 65-HQ-4851, V. 1, Serial 21, NARA, 19.
33. 33. The FBI reports misspell Weltzien as Weltzein.
34. 34. The FBI learned that Weltzien had been a close friend of Gregor Strasser, an early Nazi Party member. Strasser was a chemist and Weltzien met him through joint pharmaceutical ventures. Hitler considered Strasser a rival and ordered him murdered in 1934. Memorandum from Charles H. Kimball, “CHANGED: SHERING (sic) COPORATION (sic), 86 Orange Street, Bloomfield, New Jersey, Dr. GREGORY H. STRAGNELL, with aliases Gregor Straglovich, Gregory Passover, Nathan Pinkus,” July 18, 1941, File. No. 65-1935, 33 pages, 65-HQ-4851, V. 1, Serial 21, NARA.
35. 35. Kobrak, “Julius Weltzien and the Interwar Transatlantic Business Dilemma,” 2.
36. 36. FBI report, File No. 65-1935, July 18, 1941, Newark NJ office, NARA 65-HQ-4851, 20–21.
37. 37. Ibid.
38. 38. Lutze, Who Can Know the Other?, 168.
39. 39. Sackler and Fröhlich met in late 1938 or early 1939; the precise date is not known. Adam Tanner, Our Bodies, Our Data: How Companies Make Billions Selling our Medical Records (Boston: Beacon Press, 2017). See also Castagnoli, “There Were Giants in Those Days.”
40. 40. The 1936 date is based on records from the Immigration and Naturalization Service. The New York Times obituary incorrectly listed his move to the U.S. as 1931. Fröhlich had visited the U.S. for the first time in 1935.
41. 41. Tanner, 23–24.
42. 42. Castagnoli, Medicine Avenue, 31.
43. 43. A March 13, 1943, note made part of the Bureau’s investigation says: “Subj. has close relatives in Germany & was a member of the German ARBEITSDIENST a student working camp in Germany in 1933.” See Tanner, Our Bodies, Our Data, 175.
44. 44. Frohlich’s top employees were Jewish. “I never asked him about his religion,” says Schering’s Richard Sperber, who had worked with Frohlich’s agency. “Never thought about it,” says Sperber, himself Jewish. “I just assumed he was Jewish because all the top guys who worked there were.”
45. 45. Adam Tanner, “The Secret Life of the Gay Jewish Immigrant Whose Company Sells Your Medical Information,” Forward, January 12, 2017; Tanner, Our Bodies, Our Data, 25–26. Frohlich had also been in the Reich Labour Service (Reichsarbeitsdienst), set up by Hitler to fight unemployment with public service work. Up to March 1, 1937, it allowed Jewish members. Egon Harings, Germany and Two World Wars: From the German Reich to the End of the Nazi Regime (Hamburg, Germany: Tredition, 2018), 26.
46. 46. Tanner, “The Secret Life of the Gay Jewish Immigrant Whose Company Sells Your Medical Information.”
47. 47. Besides Gimbel’s own elaborate seasonal gowns and evening dresses, she ran the Saks Fifth Avenue couture department for forty years. “Fashion: Counter-Revolution,” Time, September 15, 1947.
48. 48. Eric Wilson, “An Unheralded Muse of Midcentury Fashion,” New York Times, January 16, 2013. See also Enid Nemy, “Sophie Gimbel, Leading American Designer for 40 Years, Dies at 83,” New York Times, November 29, 1981.
49. 49. Tanner, “The Secret Life of the Gay Jewish Immigrant Whose Company Sells Your Medical Information.”
50. 50. By the time she traveled to the U.S. she had become Ingrid, and added Lilly as a middle name a year later once settled in America.
51. 51. Tanner, “The Secret Life of the Gay Jewish Immigrant Whose Company Sells Your Medical Information.”
52. 52. Lars Ericson quoted in Tanner, “The Secret Life of the Gay Jewish Immigrant Whose Company Sells Your Medical Information.”
53. 53. “Kathleen Ingrid Burns,” obituary listing, New York Times, January 2, 2010.
54. 54. Lisa Rab, “Don’t Ask, Don’t Tell: Details on the Everglades Club’s Policy Toward Jews,” Broward Palm Beach New Times, July 22, 2009. Also see Mark Seal, “How Donald Trump Beat Palm Beach Society and Won the Fight for Mar-a-Lago,” Vanity Fair, December 26, 2017.
55. 55. “Discrimination Remains a Policy and a Practice at Many Clubs,” New York Times, September 13, 1976.
56. 56. “Number of Clubs Barring Jews from Membership Sharply Decreasing,” Jewish Telegraphic Agency, December 13, 1965.
57. 57. Tanner, Our Bodies, Our Data, 23–24.
58. 58. Tanner, “The Secret Life of the Gay Jewish Immigrant Whose Company Sells Your Medical Information.”
59. 59. Ibid.
60. 60. Information about Frohlich’s businesses is from Julian Farren, the L. W. Frohlich agency’s executive vice president, to the Senate Judiciary Subcommittee on Antitrust and Monopoly hearings, Part 6, Advertising Provisions, January 30, 1962, 3142.
61. 61. Three composed a clinical guide to “Female Sex Hormone Therapy,” and the fourth was how the hormone extracted from pregnant mares might offer “treatment of sterility” for men and women. See “Female Sex Hormone Therapy: A Clinical Guide: Part One: The Follicular Hormone,” “Part Two: Corpus Luteum Hormone,” “Part Three: Male Sex Hormone,” Medical Research Division, The Schering Corporation, January 1, 1941 (158 pages total); “Anteron: The Gonadotropic Hormone of Pregnant Mare Serum, For the Treatment of Sterility in Male and Female,” The Schering Corporation, 1942 (4 pages total), in collection of author.
62. 62. “Psychoanalysis Institute Opens Here Monday,” Chicago Tribune, September 30, 1932, 9.
63. 63. Allen Weinstein and Alexander Vassiliev, The Haunted Wood (New York: Modern Library, 1999), 51–52.
64. 64. Michael Denning, The Cultural Front: The Laboring of American Culture in the Twentieth Century (Brooklyn: Verso, 2011), 226.
65. 65. Kobrak, “Julius Weltzien and the Interwar Transatlantic Business Dilemma.”
66. 66. Although Nikola Tesla was an American citizen when he died in 1943 at the New Yorker Hotel in Manhattan, the Alien Property Custodian confiscated most of his research from his hotel room. It was only released after an investigation determined nothing threatened U.S. national security if it fell into enemy hands. “Tesla—Master of Lightning: The Missing Papers,” PBS, 2008. See 131.3 Headquarters Records of the Office of Alien Property and its Predecessors Relating to Activities Arising from World War II, 1878–1965 (bulk 1930–49), NARA. See also Kobrak, “Julius Weltzien and the Interwar Transatlantic Business Dilemma”; Harris, The Real Voice, 56.
67. 67. Frohlich operated his agency as an unincorporated sole proprietorship. He incorporated it in 1970, two years before his death, and changed the spelling of his name by adding an e after the o. See NY Department of State, Division of Incorporations, William Frohlich Associates, DOS ID 297752, November 2, 1970.
68. 68. William G. Castagnoli, “There Were Giants in Those Days,” Medical Advertising Hall of Fame, Medical Marketing and Media, Haymarket Media, March 1, 1997.
69. 69. “What was Middlesex University,” From the Brandeis Archives, February 14, 2009, http://brandeisarchives.blogspot.com/2009/02/what-is-middlesex.html.
70. 70. The couple married in January, in a civil wedding in Yonkers presided over by a city judge. In April, they had a religious ceremony in Brooklyn, officiated by Rabbi Jacob Bosniak. Both were listed on their wedding certificate filed with the city. Federal Bureau of Investigation, Dr. Raymond Raphael Sackler, Beverly Sackler, report by Special Agent John V. Barnes, Security Matter C, 3 pages, Re: Beverly Feldman, Security Matter – C, from Special Agent William C. Courtney, New York Office, June 23, 1945, in FBI file 100-NY-73194_1, Special Access Division, NARA, 7-8, 9, 13.
71. 71. Memo, Re: Beverly Feldman, Security Matter – C, from Special Agent William C. Courtney, to New York Office, March 14, 1945, in FBI file 100-NY-73194_1, Special Access Division, NARA, 2–3. See also Memo, Re: Beverly Feldman, Security Matter—C, from Special Agent William C. Courtney, to New York Office, March 13, 1945, 8–9.
72. 72. Federal Bureau of Investigation, “Dr. Raymond Raphael Sackler, Beverly Sackler,” report by Special Agent John V. Barnes, 7–10.
73. 73. The party’s peak was 1947 when it had 75,388 members. Many members became alienated when reports of Stalin’s brutal crackdown on dissidents in the Soviet Union filtered to the West. By 1950, the national membership had dropped by half. http://depts.washington.edu/moves/CP_map-members.shtml; https://jwa.org/encyclopedia/article/communism-in-united-states.
74. 74. Historians estimate that for each “card-carrying” communist, there were three to four others who took part in party-led events but did not formally join. Priscilla Murolo, “Communism in the United States,” Jewish Women’s Archive, https://jwa.org/encyclopedia/article/communism-in-united-states.
75. 75. Letter from A. B. Magil to Professor Alan M. Wald, September 4, 1991, transcript provided to the author in an email from Professor Wald, March 27, 2017.
76. 76. There are forty-four pages about the surveillance of Beverly and Raymond Sackler, including reconnaissance of their international travel during the 1950s and 1960s, in FBI file 100-NY-73194_1, Special Access Division, NARA.
77. 77. In 1958, for instance, when an FBI agent visited Beverly Sackler concerning her application for a passport, he noted in his report to headquarters that “Mrs. Sackler did not answer questions relating to present and past membership in the CP.” Federal Bureau of Investigation, “Dr. Raymond Raphael Sackler, Beverly Sackler, report by Special Agent John V. Barnes, 16.
78. 78. Stuart Elliott, “McAdams Forms Division to Focus on Latest Drugs,” New York Times, December 16, 1991, D9. See also William G. Castagnoli, “Remembrance of Kings Past,” Medical Marketing & Media, 31(7): 44. July 1, 1996, 30. The company was operated as a sole proprietorship until it was incorporated in New York on September 27, 1945. Also, Dr. DeForest Ely, president of McAdams, gave a brief history of the company during Senate testimony in 1962. See Drug Industry Antitrust Act, Hearings before the Subcommittee on Antitrust and Monopoly, Senate Committee on the Judiciary, Part 6 Document No. 6, January 31, 1962, 3071–72.
79. 79. “Arthur M. Sackler,” MAHF Inductees, Medical Advertising Hall of Fame, 1997; “Arthur M. Sackler, M.D.,” Medical Tribune, Vol. 25, No. 22, June 10, 1987, 1.
80. 80. Biography of Arthur M. Sackler, Drug Industry Antitrust Act, Hearings before the Subcommittee on Antitrust and Monopoly, Senate Committee on the Judiciary, Part 6 Document No. 6, January 30, 1962, 3064. See also Philip Shenon, “Fear and Brutality in a Creedmoor Ward,” New York Times, June 18, 1984, A1, B6.
81. 81. Biography of Arthur M. Sackler, 3064.
82. 82. “Arthur M. Sackler, M.D.,” Medical Tribune, Vol. 25, No. 22, June 10, 1987, 1. See also NY Department of State, Division of Incorporations, Laboratories for Therapeutic Research, Inc, DOS ID 166868, August 9, 1957, inactive and dissolved November 12, 1992.
83. 83. Sackler, A. M. “Taboos of the Past and Perspectives for the Future in Social Psychiatry,” International Journal of Social Psychiatry (1973), 1.
84. 84. Matt Cvetic, “The Thought Control Brigade,” American Mercury, October 1958, 137–38.
85. 85. Email to author from Professor Ben Harris, May 6, 2018; also interview of Ted Reiss by Ben Harris, 1983, courtesy of Ben Harris; see also Arnold D. Richards (2016), “The Left and Far Left in American Psychoanalysis: Psychoanalysis as a Subversive Discipline,” Contemporary Psychoanalysis, 52:1, 111–29.
86. 86. Arthur Sackler’s role in stopping the Red Cross blood segregation policy was minor at best. An introduction to a 2016 profile of his second daughter, Elizabeth, said, “As a testament to the nature instilled by the elder Sackler, a man responsible for New York City’s first integrated blood bank, she has used her powerful position to make room for those typically marginalized: women, American Indians, the Jewish community, and incarcerated people.” The author’s repeated requests to Elizabeth Sackler for an interview have gone unanswered. Ali Maloney, “Art and activism: The compass points of Elizabeth Sackler’s storied career,” Women in the World, January 8, 2016; Josh Rosenau, “How Science Students Helped End Segregated Blood Banks,” National Center for Science Education, August 5, 2015; Thomas A. Guglielmo, “When the Red Cross refused to accept ‘Negro blood,’ ” Week, December 22, 2015; Dwight Jon Zimmerman, “The American Red Cross African-American Blood Ban Scandal,” DefenseMediaNetwork, January 21, 2012.
87. 87. The Joint Anti-Fascist Refugee Committee sued the attorney general in 1948, arguing that there was no evidence to support the listing. The question of whether an organization had the right to challenge a security listing made its way to the Supreme Court in 1951. The justices ruled that the Joint Anti-Fascist Refugee Committee could challenge its inclusion on the subversive list. It took another twelve years before a D.C. circuit court ruled that the evidence against the group was “negligible.” It was of interest to historians and legal scholars but had no practical effect since the Refugee Committee had disbanded in 1955. Joint Anti-Fascist Refugee Committee v. McGrath, 341 U.S. 123, 1951.
88. 88. FBI Memorandum, To the Executive Director of the President’s War Relief Control Board, from J. Edgar Hoover, “Re Joint Anti-Fascist Refugee Committee, with attachment, 6/20/45, Edward J. Mooney, Special Agent, Report Re Joint Anti-Fascist Refugee Committee also known as Spanish Refugee Appeal,” NY File No. 100-3642, 100-HQ-7061, V. 50, Serial 1071, NARA, 9.
89. 89. FBI Memorandum, To the Executive Director of the President’s War Relief Control Board, from J. Edgar Hoover, 14.
90. 90. Abraham M. Sackler, License No. 045772, date of licensure, 2/6/1947; Mortimer D. Sackler, License No. 046790, date of licensure, 10/09/1947; Raymond R. Sackler, License No. 047200, date of licensure, 2/19/1948, Office of the Professions, New York.
91. 91. Pharmaceutical Research Associates, Inc., filing date New York State June 25, 1945, DOS ID. 56217.
92. 92. In 1962, a Senate investigative panel looking into competition in the drug industry listed Pharmaceutical Research Associates as possibly controlled by the Sacklers. The author located files in the New York State Division of Corporations revealing that when the company went inactive in 2004, the registered agent was an attorney who sometimes represented Purdue, Stuart Baker. He was then with the Manhattan law firm of Chadbourne & Parke (as of this writing, he is a partner at New York’s Norton Rose Fulbright). In 1994, Baker remained at Chadbourne & Parke while serving as a director and officer of Purdue Pharma. Business profile of Pharmaceutical Research Associates, Inc., at https://www.bloomberg.com/research/stocks/private/snapshot.asp?privcapId=4279695.
93. 93. Dr. Halpern published academic papers that sometimes were thinly disguised endorsements of products sold by a drug firm that the Sacklers bought in 1952 (Purdue Frederick). Typical was “The Peripheral Vascular Dynamics of Bowel Function,” Angiology, October 1, 1960. It concluded that potential coronary risks associated with “straining at stool” could be avoided with a stool softener. The product used in the small trial tests was Senokot. A footnote in the article noted it was “supplied by the Purdue Frederick Company.”
94. 94. At the bottom of a memo from Arthur Sackler to Félix Martí-Ibáñez in 1956, Sackler copied his brothers simply as “Mortie & Ray.” See Memorandum from Dr. A. M. Sackler to Dr. Felix Marti-Ibanez, December 14, 1956, Subj: “Geography And World Patterns Of Schizophrenia And Other Mental Illnesses,” MS 1235, Box 2, Folder “S” 1957, Papers of Félix Martí-Ibáñez, Yale University, Manuscripts and Archives, New Haven, CT.
95. 95. “Her Ambitions Demand Toll,” Salt Lake City Tribune, July 8, 1945, 28; “She Was Clever but She Lacked Sense of Values,” Daily Times (Davenport, Iowa), March 1, 1947, 3. Haberman, while still at McAdams, later served in the New York City Department of Mental Health and Mental Retardation Services in the 1960s and 1970s, appointed by both Mayors Wagner and Lindsay. “Mental Health Aid,” New York Daily News, June 10, 1960, 379; “Mental Health Agency Adds 8,” New York Daily News, January 8, 1970, 315.

Chapter 9: Medicine Avenue

1. 1. Harry Phibbs, a former Burroughs Wellcome salesman, opened the first agency that concentrated only on ethical drugs in Chicago in 1926. The Harry C. Phibbs Advertising Company was followed in Chicago later that year by William Douglas McAdams. McAdams moved his agency to New York in the 1930s and soon had competition. In 1934, two Squibb promotion executives, Arthur Sudler and Matthew Hennessey, formed an art studio and ad firm that focused on drugs. Paul Klemtner, who had worked as an accountant for pharmacists, opened his own agency in 1942 in New Jersey. See generally Castagnoli, Medicine Avenue, 14–15, 22, 110–11. As for the use of Medicine Avenue, see “Doctor’s Dilemma,” New England Journal of Medicine 266:1335 (June 21, 1962).
2. 2. John Lear, “The Struggle for Control of Drug Prescriptions,” SR/Research/Science & Humanity, Saturday Review, March 3, 1962, 36.
3. 3. See Castagnoli, Medicine Avenue, 29.
4. 4. Karl E. Meyer and Shareen Blair Brysac, The China Collectors: America’s Century-Long Hunt for Asian Art Treasures (New York: St. Martin’s Press, 2015), 56.
5. 5. “William Drummond: Gently anarchic art dealer with a talent for sniffing out junk shop gems who employed a young Sarah Ferguson as his assistant,” Times (London), April 13, 2018.
6. 6. New York Department of State, Division of Corporations, The Sackler Foundation Inc. DOS ID 69974, March 18, 1947.
7. 7. Arthur created his own foundation in 1965. The Arthur M. Sackler Foundation incorporated in New York State on October 18, 1965, DOS ID# 191762.
8. 8. The Mortimer D. Sackler Foundation incorporated in New York State on December 8, 1967, DOS ID# 217072. Raymond did not incorporate in New York, but instead a year earlier in Delaware. Also: The Serpentine Trust, No. 298809, March 21, 1988, Charity Commission, UK; The Dr. Mortimer and Theresa Sackler 1988 Foundation, Co. No. 327863, July 12, 1988, Charity Commission, UK; Raymond and Beverly Sackler 1988 Foundation, Co. No. 327864, July 12, 1988, Charity Commission, UK; The Napp Educational Foundation, Co. No. 05346056, January 26, 2005, Companies House, UK; The Sackler Trust, Co. No. 1132097, October 13, 2009, Charity Commission, and No. 0702224, Sept. 17, 2009, Companies House, UK; Raymond and Beverly Sackler Foundation, Co. No. 06802986, January 27, 2009, Companies House, and No. 1128918, March 31, 2009, Charity Commission, UK; The Dr. Mortimer and Theresa Sackler Foundation, Co. No. 06802998, January 27, 2009, Companies House, and No. 1128926, April 1, 2009, Charity Commission, UK.
9. 9. Attorneys Richard Leather and Michael Sonnenreich to Adam Tanner, Our Bodies, Our Data, 24–25.
10. 10. Michael Sonnenreich told the author that “Frohlich’s firm basically was Arthur’s.” Interview with author, January 19, 2019.
11. 11. Grace Glueck, “An Art Collector Sows Largesse and Controversy,” New York Times, June 5, 1983; Tanner, Our Bodies, Our Data, n. 7, 175.
12. 12. Michael Sonnenreich interview with author, January 19, 2019.
13. 13. Adam Tanner, based on his interviews with former executives at Frohlich businesses as well as the attorneys for both Sackler and Frohlich, concluded that Frohlich owned a 50 percent interest in the international editions of Medical Tribune. See Tanner, Our Bodies, Our Data, N. 19, 175.
14. 14. Castagnoli, “There Were Giants in Those Days.”
15. 15. In Milton and Lee, Pills, Profits and Politics (22), a physician complains: “My patients read the latest issue of Reader’s Digest and then tell me what to prescribe.” See also L.W. Frohlich, “The Physician in the Pharmaceutical Industry in the United States,” Proceedings of the Royal Society of Medicine, from April 11, 1960, London, Vol. 53, Sec. 1, August 1960, 584.
16. 16. William G. Castagnoli, “Remembrance of Kings Past,” Medical Marketing & Media, 31(7): 44. July 1, 1996.
17. 17. Castagnoli, “There Were Giants in Those Days.”
18. 18. A 1982 profile of Sackler in The Boston Globe noted, “Former employees complain about his treatment. Nevertheless, despite rumor and harsh opinion, the accusations have never been turned into legal judgments against him.” Robert Lenzner, “A Financial Man and the Fogg,” Boston Globe, February 16, 1982, 49.
19. 19. Michael Sonnenreich, interview with author, January 19, 2019.
20. 20. The full name is DR. Kade Pharmazeutische Fabrik GmbH.
21. 21. “They looked so much alike,” Marietta wrote later in a memoir, “they’d sometimes pretend to be the other, especially when one of them needed to show up for some routine hospital duty.” Lutze, Who Can Know the Other?, 100.
22. 22. Arye Carmon, “The Impact of the Nazi Racial Decrees on the University of Heidelberg,” Shoah Resource Center, Yad Vashem.
23. 23. Lutze, Who Can Know the Other?, 99.
24. 24. FBI Confidential Memorandum from the New York Office to Washington Headquarters, “IS-PO Registration Act,” January 31, 1963, FOIPA 442908: FBI files regarding Arthur Sackler released March 30, 1999 (89 pages), 37.
25. 25. Stacy Wong, “Thrust Under Microscope: Stamford Drug Company’s Low Profile Shattered by Controversy Over Abuse of Painkiller OxyContin,” Hartford Courant (New Haven, CT), September 2, 2001, 1.
26. 26. Gray’s Glycerine Tonic Compound was 11 percent alcohol. Phil Davison, “Drugs mogul with a vast philanthropic legacy,” Financial Times, April 23, 2010; author interview with Richard Sperber, March 26, 2019, about the category of sales called “ethical over-the-counter.”
27. 27. FOIA collection on documents released pursuant to the request of Professor Ben Harris, 1999, 5.
28. 28. Biography of Arthur M. Sackler, Drug Industry Antitrust Act, Hearings before the Subcommittee on Antitrust and Monopoly, Senate Committee on the Judiciary, Part 6 Doc. No. 6, January 30, 1962, 3064.
29. 29. Lear, “The Struggle for Control of Drug Prescriptions,” 36. Sackler sold his interest in Medical & Pharmaceutical Information Bureau to a friend, science writer Richard Sigerson, in 1952. The Senate investigated medical advertising a decade later. In public testimony, John Weilburg, the president of MPIB, admitted that he had returned to Sackler all his files despite a Senate subpoena to provide all documents to the investigative staff. Weilburg said that when Sackler’s attorneys had requested Arthur’s files, he had complied as “the terribly naïve guy I am.” “Testimony of John Weilburg, President, Medical and Pharmaceutical Information Bureau, Administered Prices, Drug Industry Antitrust Act, Hearings on S. 1552, Part 7, Advertising Provisions” (Washington, D.C., U.S. Government Printing Office, 1962), 3216–17.
30. 30. Ibid., 3212–21. Congress outlawed many types of stock manipulation in the 1934 Securities and Exchange Act, however it took eight years before the SEC adopted Rule 10b-5, applying fraud elements to purchases as well as sales of securities. Although 10b-5 became the enforcement tool against insider trading, the term is not defined in the rule. It took SEC actions and court rulings for the concept to evolve. It was not until 1965 that the SEC sued thirteen executives at a Texas energy and mining company for relying on private information to profit from buying the firm’s stock. See Eileen Shanahan, “S.E.C. Insider Suit Names Texas Gulf Sulphur Aides,” New York Times, April 20, 1965, 1; “Timeline: A History of Insider Trading,” New York Times, December 6, 2016.
31. 31. Lutze, Who Can Know the Other?, 100.
32. 32. Ibid.
33. 33. Ibid., 103.
34. 34. Ibid., 106.
35. 35. “Deaths: Sackler, Else,” New York Times, March 17, 2000.
36. 36. Lutze, Who Can Know the Other?
37. 37. Ibid., 110.
38. 38. Ibid., 112.
39. 39. Ibid., 164.
40. 40. See Lear, “The Struggle for Control of Drug Prescriptions.”
41. 41. Adolf Meyer, John Hopkins’s influential psychiatrist-in-chief, introduced “psychobiology,” what he called a “newer psychiatry.” It theorized there were biological underpinnings to some mental illness, a notion Freudians rejected. Meyer was responsible also for the word “psychiatry,” replacing the nineteenth-century “alienism,” which had been used for the mentally ill, people considered to be alienated from their own natural state. “Psychiatrist” had mostly replaced “alienist” by the early nineteenth century. Dowbiggin, The Quest for Mental Health, 114; see also “Raymond Sackler,” Artforum International, 2017.
42. 42. Edward Shorter and Max Fink, Endocrine Psychiatry: Solving the Riddle of Melancholia (Oxford University Press, 2010), 38.
43. 43. “Arthur M. Sackler, M.D.,” Medical Tribune, Vol. 25, No. 22, June 10, 1987, 1. See also NY Department of State, Division of Incorporations, Laboratories for Therapeutic Research, Inc, DOS ID 166868, August 9, 1957, inactive and dissolved November 12, 1992; Rosenfield, J. (1988). Arthur Mitchell Sackler (1913–1987), Archives of Asian Art, 41, 93, from http://www.jstor.org/stable/20111186.
44. 44. One of their most widely discussed papers was written with Dutch psychiatrist Johan van Ophuijsen; it suggested that injections of histamines, a naturally occurring body chemical responsible for allergies, might be more effective than electroshock in treating mental illness. Tuck, “Dr. Arthur Sackler.” “Problems of Insanity Concern Both Statesmen and Scientists,” Life, March 13, 1950, 161; “Medicine: All in the Mind,” Time, May 23, 1949.
45. 45. Arthur Sackler to Dr. M. F. Ashley Matagu, Princeton University, from the Journal of Clinical and Experimental Psychopathology, May 15, 1955, collection of author.
46. 46. Biography of Arthur M. Sackler, Drug Industry Antitrust Act, Hearings before the Subcommittee on Antitrust and Monopoly, Senate Committee on the Judiciary, Part 6 Document No. 6, January 30, 1962, 3064.
47. 47. Tuck, “Dr. Arthur Sackler.”
48. 48. Ibid.
49. 49. Lutze, Who Can Know the Other?, 152.
50. 50. J. Rosenfield, “Arthur Mitchell Sackler (1913–1987),” Archives of Asian Art, 41, 1988, 93.
51. 51. Lutze, Who Can Know the Other?, 166.
52. 52. Ibid., 153.
53. 53. Ibid., 165–66.
54. 54. Ibid., 153.
55. 55. Tuck, “Dr. Arthur Sackler.”
56. 56. Lutze, Who Can Know the Other?, 207
57. 57. Ibid., 155
58. 58. Meyer and Brysac, The China Collectors, 354–55; Tuck, “Dr. Arthur Sackler.”
59. 59. Arthur Sackler quoted in Rosenfield, “Arthur Mitchell Sackler.”
60. 60. Years later Marietta tried joining him on his collecting. She discovered that while she “could appreciate… his love for art,” it was “not as a partner, for he was far too self-absorbed for that.” Lutze, Who Can Know the Other?, 149, 153, 156.
61. 61. Ibid., 149, 156.

Chapter 10: The Hard Sell Blitz

1. 1. M. Sackler, F. Martí-Ibáñez, R. Sackler, and A. Sackler, Co-Tui FW, Mittleman, MB, “Quantitated identification of psychosis by blood sample. I. Instrumentation of ultrasound for biologic quantitation,” The Journal of Clinical and Experimental Psychopathology. 1951 Oct–Dec;12(4), 283–7 and 288–303. The Sacklers also had an exclusive design on an early ultrasound machine and sold the rights in 1958 for a tidy profit. See Schwarcz, Place and Memory in the Singing Crane Garden, 193–94; Glueck, “An Art Collector Sows Largesse and Controversy.”
2. 2. She took the name Marietta Lutze Sackler, both professionally and personally. Lutze, Who Can Know the Other?, 125. As for her collaboration with the Sackler brothers, see Sackler Md, Sackler Rr, Tui Co, Sackler Ml, Sze Lc, Sanders Rh, Martin Cr, Steinman K, Jacobi E, Nicoll A, Sackler Am, Laburt Ha, “Psychiatric research perspectives at the Creedmoor Institute for Psychobiologic Studies, 1953,” Journal of Clinical and Experimental Psychopathology, 1954 Apr–Jun;15(2):119–29. Marietta also wrote two articles without any Sackler contribution: “Xanthine oxidase from liver and duodenum of the rat: histochemical localization and electrophoretic heterogeneity,” Sackler ML., J Histochem Cytochem, 1966 Apr;14(4):326–33; “Haemochromatosis and hepatic xanthine oxidase,” Mazur A., Sackler M., Lancet. 1967 Feb 4;1(7484):254–55.
3. 3. Marietta said the Sackler brothers had a “closeness [that] was unusual, one from which all wives were excluded.” It was a “complicated dependency… that led to tremendous interpersonal strains.” Lutze, Who Can Know the Other?, 117, 169. See also Muriel L. Sackler, New York Times, October 9, 2009.
4. 4. Insulin-induced hypoglycemia, later dubbed insulin shock, was the first of three therapies developed around 1930 intended to jolt the brain into a less agitated and more coherent state. There were some notable successes. The 1994 Nobel Prize laureate for economics, American mathematician John Nash, had ICT treatment to treat paranoid psychosis not long after he obtained his PhD at Princeton. Vaslav Nijinsky, one of the twentieth century’s greatest ballet dancers, underwent two hundred insulin shock sessions during his career. The second shock procedure substituted a camphor-style drug, Metrazol, for insulin. The final one was electroconvulsive therapy (ECT). All three treatments fell out of favor not only because of side effects but also because they were made somewhat obsolete with the introduction of Thorazine in 1954. A lighter and more refined ECT procedure has had a resurgence starting in the late 1980s. Dowbiggin, The Quest for Mental Health, 114–18; Arthur M Sackler (Ed), Mortimer D Sackler (Ed), Raymond R Sackler (Ed), Félix Martí-Ibáñez (Ed), Ugo Cerletti (Ed), The Great Physiodynamic Therapies in Psychiatry: An Historical Reappraisal (New York: Hoeber-Harper Medical, 1956).
5. 5. Office Memorandum from Felix Marti-Ibanez, M.D., to Doctors Arthur, Mortimer and Raymond Sackler, December 6, 1956, “re: NEW PROJECT—OUR PAPER AND MONOGRAPH ON ‘THE GEOGRAPHY AND THE WORLD PATTERNS OF SCHIZOPHRENIA AND OTHER MENTAL ILLNESSES,’ ” MS 1235, Box 2, Folder “S” 1957, Papers of Félix Martí-Ibáñez, Yale University, Manuscripts and Archives, New Haven, CT.
6. 6. “Dr. Felix Marti-Ibanez Is Dead; Psychiatrist and Publisher, 60,” New York Times, May 25, 1972.
7. 7. “Personal, August 10, 1945–December 1945,” || Box 2, Papers of Félix Martí-Ibáñez, Yale University Archives, New Haven, CT, also “CV.”
8. 8. “Considerations about Homosexuality,” Félix Martí-Ibáñez, “Consideraciones sobre el homosexualismo,” Estudios 145, September 1935, 3–6.
9. 9. Herman A. Bogdan, “Félix Martí-Ibáñez—Iberian Daedalus: The Man Behind the Essays,” Journal of the Royal Society of Medicine, Vol. 86, October 1993, 595.
10. 10. Ibid., 595–96.
11. 11. Ibid., 596.
12. 12. He traveled widely for the International Congresses on the History of Science, Psychiatry, and Psychology; Bogdan, “Félix Martí-Ibáñez,” 595–96.
13. 13. Ibáñez to Morris Fishbein, 8/24/45; Ibáñez to Fishbein, 10/3/45; Ibáñez to Fishbein, 11/2/45, “Personal, August 10, 1945 – December 1945,” Box 2, Papers of Félix Martí-Ibáñez, Yale University Archives, New Haven, CT.
14. 14. “CV,” Box 3, and “Personal, January 1943 – October 1943” Box 2, FMIP. And see Ibanez to Arthur M. Sackler, 8/19/52, “William Douglas McAdams,” Box 5, Yale University Archives, New Haven, CT.
15. 15. Félix Martí-Ibáñez, Journey Around Myself.
16. 16. See for instance Félix Martí-Ibáñez, “The artist as physician; medical philosophy in the Renaissance,” Int Rec Med Gen Pract Clin. 1954 Apr;167(4):221–42; “The physician as alchemist; medical ideas in the Arabian Empire,” Int Rec Med Gen Pract Clin. 1955 Jun;168(6):399–424; “Symposium on the history of American medicine. I, The spirit of American medicine,” Int Rec Med Gen Pract Clin. 1958 Jun;171(6):317–22; “The physician as traveler; introduction to the First International Symposium on Health and Travel,” Int Rec Med Gen Pract Clin. 1955 Jul;168(7):480–85; “Minerva and Aesculapius; the physician as writer,” Int Rec Med Gen Pract Clin. 1956 Nov;169(11):723–45; “The search for the philosophical nature of disease in the history of medicine; an introduction to Hans Selye’s Sketch for a unified theory of medicine,” Int Rec Med Gen Pract Clin. 1954 Apr;167(4):179–80; “Words and research,” Antibiotic Med Clin Ther (New York). 1957 Nov;4(11):740–7; “Symbols and medicine,” Int Rec Med. 1960 Feb;173:99–125; “Medicine in the Spain of Don Quixote,” Int Rec Med Gen Pract Clin. 1958 May;171(5):277–313; “A footnote to medical history: concerning the article by Hans Selye on ‘Stress and disease,” Int Rec Med Gen Pract Clin. 1955 May;168(5):288–91; “New perspectives of health and travel; a summation of the symposium,” Int Rec Med Gen Pract Clin. 1955 Sep;168(9):583–6; “Friends for the road,” Int Rec Med Gen Pract Clin. 1959 Aug;172(8):480–3; “The epic of medicine. (V). Through a stained-glass window. (Byzantine medicine, 476–1453),” Int Rec Med. 1960 Jan;173:74–7; “The epic of medicine. IV. A torrent of lions (medicine in Imperial Rome) (285 B.C.–A.D. 476), Int Rec Med. 1959 Nov;172:719–22; “The epic of medicine. (VII). The cross and the eagle” (Monastic and university medicine, 1096–1453),” Int Rec Med. 1960 Jul;173:462–7; “The fabric and creation of a dream: on the genesis and growth of a new concept in medical journalism as exemplified by the medical newsmagazine, MD,” Int Rec Med. 1959 Dec;172:754–65; “Doctors must tell,” Int Rec Med. 1959 Oct;172:651–2; “Life and works of Paul Ehrlich, 1854–1915: the world and mind of the father of chemotherapy,” Rev Med Costa Rica. 1954 Apr;13(240):73–87; “Padna and London; a Harveian tale of two cities,” Int Rec Med Gen Pract Clin. 1957 Jun;170(6):286–316; “The history of endocrinology as seen through the evolution of our knowledge of the adrenal gland; biography of a medical idea,” Int Rec Med Gen Pract Clin. 1952 Dec;165(12):587–602.
17. 17. Six years later he became the Chair of the History of Medicine at New York Medical College. “DR. FELIX MARTI-IBANEZ: Appointed professor of history of medicine and director of new department by New York Medical College,” Antibiotic Med Clin Ther (New York), 1956 Jun;3(1):75. See also Bernard Stengren, “He Takes Pulse of 150,000 U.S. Physicians,” St. Louis Post-Dispatch, June 13, 1960.
18. 18. Some previous publications claim that Sackler hired Martí-Ibáñez at the McAdams agency. A 1960 profile on Martí-Ibáñez reported that Sackler had brought him to the agency in part because his “facility with words and experience in editing made him a particularly valuable asset.” Stengren, “He Takes Pulse of 150,000 U.S. Physicians,” 39. Podolsky, The Antibiotic Era, 79–80, lists Martí-Ibáñez as an “employee of the William Douglas McAdams agency.” Also, in a March 10, 1954, letter from Marti-Ibáñez to Dr. Henry Welch, Chief of the Antibiotics Division at the FDA, Marti-Ibáñez told Welch that he was “extremely hurried with the moving of McAdams International to 15 East 62nd Street, which by the way, is a most pleasant and convenient location.” He urged Welch to stop by the new offices when he next visited New York. It was the address also for the relocated McAdams ad agency, as well as the business address listed in the phone book for Mortimer and Raymond Sackler. See John Lear, “The Struggle for Control of Drug Prescriptions,” SR/Research/Science & Humanity, Saturday Review, March 3, 1962, 37.
19. 19. As for the sharing of office space, see Barry Maier, Pain Killer: An Empire of Deceit and the Origin of America’s Opioid Crisis (New York: Random House, 2018), 212.
20. 20. Glueck, “An Art Collector Sows Largesse and Controversy.” And see a final accounting by the executors of the decedent’s estate, Matter of Estate of Sackler, 149 Misc.2d 734, 564 N.Y.S.2d 977, 980 (N.Y.Sur. Ct. 1990); Matter of Sackler, (9-28-2007), 2007 NY Slip Op 33226(U) (N.Y. Misc. 2007). See also New York Department of State, Division of Corporations, Angiology Research Foundation, Inc., DOS ID #78434, May 10, 1950; Inter America Medical Press, Inc., DOS ID #84349, June 20, 1952; International Medical Press, Incorporated, DOS ID# 83791, April 7, 1952. Blair-Dixon Memorandum, collection of author.
21. 21. Castagnoli, “There Were Giants in Those Days.”
22. 22. Sam Quinones, Dreamland: The True Tale of America’s Opiate Epidemic (London: Bloomsbury Press, 2015), 29.
23. 23. “Pfizer Put an Old Name on a New Drug Label,” Business Week, October 13, 1951, 134.
24. 24. Ibid., 136.
25. 25. U.S. Federal Trade Commission, “Economic Report on Antibiotics Manufacture” (Washington, D.C.: Government Printing Office, 1958), 142. Also see “Company History,” Pfizer, 1951, https://www.pfizer.com/about/history/all.
26. 26. U.S. Federal Trade Commission, “Economic Report on Antibiotics Manufacture,” (Washington, D.C.: Government Printing Office, 1958), 145.
27. 27. Tom Fortunato, “The Origin of Pfizer Cards,” June 18, 2005, http://www.deardoctorpostcards.com/art-2005pfizer.html.
28. 28. Quinones, Dreamland, 29. See also Donohue, “A History of Drug Advertising,” 34; Fortunato, “The Origin of Pfizer Cards.”
29. 29. Rosen, Miracle Cure, 228–29.
30. 30. Podolsky, Antibiotics Era, 35–36. Any medical device or drug ad that ran in JAMA prior to 1955 had to have the Seal of Approval from the AMA’s Council on Drugs. That requirement was dropped so that JAMA could fill its pages with a much more diverse assortment of drug ads. The AMA—under pressure from some of the largest pharma firms—soon dropped its Seal of Approval program. Carpenter, Reputation and Power, 207; Drug Industry Antitrust Act (n. 39), p. 131. See also Milton and Lee, Pills, Profits and Politics, 109.
31. 31. May, “Selling Drugs by ‘Educating’ Physicians,” 12; Milton and Lee, Pills, Profits and Politics, 68.
32. 32. Donohue, “A History of Drug Advertising”; “The Federal Trade Commission Act of 1938,” Columbia Law Review, vol. 39, no. 2, 1939, pp. 259–73; James Harvey Young, PhD, The Medical Messiahs: A Social History of Quackery in 20th-Century America, chapter 14.
33. 33. Donohue, “A History of Drug Advertising,” 33.
34. 34. R. B. Ruge, “Regulation of Prescription Drug Advertising: Medical Progress and Private Enterprise,” Publishing Entertainment Advertising Law Quarterly 9(3):261–99, 1969.
35. 35. Podolsky, Antibiotic Era, 36.
36. 36. Castagnoli, “There Were Giants in Those Days.”
37. 37. Castagnoli, Medicine Avenue, 18.
38. 38. Rodengen, The Legend of Pfizer, 50.
39. 39. Lombardino, “A Brief History of Pfizer Central Research,” 12; Mahoney, Merchants of Life, 237–50.
40. 40. Tone, Age of Anxiety, 70.
41. 41. Donohue, “A History of Medical Advertising,” 668–69.
42. 42. Since the 1990s, many sales forces at the largest pharma conglomerates are split into subspecialties. Some sell only to oncologists, others to internists, OB-GYN practitioners, even dermatologists. Studies demonstrate that concentration allows for better one-on-one sales.
43. 43. Thomas Winn, Sales Manager of the Antibiotics Division for Pfizer, quoted in note 96, Podolsky, Antibiotic Era, 39.
44. 44. Robert L. Shook, Miracle Medicines: Seven Lifesaving Drugs and the People Who Created Them. See also Robin Walsh, “A History of the Pharmaceutical Industry,” Pharmaphorum, February 16, 2017.
45. 45. Pfizer had surpassed Lederle’s Aureomycin sales, with 23 percent of the worldwide market. Parke-Davis’s Chloromycetin had fallen sharply in sales after reports emerged linking it to aplastic anemia, a rare and debilitating bone marrow disease. Rosen, Miracle Cure, 224–25.
46. 46. John Lear, “Taking the Miracle out of the Miracle Drugs,” Saturday Review 42 (Jan. 3, 1959). Lear followed with “The Certification of Antibiotics,” February 7, 1959, and “Do We Need a Census of Worthless Drugs?” May 7, 1960.
47. 47. Sharp & Dohme had earlier acquired a Philadelphia-based drug firm, H. K. Mulford, that specialized in vaccines. Louis Galambos et al., Values and Visions: A Merck Century (Whitehouse Station, NJ: Merck & Co., 1991), 28–30; Dutfield, Intellectual Property Rights and the Life Sciences Industry, note 139, 103.
48. 48. The smoking–lung cancer study was published by R. Doll and A. Bradford Hill, “Smoking and Carcinoma of the Lung,” British Medical Journal, September 30, 1950, 739–48; the link between diet and coronary disease was by A. Keys, “The Cholesterol Problem,” Voeding (13), 1952, 539–55.
49. 49. Quinones, Dreamland, 28.
50. 50. The breakthroughs in vaccines and cardiovascular drugs were not only good for the public, but also the industry’s bottom line. Sales went from $150 million in 1940 to more than $2 billion by 1960. At that time, the industry plowed an estimated $194 million into research and development for new drugs and some $210 million into promotion (not including money spent on medical conventions or medical journal ads). See John Lear, “Do We Need a Census of Worthless Drugs?” SR/Research/Science & Humanity, Saturday Review, May 7, 1960, 57. The American Medical Association (AMA) and National Association of Radio and Television Broadcasters tried to ensure that the public’s faith in science was not easily abused. Beginning in 1953, in television and radio ads, actors were prohibited from playing physicians without being identified as actors, and restrictions were introduced on the use of words such as “safe” and “harmless.”
51. 51. The American pharma industry engaged the New York Patent Bar Association to draft the language eventually adopted in the Patent Act of 1952. See legislative history of the act at http://www.ipmall.info/sites/default/files/hosted_resources/lipa/patents/patentact.asp. Also see Dutfield, “Intellectual Property Rights and the Life Sciences Industry,” 85–86.
52. 52. Denise Gellene, “Lloyd Conover, Inventor of Groundbreaking Antibiotic, Dies at 93,” New York Times, March 12, 2017; Rosen, Miracle Cure, 233.
53. 53. U.S. Federal Trade Commission, “Economic Report on Antibiotics Manufacture,” (Washington, D.C.: Government Printing Office, 1958), 78–79. Fleming quoted in Pagan Kennedy, “The Fat Drug,” New York Times, March 8, 2014; Rosen, Miracle Cure, 235.
54. 54. Fleming quoted in Kennedy, “The Fat Drug.”
55. 55. In later years, those surviving bacteria morphed into super versions of salmonella on farms and a related form of staph infections in hospitals. Kennedy, “The Fat Drug.”
56. 56. Phil Davison, “Drugs mogul with a vast philanthropic legacy,” Financial Times, April 23, 2010.
57. 57. Purdue Frederick was at 15 Murray Street in Manhattan’s immigrant Lower East Side. Before World War I, the company moved to 298 Broadway. And in 1922 it relocated to 135 Christopher Street, in the West Village. That was its location when the Sacklers bought it. See “About New York: A Paean to 4 Ageless Girls Who Happily Defied the Storms of a Changeful Era,” New York Times, October 24, 1956, 58. See also Stacy Wong, “Thrust Under Microscope: Stamford Drug Company’s Low Profile Shattered by Controversy Over Abuse of Painkiller OxyContin,” Hartford Courant (New Haven, CT), September 2, 2001, 1.

Chapter 11: “A Haven for Communists”

1. 1. “Administered Drug Prices,” Report of the Committee on the Judiciary, Subcommittee on Antitrust and Monopoly, 12323.
2. 2. US v. Chas. Pfizer & Co., et al Defendants, United States District Court, Southern District New York, 245 F. Supp. 801 (1965), September 9, 1965.
3. 3. Administered Prices Hearings before the Subcommittee on Antitrust and Monopoly of the Committee on the Judiciary, U.S. Senate, 86th Cong. 2nd sess., Part 23 (Washington, D.C.: US Government Printing Office, 1957), 12261–86, 12949–51.
4. 4. See Lear, “The Struggle for Control of Drug Prescriptions,” 37.
5. 5. Ibid.
6. 6. Ibid., 38–40.
7. 7. Podolsky, Era of Antibiotics, 3.
8. 8. David Greenwood, Antimicrobial Drugs: Chronicle of a Twentieth-Century Medical Triumph (Oxford, UK: Oxford University Press, 2008), 245.
9. 9. Nelson, “The History of the Tetracyclines,” 21.
10. 10. John E. McKeen, “Antibiotics and Pfizer & Co.,” Armed Forces Chemical Journal, Vol. III, No. 8 (April 1950), 37–38.
11. 11. Lloyd Conover quoted in Abe Zaidan, “Inventors To Be Inducted Into Hall Of Fame: Chemist Says Luck Played Role In Wonder Drug,” The Plain Dealer (Cleveland, OH), April 24, 1992, 1B.
12. 12. McFadyen, “The FDA’s Regulation and Control of Antibiotics in the 1950s,” 161.
13. 13. “Administered Drug Prices,” Report of the Committee on the Judiciary, Subcommittee on Antitrust and Monopoly, Part 23, 12949.
14. 14. Symposia Registration, Box 1089, Miscellaneous (2 of 6), RG 46; Dwight Eisenhower to Henry Welch, 10/28/54, in preface to Antibiotics Annual (1954–1955).
15. 15. McFadyen, “The FDA’s Regulation and Control of Antibiotics in the 1950s,” 161.
16. 16. Lear, “The Struggle for Control of Drug Prescriptions,” 38.
17. 17. Administered Prices Hearings before the Subcommittee on Antitrust and Monopoly of the Committee on the Judiciary, U.S. Senate, 86th Cong. 2nd sess., Part 23 (Washington, D.C.: US Government Printing Office, 1957), 12678–79.
18. 18. New York State, Division of Incorporations, DOS ID 65755, May 11, 1950. Frohlich opened a branch in his native Germany, in collaboration with Thieme Medical Publishing, under the name Institut für Medizinische Statistik. It soon expanded in Europe. The companies, as was the habit with Frohlich and the Sacklers, changed over time with new ones formed with slight name variations. The original was Intercontinental Medical Information Service, Inc., New York Department of State, Division of Corporations, DOS ID May 11, 1950, Dissolution December 23, 1992. Intercontinental Medical Book Corp, DOS ID 92644, was incorporated November 13, 1953, and on that same date so was Stratton Intercontinental Medical Book Group, DOS ID 92644. Intercontinental Medical Statistics International Ltd was not incorporated until October 23, 1973 (DOS ID 236752), followed by Intercontinental Marketing Corporation, March 2, 1982, DOS ID 754499 and Intercontinental Marketing Group, Inc. April 21, 1983, DOS ID 836630, and Intercontinental Marketing Source, Inc. May 1, 1998, DOS ID 2255205, and finally Intercontinental Medical Statistics International Inc, April 24, 1998, DOS ID 2252767.
19. 19. New York State, Division of Incorporations, Stratton Intercontinental Medical Book Corp, DOS ID 92644, November 13, 1953, and Intercontinental Medical Book Corp, DOS ID 92644, November 13, 1953, both with Thieme Medical Publishing listed as the registered agent. Thieme acquired both companies in 1985.
20. 20. Tanner, Our Bodies, Our Data, 27–28.
21. 21. Michael Sonnenreich interview with author, January 19, 2019.
22. 22. FOIA collection on documents released pursuant to the request of Professor Ben Harris, 1999.
23. 23. Interview with Donald F. Klein, by John M. Davis, in Boca Raton, Florida, December 12, 2007, for An Oral History of Neuropsychopharmacology, The First Fifty Years, Peer Interviews, Vol. 9: Update, Thomas A. Ban Ed, (Brentwood, TN: ACNP Publisher, 2011), 269.
24. 24. Memorandum from Supervisor in Charge, New York, to Director, FBI, Subject: Changed, David Alex Gordon, SM-C, July 5, 1956, 12 pages, 100-HQ-419511 v. 1 Serial 6, NARA, 4.
25. 25. “2 Doctors to be Privates: Dropped by Hospital for Refusal to Sign Army Loyalty Oath,” New York Times, May 8, 1953.
26. 26. Memorandum from Supervisor in Charge, New York, to Director, FBI, Subject: Changed, David Alex Gordon, 4.
27. 27. “Business Notes,” New York Times, July 25, 1954, 116; “Executive Changes,” New York Times, July 1, 1958, 47; “Seymour Lubman,” Obituaries, New York Times, November 30, 1982, 44.
28. 28. T. B. Schwartz, “Henry Harrower and the turbulent beginnings of endocrinology,” Ann Intern Med, 1999 Nov. 2;131(9):702–6.
29. 29. Listerine was developed for the dental profession and not sold over the counter to the public until 1914. Jordan Wheat Lambert, a pharmacist, named his mouthwash after a British surgeon, Joseph Lister. Lister was most famous for his nineteenth-century discovery of carbolic acid, which became the most widely used germ killer in hospitals and medical practices. http://adage.com/article/adage-encyclopedia/lambert-pharmaceutical/98741/. See also Podolsky Cures Out of Chaos, 377–78.
30. 30. “Vice-President, Director of Purdue Frederick, Co.,” New York Times, June 13, 1953, 24. Schneider moved to Purdue too early to enjoy the benefits of a 1955 merger between Lambert and another company Schneider had worked at, Warner Drugs. Warner-Lambert doubled in size by that merger. It later added Parke-Davis (1976) before Pfizer bought the company in 2000. See also “Practical Pharmacy Edition,” Journal of the American Pharmaceutical Association, Vol. 21., No. 2, February 1960.
31. 31. “Elected to Presidency of Drug Manufacturer,” New York Times, May 8, 1954, 25.
32. 32. “About New York: A Paean to 4 Ageless Girls Who Happily Defied the Storms of a Changeful Era,” New York Times, October 24, 1956, 58. The Times mistakenly referred to him as “Dan” instead of “Benjamin” Schneider.
33. 33. See “Medical Award Set Up,” New York Times, June 22, 1957, 23.
34. 34. “Manhattan Transfers,” New York Times, December 25, 1957, 47.
35. 35. “Top Medical Award,” New England Journal of Medicine, July 7, 1960, 263:46.
36. 36. Tanner, Our Bodies, Our Data, 22, 29.
37. 37. “News of Advertising and Marketing,” New York Times, March 27, 1956, 58.
38. 38. Pharmaceutical Research Associates, Inc. Filing Date New York State June 25, 1945, DOS ID. 56217. Pharmaceutical Advertising Associates, Inc. Filing Date New York State May 9, 1947, DOS ID 62641. The telephone number listed for Pharmaceutical Advertising Associates in the Yellow Pages Directory was (212) 223-0368. That was the main business line for the American “office of admissions” for an eponymously named School of Medicine the Sacklers incorporated in 1964 in Israel. Both entities shared the same office at 17 East 62nd Street.
39. 39. Lutze, Who Can Know the Other?, 141, 162, 164.
40. 40. FOIA collection on documents released pursuant to the request of Professor Ben Harris, 1999, 5, 19.
41. 41. Wisconsin senator Joe McCarthy was the moving force on the committee starting in the late 1940s. He was out, however, by 1954, censured by his colleagues for his smear tactics. FOIA collection on documents released pursuant to the request of Professor Ben Harris, 55–57.
42. 42. With only a few exceptions, one at the San Francisco Chronicle and three at The New York Times, journalists were dismissed for refusing to cooperate with the congressional Red investigations. Edward Alwood, Dark Days in the Newsroom: McCarthyism Aimed at the Press (Philadelphia: Temple University Press, 2007), 149.
43. 43. It was concern about possible espionage that put the former journalists on the FBI’s radar in the 1950s. A decade earlier the Bureau had intercepted a September 13, 1939, Soviet cable to American Communist Party leaders in the U.S., emphasizing the importance of recruiting “journalists of a solid bourgeois newspaper who will be able to live in Europe and to move from one country to the other.” While journalists who traveled to Europe frequently were under the most suspicion, the Bureau and HUAC also put a high priority on newspaper editors because they often had the power to affect the slant of content in their papers. Alwood, Dark Days in the Newsroom, 95, 100; Haynes and Klehr, Venona, 79; Nigel West, Venona: The Greatest Secret of the Cold War (New York: HarperCollins, 1999), 279–80.
44. 44. A. B. Magil, a Communist Party member who later got a job at Medical Tribune, had first applied after he heard from a “reliable source” that upward of a dozen blacklisted writers and journalists were working there. Memorandum from Supervisor in Charge, New York, to Director, FBI, Subject: Changed, David Alex Gordon, 5.
45. 45. Bernstein’s name had been uncovered by the National Security Agency intercept of a Soviet cable discussing American communist assets. The so-called Venona Papers comprise twenty-one volumes of KGB archival material, nine notebooks written by a Russian espionage historian, Alexander Vassiliev, and twelve compilations of Soviet telegraphic cables deciphered by the U.S. National Security Agency from 1943 to 1980. The project became public in 1995. Historians generally agree that those named were likely contacts or informants for Soviet intelligence. Most Americans in the papers were never charged with any crime and in many instances there is no independent evidence other than the Venona Project to determine what role they might have had. West, Venona.
46. 46. The companies at that address were Medical Press, Medical Science and Communications, World Wide Medical News Service, and Medigraphics.
47. 47. See also Signers of 1939–40 Communist Party Petitions for State and City Elections, Boroughs of New York City: Official Report, the Names and Addresses of the Signers of Petitions for Candidates of the Communist Party for State and City Elections, 1939–40, for the Confidential Use of the Special Committee on Un-American Activities, 137.
48. 48. Alwood, Dark Days in the Newsroom, 102.
49. 49. Gordon’s middle name was Alex; he merely dropped his first name and used it instead.
50. 50. Among them were Bernard Segal, Medical Press’s managing editor, Leo Schlessinger, a copy chief for William Douglas McAdams, and Gabriel Zakin, a copywriter there. Ray Lynch, “Max Gordon, Former Editor at Socialist ‘Daily Worker,’ ” Memorandum from Supervisor in Charge, New York, to Director, FBI, Subject: Changed, David Alex Gordon, 2–3. See also The Sun-Sentinel (Ft. Lauderdale, FL), January 19, 1990.
51. 51. Sackler hoped Medical Tribune would become a daily but he never managed more than three times weekly. It fell off to twice monthly in the 1980s when there was considerably more competition from other journals. Letter from A. B. Magil to Professor Alan M. Wald, September 4, 1991, transcript provided to the author in an email from Professor Wald, March 27, 2017.
52. 52. Jerry Schwartz, “A Life Tainted Red by McCarthyism Ends,” Courier-News (Bridgewater, Somerset, New Jersey), July 26, 1998, Sunday Edition, 77.
53. 53. Judy Klemesrud, “Woman Sets Fine Record,” Cumberland Evening Times (Cumberland, Allegany, Maryland), May 21, 1969, 20; Testimony of William Marx Mandel (Accompanied by his counsel, Joseph Forer), Executive Sessions of the Senate Permanent Subcommittee on Investigations of the Committee on Government Operations, Vol. 2, 83rd Congress, First Session, 1953, 935–943; Institute of Pacific Relations; Hearings before the Subcommittee to Investigate the Administration of the Internal Security Act and Other Internal Security Laws of the Committee on the Judiciary, United States Senate, 82nd Congress, second session on the institute of pacific relations Part 8 (1952): I–XXXIV. As for Mandel’s father, see Letter, Joseph M. Proskauer to Governor and Mrs. Herbert H. Lehman, March 26, 1942, City Housing Council of New York Collection, Columbia University. And see “ ‘Mutual Admiration Society’ of Browder, Senator Meets,” Florence Morning News (Florence, SC), March 25, 1953, 5; “Reds’ U.S. Boss,” Montgomery Advertiser (Montgomery, AL), March 25, 1953, 2.
54. 54. Haynes and Klehr, Venona, 79, 89–90; West, Venona, 279–80.
55. 55. Memorandum from Supervisor in Charge, New York, to Director, FBI, Subject: Changed, David Alex Gordon, 5; Alwood, Dark Days in the Newsroom, 36, 42, 45.
56. 56. Memorandum from Supervisor in Charge, New York, to Director, FBI, Subject: Changed, David Alex Gordon, 5.
57. 57. Martí-Ibáñez used MD Publications to release Sigerist’s writings, and sometimes was his coauthor. The reason the FBI took note was that Sigerist in his 1937 book, Socialized Medicine in the Soviet Union, presented the case that the Soviet medical system was a model for the world. https://philpapers.org/rec/SAUOTH.
58. 58. Memorandum from Supervisor in Charge, New York, to Director, FBI, Subject: Changed, David Alex Gordon, 5.
59. 59. Ibid., 6.
60. 60. The three were Medical Science and Communications, World Wide Medical News Service, and Medigraphics. All moved in tandem in June 1955 to 130 East 59th Street. Another Sackler-controlled company, Medical Press, signed a lease there for three full floors (14–17). The William Douglas McAdams agency later also moved to East 59th Street. McAdams, Medical Tribune, and Medical Press all used PLaza 9-6300 (in Arthur’s ever-changing name-swapping game, years later Medical Tribune became Avalon USA and then M.T. Business Corp.). The public listing for Medigraphics (MUrray Hill 6-2734) was also the number for Communications Associates, World Wide Medical News Service, and Sol Feuerman, a private person. Feuerman was a director of Medigraphics and a former film editor who had lost his job when it was disclosed he had signed a petition to place communist candidates on the New York ballot. See Signers of 1939–40 Communist Party Petitions for State and City Elections, Boroughs of New York City: Official Report, the Names and Addresses of the Signers of Petitions for Candidates of the Communist Party for State and City Elections, 1939–40, for the Confidential Use of the Special Committee on Un-American Activities.
61. 61. Arthur Sackler was chairman of the board for Medical Press, treasurer of World Wide Medical News Service, president of McAdams International, and had been secretary-treasurer at William Douglas McAdams before becoming its CEO. Although Arthur and his first wife, Else, had been divorced nearly eight years, she remained a director and shareholder at some of his firms. Else’s friend, Helen Haberman, was a William Douglas McAdams vice president and part owner of the agency. Haberman was also a director of World Wide Medical News Service and McAdams International. Kefauver investigative committee staff notes on Haberman ownership stakes, in collection of author.
62. 62. Incorporation and annual filings of corporations, in collection of author.
63. 63. 270 Broadway, later to 1440 and then to 250 Broadway before the McAdams midtown Manhattan address.
64. 64. Martin Greene was also a director.
65. 65. See, for instance, Arthur M. Sackler, M.D. and Lawrence H. Sophian, M.D., “The Effects of the Ingestion of Amino Acid on Gastric Secretion, with Particular Reference to L-Lysine Monohydrochloride,” American Journal of Clinical Pathology, Vol. 28, Issue 3, September 1, 1957, 258–63.
66. 66. See Memo, Medical Tribune, From: Joseph Gennis, M.D., Executive Editor} and Frederick Silber, Managing Editor, To: Drs. Adriani, Bracelmld, Dameshek, Dubos} Master, Ochsner} Palmer, Rigler, Sabin and Schick, Subject: Report of Medical Tribune Advisory Board Meeting held in New York on January 13, 1967, collection of author.
67. 67. Memorandum, from Supervisor Agent in Charge, New York, to Director, FBI, Subject: Mary Jane Keeney, May 17, 1950, 1 of 1, released to author by FOIA request from NARA, 101 HQ-467 v. 13, Serial 267. See also The Competitive Status of the U.S. Pharmaceutical Industry: The Influences of Technology in Determining International Industrial Competitive Advantage, Charles C. Edwards, Chairman, Lacy Glenn Thomas, Rapporteur, Prepared by the Pharmaceutical Panel, Committee on Technology and International Economic and Trade Issues, Office of the Foreign Secretary, National Academy of Engineering Commission on Engineering and Technical Systems, National Research Council (Washington, D.C.: National Academy Press, 1983). Arthur Sackler was one of twelve participants for the Committee on Technology and International Economic and Trade Issues.
68. 68. Each was a Delaware corporation, where underlying ownership interest is confidential. The author obtained the “applications for authority” and “statements and designations” of the Delaware corporations to do business in New York from the New York Department of State. Each company was represented by, and the shares were held by, William Barnabas McHenry, an attorney at the blue-chip law firm of Lord Day & Lord. McHenry was a longtime Sackler family and company attorney, and listed as the CEO. He was at Lord Day from 1957 to 1962 before leaving to become the general counsel of Reader’s Digest. The author uncovered a Medical Tribune memorandum from 1962 confirming the relationship between the five companies and Lord Day & Lord’s McHenry.
69. 69. The author, in certified copies of certificates and articles of association from the New York Department of State, discovered the Sacklers did not incorporate a new entity when they took control of the company in 1952, instead relying on its legal status in New York from a 1911 incorporation (DOS ID 30111). On paper the owners were Louis Goldburt, an accountant, and two Brooklyn-born brothers and lawyers, Myron and Martin Greene. Goldburt and Martin Greene were listed for Purdue Frederick International, formally registered and filed with the state in 1957 (DDOS 163116). See also set 2 of the Kefauver investigative committee notes prepared for John Blair, under the heading “1955,” page 3, collection of author.
70. 70. Bard Pharmaceuticals, March 7, 1955, DOS ID 96706. Service of process was listed on the original incorporation papers on February 16, 1955, as Vard Pharmaceuticals. The author cannot find any evidence, aside from that listing, that there was a Vard Pharmaceuticals so it is almost certainly a typo.
71. 71. Corporate History, “About Mundipharma,” Timeline, described Mundipharma as an independently affiliated company with Purdue. Collection of author.
72. 72. Dagrapharm was dissolved on September 30, 1991. Mundipharma is still active as of 2019. See Company Number 00553824, Incorporated August 26, 1955, London, UK. Documents in possession of author.
73. 73. The Sacklers began the Swiss registration process a year after the launch of the U.K. companies, but the legal process was slow and the Basel Mundipharma branch did not open its doors until 1957. AG in its name is an abbreviation for Aktiengesellschaft, a term used in Germany, Austria, and Switzerland to indicate a company whose stock share might be publicly traded. SWISSFIRMS ID: 01201798, St. Alban-Rheinweg 74, 4000 Basel; Commercial register No. CH27030041559, No Crefo 406248151, No D-U-N-S 480045830, IDE No. CHE-107.788.217.
74. 74. The shared office was on the ninth floor of New Zealand House, 80 Haymarket, London, SW1Y 4TQ.
75. 75. Mundipharma AG was at St.Alban-Rheinweg, 74, Basel, 4020) Trademarks: XIUNIS SYNTHEBODY CARDOQUINA; Mundipharma Distribution GmbH (Switzerland, St.Alban-Rheinweg, 74, Basel, 4052); Mundipharma EDO GmbH (Switzerland, St.Alban-Rheinweg, 74, Basel, 4052); Mundipharma Holding AG (Switzerland, St.Alban-Rheinweg, 74, Basel, 4052); Mundipharma IT GmbH (Switzerland, St.Alban-Rheinweg, 74, Basel, 4052); Mundipharma IT Services GmbH (Switzerland, St.Alban-Rheinweg, 74, Basel, 4052); Mundipharma International Services GmbH (Switzerland, St.Alban-Rheinweg, 74, Basel, 4052); Mundipharma LATAM GmbH (Switzerland, St.Alban-Rheinweg, 74, Basel, 4052); Mundipharma Laboratories GmbH (Switzerland, St.Alban-Rheinweg, 74, Basel, 4052); Mundipharma MEA GmbH (Switzerland, St. Alban-Rheinweg, 74, Basel, 4052); branch Mundipharma Medical Company, Hamilton, Bermuda, Basel Branch (Switzerland, St.Alban-Rheinweg, 74, Basel, 4052); Mundipharma Medical GmbH (Switzerland, St.Alban-Rheinweg, 74, Basel, 4020); Mundipharma Near East GmbH (Switzerland, St.Alban-Rheinweg, 74, Basel, 4052); Mundipharma Pharmaceutical Company, Hamilton, Bermuda, Basel Branch (Switzerland, -24 Oct 2001); Mundipharma Pharmaceuticals GmbH (Switzerland, -29 Jun 2005, c/o Revinova Treuhand AG, Im Tiergarten, 7, Zürich, 8055); nonprofit Personalvorsorgestiftung der Mundipharma AG in Liquidation (Switzerland, c/o Mundipharma AG, St.Alban-Rheinweg, 74, Basel, 4052); Purdue Pharma GmbH in Liq. (Switzerland, -17 Sep 1999) Previously/Alternatively known as Mundipharma Products Gmbh.
76. 76. Memorandum, from Supervisor Agent in Charge, New York, to Director, FBI, Subject: Mary Jane Keeney, May 17, 1950, 1 of 1, released to author by FOIA request from NARA, 101 HQ-467 v. 13, Serial 267.

Chapter 12: The Puppet Master

1. 1. Win Gerson, a McAdams agency executive who later became its president, said, “In my mind, it was all Arthur. I guess legally you had to break it out into different ‘affiliated companies,’ and these are the legal entities. But, actually, to me, the whole thing was Arthur.” Gerson quoted in Barry Meier’s updated edition of Pain Killer, 54.
2. 2. NYS corporation documents in collection of author.
3. 3. United States Patent Tetracycline, Lloyd H. Conover, Oakdale, Conn, Application October 9, 1953, Serial No. 385,041, Patent issued US2699054A.
4. 4. Tobbell, Pills, Power and Policy, 75–80; John Braithwaite, Corporate Crime in the Pharmaceutical Industry (New York: Routledge, 2013), 181.
5. 5. L.W. Frohlich, “The Physician in the Pharmaceutical Industry in the United States,” Proceedings of the Royal Society of Medicine, from April 11, 1960, London, Vol. 53, Sec. 1, August 1960, 586.
6. 6. Ibáñez to Welch, 12/10/54, Box 1089, “Welch, Dr. Henry, FDA Materials Correspondence” (10 of 10), RG 46, NARA.
7. 7. Letter from Ernest Jawetz to Martí-Ibáñez, February 7, 1956, Administered Prices Hearings before the Subcommittee on Antitrust and Monopoly of the Committee on the Judiciary, U.S. Senate, 86th Cong. 2nd sess., Part 23 (Washington, D.C.: Government Printing Office, 1957), 13025.
8. 8. “Medicine: What the Doctor Ordered,” Time. See also Li, Triumph of the Heart, 87.
9. 9. “Administered Drug Prices,” Report of the Committee on the Judiciary, Subcommittee on Antitrust and Monopoly, 145.
10. 10. Dutfield, Intellectual Property Rights and the Life Sciences Industry.
11. 11. Harry F. Dowling, “Tetracycline,” Medical Encyclopedia, New York, 1955; U.S. Federal Trade Commission, “Economic Report on Antibiotics Manufacture,” (Washington, D.C.: Government Printing Office, 1958), 245.
12. 12. See U.S. Federal Trade Commission, “Economic Report on Antibiotics Manufacture,” (Washington, D.C.: Government Printing Office, 1958), 250–57.
13. 13. “Administered Drug Prices,” Report of the Committee on the Judiciary, Subcommittee on Antitrust and Monopoly, 145.
14. 14. Ibid., 145–46; Temin, “The Evolution of the Modern Pharmaceutical Industry,” April 22, 1961.
15. 15. Silberman, “Drugs: The Pace Is Getting Furious,” 139.
16. 16. Donohue, “A History of Drug Advertising,” 668.
17. 17. US. House, Committee on Government Operations, Subcommittee on Legal and Marketing Affairs (1958).
18. 18. Richard Harris, The Real Voice (New York: MacMillan, 1964), 3–4, 6.
19. 19. Victor Anfuso, “The Monopoly in the Antibiotic Field,” Congressional Record 101, part 8 (1955): 10641–42.
20. 20. Erythromycin was not a broad-spectrum antibiotic, but since it promised a better therapeutic response than penicillin it was a commercial success. A Lilly chemist, Abelardo Aguilar, working at a company lab in the Philippines, discovered it in 1949. Lilly obtained patent No. 2,693,892 on erythromycin on September 23, 1953, and cross-licensed it to Upjohn and Abbott.
21. 21. Morton Meyers, Happy Accidents: Serendipity in Modern Medical Breakthroughs (New York: Arcade Publishing, 2007), Kindle Edition, 2153–81, 2221, 2250–51.
22. 22. Podolsky, Cures Out of Chaos, 295–96, 307, 316, 321–23, 325.
23. 23. The two were Gertrude Elion and George Hitchings, https://www.nobelprize.org/prizes/medicine/1988/press-release/. See also Podolsky, Cures Out of Chaos, 278–80.
24. 24. Researchers at first thought interferon might be effective against a broad range of cancers, and even some viral infections. However, by the mid-1980s, it was only effective in fighting one form of leukemia. See Claudia Wallis, “Medicine: What’s Become of Interferon? The once heralded wonder drug fulfills some of its promise,” Time, July 1, 1985. For the discovery of interferon, see Sidney Pestka, “The Interferons: 50 Years after Their Discovery, There Is Much More to Learn,” Journal of Biological Chemistry, Vol. 282, No. 28, July 13, 2007, 20047–51.
25. 25. There was considerable legal and political fallout from that deadly mistake. The HEW division responsible for the oversight of vaccines tripled in size and budget. Hundreds of lawsuits resulted in product liability rulings that scared away many pharma companies from vaccine research and development. The potential costs and risks with vaccine production have resulted in annual shortages not only of the influenza vaccine, but the development of new ones to treat childhood diseases. Michael Fitzpatrick, “The Cutter Incident: How America’s First Polio Vaccine Led to a Growing Vaccine Crisis.” Journal of the Royal Society of Medicine 99.3 (2006): 156; Paul A. Offit, The Cutter Incident: How America’s First Polio Vaccine Led to the Growing Vaccine Crisis (Hartford, CT: Yale University Press, 2007).
26. 26. Offit, The Cutter Incident, 62–63.
27. 27. Lilly also produced some of the polio vaccine. Neal Nathanson and Alexander D. Langmuir, “The Cutter Incident Poliomyelitis Following Formaldehyde-Inactivated Poliovirus Vaccination In The United States During The Spring Of 1955: I and 2, Background,” American Journal of Epidemiology, Vol. 78, Issue 1, 1 July 1963, 16–28, 29–60. See also Offit, The Cutter Incident, 1080 of 2851.
28. 28. Ibid., 2071 of 2851.
29. 29. Senators Wayne Morse and Hubert Humphrey, “The Salk Vaccine,” Congressional Record 101, pt. 6, 1955: 7115–19.
30. 30. “Wire-Tapping Mystery: New York’s Mayor O’Dwyer says enemies spied on him; they say his charges are attempt to cover up city graft,” Life, November 28, 1955.
31. 31. “Broady Found Guilty in Wiretapping Case,” New York Times, December 9, 1955, 1, 56.
32. 32. Long, The Intruders, 194–95. The dollar difference is purchasing power measured by inflation (www.in2013dollars.com).
33. 33. See US v. Chas. Pfizer & Co., et al Defendants, United States District Court, Southern District New York, 367 F. Supp. 91 (1973), No. 61 Cr. 772, November 30, 1973.
34. 34. The Real Voice, 81; “Administered Drug Prices,” Report of the Committee on the Judiciary, Subcommittee on Antitrust and Monopoly, 146–47.
35. 35. See for instance Agreement dated March 28, 1956, between Pfizer and Bristol Laboratories, submitted to the FTC in response to FTC data request, 1956: U.S. Federal Trade Commission, “Economic Report on Antibiotics Manufacture,” (Washington, D.C.: Government Printing Office, 1958), 26–27; 254–57. See US v. Chas. Pfizer & Co., et al Defendants, United States District Court, Southern District New York, 367 F. Supp. 91 (1973), No. 61 Cr. 772, November 30, 1973. See also Braithwaite, Corporate Crime in the Pharmaceutical Industry, 186.
36. 36. The nearly two dozen companies manufacturing antibiotics at the end of World War II had been reduced by half in a decade. Those left, including Monsanto and Schenley Labs, were primarily manufacturers of industrial chemicals who had agreed to help the World War II crash program but had no intent of becoming pharmaceutical firms. One chemical company, Indiana-based Commercial Solvents, continued making antibiotics since it had a patent on a pioneering fermentation process. U.S. Federal Trade Commission, “Economic Report on Antibiotics Manufacture” (Washington, D.C.: Government Printing Office, 1958), 190–91.
37. 37. Braithwaite, Corporate Crime, 175–76. “Administered Drug Prices,” Report of the Committee on the Judiciary, Subcommittee on Antitrust and Monopoly, 147.
38. 38. U.S. Federal Trade Commission, “Economic Report on Antibiotics Manufacture” (Washington, D.C.: Government Printing Office, 1958), 191–92.
39. 39. Braithwaite, Corporate Crime in the Pharmaceutical Industry, 181. “Administered Drug Prices,” Report of the Committee on the Judiciary, Subcommittee on Antitrust and Monopoly, 147.
40. 40. Braithwaite, Corporate Crime in the Pharmaceutical Industry, 176.
41. 41. Harris, The Real Voice, 26–30.
42. 42. F. M. Scherer, “The F.T.C., Oligopoly, and Shared Monopoly,” Faculty Research Working Paper Series, Harvard Kennedy School, September 2013, 4.
43. 43. The year for comparison of profit share from tetracycline was 1957, in which $20 million of Pfizer’s $23 million profit was from tetracycline. From 1946 to 1959, Pfizer’s sales jumped from $39 million annually to $254 million. See Braithwaite, Corporate Crime in the Pharmaceutical Industry, 176; Podolsky, The Antibiotic Era, 37–38.
44. 44. Thomas J. Winn, “The Antibiotics Market,” Drug and Cosmetic Industry 67 (1950): 472.

Chapter 13: Fake Doctors

1. 1. B. Ryman, “Infectious Diseases: 16th annual review of significant publications,” Archives of Internal Medicine 87 1951:128.
2. 2. Rosen, Miracle Cure, 272.
3. 3. “Symposium on Antibiotics,” Journal of Pharmaceutical Sciences, Vol. 45, Issue 6, June 1956.
4. 4. Dr. Maxwell Finland, in testimony to the Senate, summarized in April 1961 report, 179.
5. 5. “Symposium on Antibiotics,” Journal of Pharmaceutical Sciences, Vol. 45, Issue 6, June 1956. See also Richard E. McFadyen, “The FDA’s Regulation And Control Of Antibiotics In The 1950s,” 166.
6. 6. The student was Gideon Nachumi. He went on to become a respected psychiatrist in New York. Testimony of Gideon Nachumi, June 1, 1960, before the Committee on the Judiciary, Subcommittee on Antitrust and Monopoly, 86 and 87th Congress, NARA. See also Rosen, Miracle Cure, 273.
7. 7. Joseph Hixson’s confirmation to the Senate cited by Podolsky, The Antibiotic Era, 80–81, n. 39.
8. 8. Antibiotic Medicine’s board consisted of twenty-five American and nine international editors, most recognized authorities in infectious diseases. A year after its successful debut, Antibiotic Medicine was renamed Antibiotic Medicine and Clinical Therapy. By then, MD Publications also published The Quarterly Review of Pediatrics, Quarterly Review of Surgery, Obstetrics and Gynecology, International Record of Medicine, Journal of Clinical and Experimental Psychopathology, Quarterly Review of Psychiatry and Neurology, Antibiotic Medicine and Clinical Therapy, and Antibiotics and Chemotherapy. See Stengren, “He Takes Pulse of 150,000 U.S. Physicians.” See also Rosen, Miracle Cure, 269, and Podolsky, The Antibiotic Era, 215.
9. 9. Martí-Ibáñez also used The Medical News Magazine MD as a platform for long essays on his eclectic interests in “literature, love, art, travel, sports and gastronomics.” The magazine was in print for six years and he later released the complete collection of 84 essays as a 712-page book, The Crystal Arrow: Essays on Literature, Travel, Art, Love and the History of Medicine (New York: C. N. Potter, 1964).
10. 10. Stengren, “He Takes Pulse of 150,000 U.S. Physicians.” See also Meier, Pain Killer, 214.
11. 11. See “Circulation of Antibiotics: Journeys of Drug Standards, 1930–1970,” papers presented from June 16–18, 2009, Madrid, Spain, European Science Foundation, Centro de Ciencias Humanas y Sociales Consejo Superior de Investigaciones Científicas (CSIC), edited by Ana Romero, Christoph Gradmann and Maria Santemases, Oslo, Norway, May 2010, 192–93, n. 52, 193. As for Welch’s request, see Welch to Sackler, letter dated February 23, 1956, Box 3, ff 13, Records of the U.S. Senate, Committee on the Judiciary, Subcommittee on Antitrust and Monopoly, 86 and 87th Congress, RG 46.15, sub 13.115, NARA.
12. 12. Harris, The Real Voice, 18–19.
13. 13. “Circulation of Antibiotics: Journeys of Drug Standards, 1930-1970,” papers presented from June 16–18, 2009, Madrid, Spain, European Science Foundation, Centro de Ciencias Humanas y Sociales Consejo Superior de Investigaciones Científicas (CSIC), edited by Ana Romero, Christoph Gradmann and Maria Santemases, Oslo, Norway, May 2010, 194.
14. 14. Allen Weinstein and Alexander Vassiliev, The Haunted Wood (New York: Modern Library, 1999).
15. 15. The description about the house was included in a later espionage indictment of the Sterns. Weinstein and Vassiliev, The Haunted Wood. Also https://www.geni.com/people/Alfred-Stern/6000000003301366250.
16. 16. Besides L-Glutavite, Gray Pharmaceutical had Somatonin, a “tranquilizing preparation for use in the treatment of hypertension”; Lysidox, a general medicinal tonic; Therasalis, a “therapeutic saline and salt substitute”; and Lachrysol, an ophthalmic preparation. As for patents, there were eight related to the products.
17. 17. Lear, “The Struggle for Control of Drug Prescriptions,” 35.
18. 18. Ibid.
19. 19. Author interview with Richard Sperber, March 26, 2019.
20. 20. Lear, “The Struggle for Control of Drug Prescriptions,” 35.
21. 21. Medical Promotion Production Inc, DOS ID #623501, Dissolved April 24, 1980, NY State, in collection of author.
22. 22. In the mid-1960s, Sackler’s MD Publications had launched a once-weekly edition of Medical News as a wholly owned subsidiary. Memo, Medical Tribune, From: Joseph Gennis, M.D., Executive Editor} and Frederick Silber, Managing Editor, To: Drs. Adriani, Bracelmld, Dameshek, Dubos} Master, Ochsner} Palmer, Rigler, Sabin and Schick, Subject: Report of Medical Tribune Advisory Board Meeting held in New York on January 13, 1967, collection of author.
23. 23.
    1. 1. Annals of Internal Medicine, May, June 1958.
    2. 2. New England Journal of Medicine, June 5, 1958.
    3. 3. American Journal of Medicine, May, June 1958.
    4. 4. American Journal of Psychiatry, May, June 1958.
    5. 5. American Journal of Clinical Nutrition, May 1958.
    6. 6. Mental Hospitals (Hospital Journal of the American Psychiatric Association), Mar, May, June, Sept, Oct, Nov 1961.
    7. 7. Journal of Chronic Diseases, May, June 1958.
    8. 8. Postgraduate Medicine, May, June 1958.
    9. 9. Clinical Medicine, May, June 1958.
    10. 10. General Practice, Jan, Mar, May, July, Sept, Nov 1960.
    11. 11. Geriatrics, Feb, April 1962.
    12. 12. Medical Times, May, June 1958.
    13. 13. Modern Medicine, May 1, June 1, 1958.
    14. 14. Hebrew Medical Journal, Nov. 1959, May 1960, Jan. 1961.
    15. 15. Factor, Dec. 1959, Jan, Feb, Mar, April 1960.
    16. See Lear, “The Struggle for Control of Drug Prescriptions,” 35.
24. 24. “Information, Workplace Health & Safety,” American Journal of Nursing, November 1,1958, 32.
25. 25. “Poor risk” covered those who did not respond to tranquilizers, or for whom tranquilizers had too many adverse effects, The News (Frederick, Maryland), “Medical Progress,” May 22, 1958, 4.
26. 26. See Emma Harrison, “Chemical In Juice Aids Mentally Ill; Aged Patients Are Reported Improved by Relative of Monosodium Glutamate,” New York Times, April 20, 1958.
27. 27. Official Summary of Security Transactions And Holdings, January 1968 United States Securities And Exchange Commission Washington, D.C. See also “Decline of Key Magazines Rocked Curtis Empire,” New York Times, October 9, 1964, 64.
28. 28. Lear, “The Struggle for Control of Drug Prescriptions.”
29. 29. From March 1955 through December, the Sacklers sold $499,148 worth of L-Glutavite; $511,782 worth in 1956, $443,668 worth in 1957; and $87,523 worth in the first two months of 1958.
30. 30. “Official Summary of Security Transactions And Holdings,” United States Securities And Exchange Commission (Washington, D.C.: Government Printing Office, 1968). See also Set 2, “Raymond and Mortimer Sackler,” Kefauver investigative committee notes prepared for John Blair, page 2, collection of author; “Name of Zonite Products Changed to Chemway Corp.,” Central New Jersey Home News (Brunswick, NJ), January 15, 1956, 37; “Zonite Products Will Change Name to Chemway Corporation,” Daily Home News, November 4, 1955, 4. Also see “Decline of Key Magazines Rocked Curtis Empire”; Alexander B. Hammer, “Directors Approve Cooper Acquisition of Chemway Corp,” New York Times, October 8, 1970; Jesse Bogue, “Banker Back of Big Merger,” San Francisco Chronicle, January 27, 1962, 41.
31. 31. “Excess Glutamate May Trigger Schizophrenia,” Medscape, April 24, 2013.
32. 32. Brennan was convinced that L-Glutavite had therapeutic properties but curing lifelong schizophrenics who had not responded to other treatments was not one of them. Kefauver committee investigative committee notes prepared for John Blair, page 2, collection of author.
33. 33. U.S. Federal Trade Commission, “Economic Report on Antibiotics Manufacture,” (Washington, D.C.: Government Printing Office, 1958).
34. 34. FDC Reports, August 4, 1958, A4–16. Frohlich comments on competitiveness quoted later in L. W. Frohlich, “The Physician in the Pharmaceutical Industry in the United States,” Proceedings of the Royal Society of Medicine, from April 11, 1960, London, Vol. 53, Sec. 1, August 1960, 586.
35. 35. Braithwaite, Corporate Crime in the Pharmaceutical Industry, 184–86. See also US v. Chas. Pfizer & Co., et al Defendants, United States District Court, Southern District New York, 367 F. Supp. 91 (1973), No. 61 Cr. 772, November 30, 1973.
36. 36. The SEC report was released in January 1959. The measurement was profits as a percentage of gross sales. The SEC finding reported in Tobbell, Pills, Power, and Policy, 90–91.
37. 37. Frohlich, “The Physician in the Pharmaceutical Industry in the United States,” 579, 582.
38. 38. J. Greene and S. Podolsky, “Keeping Modern in Medicine: Pharmaceutical Promotion And Physician Education In Postwar America,” Bulletin of the History of Medicine, 2009 Summer; 83(2):331–77.
39. 39. Podolsky, The Antibiotic Era, 64–69.
40. 40. See generally Frohlich, “The Physician in the Pharmaceutical Industry in the United States,” 581.
41. 41. Lear, “Taking the Miracle out of the Miracle Drugs,” 36–38. Lear cited one instance in which penicillin was prescribed for a sprained toe. See also “New Investigation of Pharmaceutical Promotion Will Be Added to Govt. Pricing and Patent Probes: Result of Exposé Articles,” FDC Reports, February 9, 1959, 12.
42. 42. The five top selling drugs to pharmacies were antibiotics, tranquilizers, corticosteroids, hypotensive agents, and antihistamines. See Science Information Bureau, Market Research Studies, New York, 1960, figure 5.
43. 43. Lear, “Taking the Miracle out of the Miracle Drugs,” 37.
44. 44. Davies and Davies, “Origins and Evolution of Antibiotic Resistance.”
45. 45. “Circulation of Antibiotics: Journeys of Drug Standards, 1930–1970,” papers presented from June 16–18, 2009, Madrid, Spain, European Science Foundation, Centro de Ciencias Humanas y Sociales Consejo Superior de Investigaciones Científicas (CSIC), edited by Ana Romero, Christoph Gradmann and Maria Santemases, Oslo, Norway, May 2010, 191.
46. 46. Lear, “Taking the Miracle out of the Miracle Drugs,” 37–38.
47. 47. Lear, “The Struggle for Control of Drug Prescriptions,” 39.
48. 48. Podolsky, The Antibiotic Era, 73.
49. 49. Harris, The Real Voice, 18–19.
50. 50. Ibid.
51. 51. Lear, “Taking the Miracle out of the Miracle Drugs,” 39–40.
52. 52. Rosen, Miracle Cure, 267.
53. 53. John Lear, “The Certification of Antibiotics,” Saturday Review, February 7, 1959, 43–48.
54. 54. Memo, George P. Larrick to Charles Miller, June 1, 1959, Administered Prices Hearings before the Subcommittee on Antitrust and Monopoly of the Committee on the Judiciary, U.S. Senate, 86th Cong. 2nd sess., Part 23 (Washington, D.C.: Government Printing Office, 1957), 12964.
55. 55. John Lear, “Do We Need a Census of Worthless Drugs?” SR/Research/Science & Humanity, Saturday Review, May 7, 1960, 58.

Chapter 14: A “Sackler Empire”

1. 1. It was formally the Select Committee to Investigate Crime in Interstate Commerce and its final report, published in 1951, was titled “Organized Crime in Interstate Commerce.”
2. 2. Harris, The Real Voice, 11.
3. 3. Time was one of the advertising sponsors for the network coverage of the hearings. It promoted subscriptions to the magazine and they jumped after the hearings. “Crime Hunter Kefauver,” Time, March 12, 1951.
4. 4. Jackie Mansky, “How Watching Congressional Hearings Became an American Pastime,” The Smithsonian, June 8, 2017.
5. 5. See Daniel Scroop, “A Faded Passion? Estes Kefauver and the Senate Subcommittee on Antitrust and Monopoly,” Business History Conference, Vol. 5, 2007, 4–6.
6. 6. Sales data revealed that antibiotics accounted for most of the sales, about 40 percent for market leaders Lederle and Pfizer. David Schwartzman, Innovation in the Pharmaceutical Industry (Baltimore: Johns Hopkins Press, 1976), 124–26.
7. 7. In terms of profits as a percentage of invested capital, from John Blair’s compilation for the Kefauver committee, cited in Harris, The Real Voice, 33–34.
8. 8. Harris, The Real Voice, viii.
9. 9. Dixon, quoting conversation with Estes Kefauver, in Harris, The Real Voice, 47.
10. 10. See December 7, 1959, hearing, testimony of Francis C. Brown, president of Schering, and December 9, testimony of John T. Connor, president of Merck, and December 12, E. Gifford Upjohn, president of Upjohn. Administered Drug Prices: Hearings Before the Subcommittee on Antitrust and Monopoly of the Committee on the Judiciary, United States Senate, 86th Congress, 2nd Session, Pursuant to S. Res. 238, Part 15 (Washington, D.C.: Government Printing Office, 1960).
11. 11. John W. Finney, “Drug Output Curb Charged at Hearing,” New York Times, December 9, 1959, 1, 36.
12. 12. It was 17.9 cents for a single tablet that cost Schering 1.6 cents.
13. 13. The scientists were Drs. Edward C. Kendall and Philip Hench, both of whom won the Nobel for the development of cortisone for Merck. John W. Finney, “Merck’s Head Defends Drug Prices,” New York Times, December 10, 1959, 1, 18.
14. 14. “Drug Is Disputed at Senate Inquiry,” New York Times, September 14, 1960, 47.
15. 15. Maeder, Adverse Reactions, 160.
16. 16. Ira Henry Freeman, “Drug Trade Held a ‘Whipping Boy,’ ” New York Times, December 10, 1959, 19.
17. 17. “Death costs about $900, and that does not include legal fees or doctor’s fees, or the funeral director and the embalming service and the coffins and the monuments and the tombstones and the cemetery services.” Smith testimony, Administered Prices. Part 22, The Food And Drug Administration: Part 19, 10615.
18. 18. Scroop, “A Faded Passion? Estes Kefauver and the Senate Subcommittee on Antitrust and Monopoly,” 11.
19. 19. “Kefauver,” John M. Blair, letter to the Editor in response to the review of Kefauver’s book, In a Few Hands: Monopoly Power in America by Arthur Gass, The New York Review of Books, April 22, 1965.
20. 20. The Senate Committee discovered that the government, from State Department to the Pentagon, was paying even more than the public, sometimes twice the price for the same drug. Rosen, Miracle Cure, 278; Harris, The Real Voice, 72–75.
21. 21. Testimony of A. Dale Console, Administered Prices: Hearings Before the Subcommittee on Antitrust and Monopoly of the Committee on the Judiciary, United States Senate, 86th Congress, 2nd Session, Pursuant to S. Res. 238, Part 18, Apr. 13, 1960 (Washington, D.C.: Government Printing Office, 1960), 10390–91.
22. 22. Stephen Mihm, “Employer-Based Health Care Was A Wartime Accident,” Chicago Tribune, February 24, 2017.
23. 23. Ibid.
24. 24. M. Field and H. Shapiro, eds., “Origins and Evolution of Employment-Based Health Benefits,” Institute of Medicine, U.S. Committee on Employment-Based Health Benefits (Washington, D.C.: National Academies Press, 1993), 2, 12, 34,
25. 25. Elisabeth Rosenthal, “Insurance policy: How an industry shifted from protecting patients to seeking profit,” Stanford Medicine: Sex, Gender and Medicine, Spring 2017. When Congress in 1954 rewrote the tax code, it enhanced the tax benefits for employer-provided health insurance.
26. 26. Aaron E. Carroll, “The Real Reason the U.S. Has Employer-Sponsored Health Insurance,” Upshot, https://www.nytimes.com/2017/09/05/upshot/the-real-reason-the-us-has-employer-sponsored-health-insurance.html.
27. 27. Memorandum from John Blair, Chief Economist to Paul Rand Dixon, Counsel and Staff Director; Subject: Sackler Brothers, March 16, 1960, 4 pages, in collection of author (hereinafter Blair-Dixon Memorandum). The memo and eight pages of supporting evidence is disclosed for the first time in this book. The supporting evidence is handwritten notes and diagrams created by the investigative staff.

    Set 1 of notes consists of four pages titled on page 1 “Arthur Sackler Companies” and is a diagram flowchart of companies, with owners, shares, subsequent transfers, and other relevant ownership information, handwritten inside each company listing. Page 2 is titled “Raymond and Mortimer Sackler” and is a diagram flowchart of companies and ownership interests. Page 3 is untitled; it includes again company flowchart data, with “Marti Ibanez” and “L. W. Frohlich” listed. Page 4 is marked “R&D = Research and Development.” Set 2 of notes consists also of four pages and is a flowchart of Sackler professional and corporate activity and roles in chronological order, listing activity under date headings for 1945, 1947–48, and 1952–59. Collection of author.

28. 28. Blair-Dixon Memorandum.
29. 29. John Lear concluded later that “The [Sackler] brothers cover every aspect of prescription medicine.” See Lear, “The Struggle for Control of Drug Prescriptions,” 35.
30. 30. Blair-Dixon Memorandum, 1.
31. 31. At the Pharmaceutical Research Center, Sackler signed the checks with the Italian-sounding name of Syngergiste, Latin for a bacterium species. Incorporation and annual state filings from Department of State, New York, in collection of author. Also, Blair-Dixon Memorandum, 2.
32. 32. Ibid., 2–4.
33. 33. “The Pharmaceutical Century—1950s.”
34. 34. Blair listed sixteen companies as “components of the Sackler empire.”
35. 35. Blair-Dixon Memorandum.
36. 36. See assorted correspondence between Martí-Ibáñez and Welch and the Sacklers, Administered Prices, Part 22, The Food And Drug Administration: Dr. Henry Welch, 13139–64.
37. 37. “Drug Aide Quits; Blames Politics,” New York Times, May 19, 1960, 12.
38. 38. Rosen, Miracle Cure, 270.
39. 39. Ibid.
40. 40. Letters from Dr. Henry Welch and Drs. Arnold S. Breakey and Willis S. Knighton, exhibits to Administered Drug Prices: Hearings Before the Subcommittee on Antitrust and Monopoly of the Committee on the Judiciary, United States Senate, Part 22, May 11, 1960, 11891, 11896, 13139–64.
41. 41. “Drug Aide Quits; Blames Politics,” New York Times, May 19, 1960, 12.
42. 42. Memo, George P. Larrick to Charles Miller, June 1, 1959, Administered Drug Prices: Hearings Before the Subcommittee on Antitrust and Monopoly of the Committee on the Judiciary, United States Senate, Part 23, 12964. See also Thomas W. Ottenad, “Fleming Demands Immediate Resignation of Dr. Henry Welch,” St. Louis Post-Dispatch, May 19, 1960, 4.
43. 43. See McFadyen, “The FDA’s Regulation And Control Of Antibiotics In The 1950s,” 159–69.
44. 44. Office of the Commissioner, “A Brief History of CDER.” U.S. Food and Drug Administration. FDA, https://www.fda.gov/AboutFDA/History/VirtualHistory/HistoryExhibits/ucm325199.htm.
45. 45. Maier, Pain Killer, 212.
46. 46. “Early Chinese Art and Its Possible Influence in the Pacific Basin (published in two volumes). See also Lon Tuck, “Convictions of the Collector,” Washington Post, September 21. 1986; Biography of Arthur M. Sackler, Drug Industry Antitrust Act, Hearings before the Subcommittee on Antitrust and Monopoly, Senate Committee on the Judiciary, Part 6 Document No. 6, January 30, 1962, 3064.
47. 47. Blair-Dixon Memorandum.
48. 48. Spencer Ante, Creative Capital: Georges Doriot and the Birth of Venture (Boston: Harvard Business Review Press, 2008).
49. 49. The public association with Medical Tribune continued through the shareholder meeting for Doriot’s American Research and Development Corporation (ARD) in 1963. See Frederick McCarthy, “American R. & D. Studying 30 New Venture Projects,” Boston Globe, March 7, 1963, 14.
50. 50. Doriot appointed John J. Snyder Jr., a noted American businessman, to Medical Tribune’s board to watch over the ARD investment (apparently $100,000 for a 5 percent stake). See, for instance, McCarthy, “American R. & D. Studying 30 New Venture Projects,” 14.
51. 51. Delaware Coporate ID 548703, 2/25/1960; Nevada 1964, permanently revoked 4/29/1993, and New York, DOS ID 127424, 3/22/60, all in archives of author.
52. 52. Arthur Sackler, “One Man… And Medicine,” Medical Tribune, December 20, 1972, 9. As for the publication about the earlier study by the Sackler brothers, it was “Quantitated identification of psychosis by blood sample. I. Instrumentation of ultrasound for biologic quantitation,” The Journal of Clinical and Experimental Psychopathology, Vol. XII, No. IV, October–December 1951. The Sacklers were joined on that study by Martí-Ibáñez and two other Creedmoor physicians, W. Roth and F. C-Tui.
53. 53. The quote from the American Association of Advertising Agencies executive and the background behind Arthur Sackler’s reason to withdraw was set forth in an in-depth profile of Sackler by Robert Lenzner, “A Financial Man and the Fogg,” Boston Globe, February 16, 1982, 45, 49. That profie caused a firestorm when it was published shortly after Arthur had made a $7 million bequest to Harvard for what would become the Alfred M. Sackler Museum. When Harvard temporarily put the Sackler bequest on hold, Sackler’s attorney wrote to the Globe claiming it had eleven “incorrect statements which require correction.” Robert Kierstead, the paper’s ombudsman, investigated and his results were published two months later under the title, “More Fact, Less Mystery” (April 5, 1982, 11). Kierstead concluded that “many of the complaints were justified. The writer was the victim of an inaccurate press release, a source who admittedly (but claimed inadvertently) misled him, as well as some insufficient reporting and use of questionable source material.” The author has not cited nor relied on any of the reporting that Sonnenreich questioned. In instances in which Lenzner’s article is cited, it is as a primary source—such as the only interview on the record with venture capitalist Georges Doriot—or the author has independently confirmed what Lenzner reported.
54. 54. Ibid.
55. 55. Doriot interviewed in Ibid.
56. 56. Years later Doriot said he realized Sackler did not want the investment as much as he wanted “standing with the advertisers.”
57. 57. The executives included W. G. Malcolm, president of American Cyanamid Co., parent company of Lederle; Lyman Duncan, manager of Lederle Laboratories; Philip I. Bowman, president of Bristol Labs; Harry J. Loynd, president of Parke-Davis; and Eugene N. Beesley, president of Eli Lilly.
58. 58. Kefauver, In a Few Hands, 34–35.
59. 59. Ibid., 35–36.
60. 60. “Nation’s Largest Manufacturers,” top 50 ranked by net profit as a percent of invested capital and as percent of sales, Fortune, December 1958.
61. 61. Kefauver, In a Few Hands, 23.
62. 62. Parke-Davis & Co. v. H. K. Mulford & Co., 189 F. 95 (C.C.S.D.N.Y. 1911) and Kuehmsted v. Farbenfabriken of Elberfeld Co., 179 F. 701 (7th Cir. 1910).
63. 63. Kefauver, In a Few Hands, 37.
64. 64. Richard Caves, Michael Whinston and Mark Hurwitz, “Patent Expiration, Entry, and Competition in the U.S. Pharmaceutical Industry,” Brookings Papers: Microeconomics, 1991.
65. 65. Alan M. Fisch, “Compulsory Licensing of Pharmaceutical Patents: An Unreasonable Solution to an Unfortunate Problem,” 34 Jurimetrics J. 295, 316 (1994). The idea of compulsory licensing would again briefly become a hotly debated matter more than four decades later. See Debjani Roy, “In Search of the Golden Years: How Compulsory Licensing Can Lower the Price of Prescription Drugs for Millions of Senior Citizens in the United States,” (2004) 52:3 Cleveland State L Rev 467.
66. 66. Harris, The Real Voice, 116.
67. 67. Ibid., 9.
68. 68. Wayne Winegarden, “Price Controls Are Never the Answer,” Forbes, April 1, 2019. See also Debjani Roy, “In Search of the Golden Years: How Compulsory Licensing Can Lower the Price of Prescription Drugs for Millions of Senior Citizens in the United States,” 52:3 Cleveland State Law Review, 467, 2004.