MISCONDUCT IN FOOD AND DRUG ADMINISTRATION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP67B00446R000300110008-9
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 15, 2016
• Document Release Date: January 2, 2004
• Sequence Number: 8
• Publication Date: April 30, 1965
• Content Type: OPEN

proved For Release 2004/02/04: CIA-RDP67B00446R000300110008-9
United States
of America
E:o ogress i0o onal Record
PROCEEDINGS AND DEBATES OF THE 89th CONGRESS, FIRST SESSION
WASHINGTON, FRIDAY, APRIL 30, 1965
MISCONDUCT IN FOOD AND DRUG
ADMINISTRATION
Mr. LONG of Missouri. Mr. President,
I ask unanimous consent to have printed
at this point in the RECORD a remarka-
ble article published in the New York
Times of this morning, April 30, 1965.
There being no objection, the article
was ordered to be printed in the RECORD,
as follows:
SENATOR SCORES FDA INQUIRIES-BUT AGENCY
AID SAYS PANEL LISTENED TO CRACKPOTS
WASHINGTON, April 29.-The chairman of a
Senate subcommittee accused the Food and
Drug Administration today of wholesale mis-
conduct in the performance of its duties.
Concluding 3 days of public hearings
into the agency's use of electronic eaves-
dropping equipment, Senator EDWARD V.
LONG, Democrat of Missouri, who is chairman
of the Judiciary Subcommittee on Adminis-
trative Practice and Procedure, charged:
"The hearings have revealed police-state
tactics ranging from perjur.,d testimony to
gain a conviction to abusive law enforcement
practices, including intimidation and gross
disregard for the constitutional rights guar-
anteed to all American citizens."
The agency's Commissioner, George P. Lar-
rick, declined to comment, but other agency
officials complained that the committee had
not sought a balanced picture.
"QUACKS" TESTIFIED
"The committee let well-known quacks and
crackpots fill the record with their charges,"
one agency official said, "but made no effort
to test the truth or falsity of what they
said."
This official noted that all of those who had
testified against the agency were persons or
representatives of corporations against whom
the agency had taken legal action under the
pure food and drug laws-some of them re-
peatedly over a number of years.
At today's hearing of Dr. Carlton Fred-
ericks, of New York, writer and radio com-
mentator on nutrition, told the inquiry that
he had had a running battle with Govern-
ment regulatory agencies for more than a
dozen years, and that the FDA had made a
relentless and unabated effort to "suppress"
his broadcasts.
Dr. Fredericks said he holds a Ph. D.
from New York University but was not a
doctor of medicine.
PROSECUTED IN NEW YORK
In 1945, he was convicted in New York City
of practicing medicine without a license.
He told the committee today that he had
pleaded guilty rather than stand trial and
risk the loss of his radio clients.
The record indicates that he also has been
involved with two companies prosecuted on
charges of misbranding health products.
A part, at least, of Senator LONG'S ire
springs from what he regards a lack of coop-
eration by the agency in the inquiry.
He is known to have been irritated that
some of his letters of inquiry to Anthony J.
Celebrezze, Secretary of Health, Education,
and Welfare, had been answered by other
persons in the Department; that three agency
No. 77
(At this point Mrs. NEUBERGER took the TALMADGE] made the following comments
chair as Presiding Officer.) upon introducing Governor Arnall:
Mr. LONG of Missouri. This article Mr. Chairman, I am honored to have the
outlines briefly the last 3 days of hear- privilege of appearing before you and your
ings we have had before the nmmit distinguished subcommittee this morning to
(' present s distin
ished Ge
ia.. +h..
gu
org
or
cedure w1 respect to possl a off$ "Governor Arnall now for some 30 years. At
of privacy by the Food and Drug Ad- that time, I was a student in the University
ministration. of Georgia. He was then a member of the
I am correctly quoted as saying: Georgia General Assembly and served as
The hearings have revealed police-state speaker pro tem of the house of representa-
tactics ranging from perjured testimony to Lives. Subsequent thereto he was elected
gain a conviction, to abusive law enforce- attorney general of the State, also served
ment practices including intimidation and as Governor of the State. He held both
gross disregard for the constitutional rights offices with distinction.
guaranteed to all American citizens. Since that time he has represented this
country in various important positions-as
The article goes on to state that the Director of the Office of Price Administra-
agency's Commissioner, George P. Lax- tion. He serves now, I believe, on the Com-
rick, declined to comment, "but other mittee of UNESCO for the United Nations.
agency officials complained that the com- He is engaged in the private practice of
law at the present time.
mittee had not sought a balanced pie- He is one of my State's most outstanding
ture." lawyers.
Then, we get these statements: I am honored to present him to you and
"The committee let well-known quacks and to this distinguished committee.
crackpots fill the record with their charges," I do not know who the unnamed FDA
one agency official said, "but made no effort
to test the truth or falsity of what they official in the New York Times report is,
said." and I will probably never find out, but
it would be interesting to know into
I think that this performance by the which category, "quack" or "crackpot,"
FDA is typical; they whine to the press he places this distinguished citizen.
behind a wall of self-imposed secrecy. The next non-Government witness was
They decline official comment to the Mr. Kirkpatrick W. Dilling, well-known
press, but there seems to be no control Chicago attorney. As he is not a medi-
over unofficial comment. cal man, it would seem that FDA would
This is just the type of thing that so brand him a "crackpot." It seems to be
many of our witnesses complained of. a habit of FDA to so brand those who
I will now take up their charges one might oppose its official dogma and Mr.
by one. Dilling might well fit into this category
As to a balanced picture, we invited as because, as defense attorney in a number
our opening witness or witnesses Secre- of FDA cases, he has vigorously opposed
tary Celebrezze and any FDA officials FDA on behalf of his clients. This is a
that he saw fit to send. He saw fit to cardinal sin.
send Commissioner George P. Larrick, The next witnesses were Messrs. Oscar
Mr. Winton B. Rankin, Assistant Corn- H. Brinkman and Wayne Rohrer on be-
missioner, and Mr. Allen E. Rayfield of half of the Church of Scientology.
the Bureau of Field Administration. I. ask unanimous consent to have
After their testimony on the first day, printed in the RECORD at this point a
they were invited to stay for the re- full biography of Mr. Brinkman, who has
mainder of the 3 days' hearings and, had a distinguished legal career in
in fact, Messrs. Rankin and Rayfield Washington for over 40 years.
were present during almost the entire There being no objection, the biogra-
hearings. On a number of occasions phy was ordered to be printed in the
they were invited to comment on testi- RECORD, as follows:
mony and did so. On other occasions, BIOGRAPHY OF OSCAR H. BRINKMAN, ATTORNEY
they were asked to supply information FOR FOUNDING CHURCH or SCIENTOLOGY,
with respect to testimony, but, unfor- WASHINGTON, D.C.
tunately, were unable to do so on a num- Engaged in the general practice of the law
ber of occasions. They were asked to with office in the Warner Building, suite 957,
supply material for the record. Cer- 501 13th Street, NW., Washington, D.C.
tainly, they had every conceivable oppor- Legal education (after public schools) :
tunity to reply to any testimony with Kansas City School of Law, Kansas City, Mo.
which they disagreed. In fact, I think (LL.B. 1920), and previously attended
Georgetown University College of Law,
the record will show that Mr. Rankin Washintgon, D.C., (Kansas City Schol of Law
was the last witness to testify at the was merged with University of Kansas City
hearings. and is now part of the University of Missouri
Now, as to the question of "quacks and in Kansas City.)
crackpots", let me make these comments. Admitted to bar in Missouri in 1920 and
mittee wanted to question, had to be sub- FDA witnesses.
penaed, and tl qp dlEw Reese 20W02" tl isRDMRSW4"R
in supplying the committee with a copy of of Georgia, Ellis Arnall. My distin-
its agents' manual. guished colleague from Georgia [Mr.
practiced law there, and later admitted to
the State bar in Massachusetts, and the
TM
Massachusetts and the
t Yi1i51 also a member of the
0A
 law over a period of 45 years in Kansas City, As far as I have been able to learn-and we I sincerely regret having to make these
Boston, and Washington , D.C ou elto hav~e~noy r Gros, s ~qyr~~ p ure there are responsi-
tfie Founding Ch> flt~ed Or eIeaSep2/Jtrl44 ii fi3ZIXWd~fAM4fl R00OMIP#gM- rking for the Food and
as attorney in its organization and incorpora- made representations for his firm's products Drug Administration who deplore such
tion. (Not a member of the church.) that were exorbitant or exaggerated,
t1
S
the U.S. Senate in various investigations re-
lating to the sale of securities, the rental
situation in the District of Columbia, the
fraudulent practices in real estate mortgages
and foreclosures, and unfair labor practices
by employers. Drafted bill for the regula-
tion of security sales in the District of
Columbia (passed by the Senate), and also
assisted in obtaining legislation to regulate
foreclosures on homes in the District of
Columbia.
Served as regional attorney for the Inter-
state Commerce Commission in the six New
England States, prosecuting cases under the
Motor Carriers Act.
Served as trial and appeals attorney for
the National Labor Relations Board.
Other activities: Editor of Babson's Wash-
ington Forecast (weekly business newslet-
ter), 1944-52; editor, Business Digest &
Forecast (business newsletter), 1954 to pres-
ent time.
Author: "America's Choice: Freedom or
Slavery" (1965) ; also numerous magazine
and newspaper articles on business and po-
litical subjects.
Married 50 years: wife and two married
daughters.
Homes: Arlington, Va., and Wellesley,
Mass.
prat lees.
uch employees know, as no
It is inconceivable to me that with all others, including the Senate, the neces-
of the trouble we have had with the side sity for strong, vigorous, and intelligent
effects of such dangerous drugs as enforcement of the laws concerning the
Chloromycetin, MER-29, and Thali- food we eat and the drugs we take. Bug-
domide-to name just a few-that not a ging schoolteachers, raiding churches,
single doctor in the United States would harassing honest and loyal businessmen,
have ever sent one complaint to FDA and generally spending the time of Gov-
about an exaggerated claim by a single ernment employees and the money of the
one of the 15,000 drug salesmen. I be- taxpayers on such silly and juevnile in-
lieve if Mr. Rayfield will check FDA's own vestigations is an unconscionable waste.
files, he will find many, many such Using the awesome power of the Federal
letters. Government against the defenseless or
And, speaking of validity of testimony, hard-pressed private citizen without re-
and truth and falsity, let me read to you gard for his reputation, feelings, or ideas
what a Federal judge said of one of our is affrontery to the inveterate and sacred
FDA witnesses when he testified in a re- principles of this country.
cent case before the judge: We have learned that, according to the
I am greatly concerned about the method Food and Drug Administration gospel,
of enforcement used by Agent Schreiber, only quacks prescribe and only dupes
coupled with his testimony on the stand take vitamin and nutrient pills.
wherein he did without qualification The Food and Drug Administration
volunteer the evidence that a factory Inspec- notwithstanding, millions of Americans,
tion of February 19, 1964, was a routine in- including me, think we feel better and
spection, that he did not know of any con-
templated criminal proceeding. In his writ- have more pep when we take One-a-
ten memo direction to make the Inspection Day vitamin pills.
it expressly stated that criminal proceedings Maybe we and our doctors are wrong
were contemplated, and he was to make fur- I do not think so; but, even if we are
ther investigation in aid thereto
which poses th
ill
,
e p
s at worst are admittedly harm-
Mr. LONG of Missouri. Mr. Rohrer is the pointed question of whether or not the less.
an ordained minister in the Church of court should overlook any perjury by a Gov-
Scientology, which is specifically licensed ernment agent hired to enforce the law. In my view, Congress never intended
as a church by the government of the Now that is a question I think that is the Food and Drug Administration to
going to have to be submitted to a Federal arrogate to itself the power to tell Amer-
District of Columbia. grand jury. That cannot go unchallenged, leans what foods to eat or whether or not
The next witness was Mr. Irwin L. I do not like to get any young fellow in they should take vitamin or nutrient
Hubbard, president, American Dietaids trouble. But, on the other hand, the public supplements.
Co., Inc., New York City. His "sin" was is entitled to be protected against the over- Nor did the Congress intend to give
to find a hidden tape recorder in the zeal of any agent, and the desire of an agent the Food and Drug Administration ower
brief case of an FDA agent who was, to make a case, even perjuring to the extent p
that he can make a case. That is the wa to tell people what kind of religion to
without color of law, attempting to en- the matter Is presented at this juncture of practice, or what church to attend, or
trap Mr. Hubbard into possibly incrimi- this hearing. what money they should
nating statements. As a result of the pay to any
Now you have been all through the hear- church or in what form. I do not know
Hubbard case, FDA "outlawed" the use ing, Dr. Kramer. Do you disagree with that much about scientology, but if it helps
of tape recorders in factory inspections. Statement? its believers lead better lives, I am for it.
As I said, Mr. Hubbard's "sin" was dis- Dr. Kramer was another of the FDA
them n any event, it is no business of the
covering their use which made outlawing representatives. Food and Drug Administration to inter-
Dr. necessary. fere with any religion.
I might add parenthetically that there . KRAMER. No, I cannot disagree with
is sworn testimony in our record to indi the statement t beause I think you are call- These are invasions of privacy of the
Y ing e It exactly as it occurred. worst sort.
cate that the practice has continued after If the Food and Drug Administration
the "outlawing," even though some of the Madam President, I should like to re- would spend a little less time and effort
FDA witnesses testified to the contrary. peat what I said at the close of these on religions, small manufacturers of vita-
The last witness was Dr. Carlton Fred- hearings. mins, and milk substitutes, and a little
ericks, a well-known health lecturer and We have had startling and shocking more on the large manufacturers of such
nutritionist. He holds a Ph. D. in Public disclosures during these last 3 days of dangerous drugs as chloromycetin, Mer-
Health Education from New York Uni- hearings. The hearings have revealed 29, and thalidomide, the public would be
versity. He also taught this subject at police-state tactics ranging from per- better served.
New York University and has been a jured testimony to gain a conviction, to This subcommittee has no desire to
nationwide broadcaster on health sub- abusive law enforcement practices in- hinder effective law enforcement; but it
jects for 25 years. I would guess that the eluding intimidation and gross disregard does mean to assure that law enforce-
unnamed FDA official would brand him for the constitutional rights guaranteed ment complies not only with the letter
both a "quack" and a "crackpot," as he to all American citizens by the first, of the Constitution, but also with the
has long fought in favor of food supple- fourth, fifth, and sixth amendments. In spirit of the Constitution so that the
mcnts-vitamins and nutrients-which short, an agency of the Federal Govern- promise and opporunity granted by that
FDA has branded as unnecessary and ment has been accused of attempting to great document is available to all Ameri-
whi.ch it has vigorously tried to take off gain convictions at any cost, cans.
thn market. Prior to the commencement of these I shall do all in my power to see to it
There are complaints by the same hearings, this same agency saw fit to be that the abuses we have learned of in the
faceless FDA official that we did not at- uncooperative, misleading, and evasive past few days do not recur in the future.
tempt to "test the truth or falsity of what with this subcommittee. It must also be stated that it is the im-
they said," In this regard, I might say The unfortunate ramifications of such mediate and urgent duty of the Food and
that each witness was sworn before conduct on the part of a Federal agency Drug officials to acquaint themselves
testifying. Each witness was asked to are overwhelming. The Food and Drug with, as well as to instruct their em-
supply documents and other evidence to Administration is charged with an oner- ployees on, the rights of the individual
substantiate their charges; each did sup- ous responsibility-that of protecting and to learn that in America, the state-
ply the subcommittee with such evidence. this Nation's health. Instead of shoul- ment that a man is innocent until proven
Although I did not have much dif- dering this heavy responsibility, we find guilty is a credo by which we live and
ficulty with the validity of statements by the agency engaged in bizarre and ju- not a worn and tired cliche.
non-Government witnesses, T certainly venile games of cops and robbers. In-
had difficulty with a number of state- stead of a guardian of the national
ments by Government witnesses. Tba health, we find an agency which is po-
fro remarkabl y ,,f~1 j a ~t ,.1,ice p 1/~411i A- ~~ 6R000300110008-9
from m. Mr. Rayfie R