Mr. Hale to Mr.
Hay.
United
States Embassy,
Vienna, October 13,
1902.
No. 25.]
Sir: Referring to the Department’s No. 57, of
July 28, 1902, inclosing therewith copies of communications from the
Sterling Remedy Company, of Kramer, Ind., and from their agent at
Vienna, Mr. Kris, alleging and complaining as follows:
That their trade-mark “Cascarets” has been registered in Austria
and Hungary, and that they have made formal and due application
through their said agent to
[Page 40]
obtain the necessary permit for importing
“Cascarets” into Austria and Hungary, but that such permit is
withheld upon the ground that the importation of American
specialties for medical purposes to be sold in packages at
retail is forbidden, the regulation of the ministry of the
interior, dated December 17, 1894 (R. G. Bl., No. 239),
restricting the granting of such permits to cases in which those
specialties have been prepared in accordance with the
pharmacopoeias of European States.
And instructing; this embassy to present the above case to the Imperial
Government, requestingan investigation and the ultimate abandonment of a
course which appears to discriminate unjustly against an American export
and to be inconsistent with the most-favored-nation provisions or the
treaty of commerce and navigation concluded August 27, 1829, between the
United States and Austria-Hungary, I have the honor to inform you that
in reply to this embassy’s note of August 13, 1902, presenting, as per
instructions, the above case, the imperial and royal ministry for
foreign affairs replies under date of the 8th instant that the ministry
of the interior, having made the necessary investigations in this
matter, reports that the above-named Kris petitioned the city council of
Vienna on May 9, 1902, for a permit enabling him to introduce into
Austria the above referred to “Cascarets,” which permit was granted on
June 11, 1902, but not before Mr. Kris had withdrawn said petition.
The imperial and royal ministry for foreign affairs further adds that
foreign medical specialties, as well as domestic pharmaceutical
preparations, may be sold in Austria, provided that the druggist who
petitions for the right to sell such articles complies with the
provisions of the laws of December 17, 1894, No. 239, and of April 16,
1901, No. 40 (copies of which, together with translation, are herewith
inclosed), and after it has been shown by examination by a committee of
experts that the medical preparation in question corresponds in form and
ingredients with the respective regulations.
For the further information of the Department I beg most respectfully to
inclose herewith a translation in full of the reply of the imperial and
royal ministry for foreign affairs denying Mr. Kris’s allegation that
his request for a permit to sell “Cascarets” was refused.
I have, etc.,
[Inclosure 1.]
Translation of the verbal note from the mini dry
for foreign affairs.
Referring to the esteemed note of August 13, 1902, in relation to the
complaint made by the United States touching the sale of
“Cascarets,” manufactured by the Sterling Remedy Company in Kramer,
Ind., and sold by Moritz Kris, druggist, in Vienna, the ministry for
foreign affairs begs to say that the ministry of the interior has
made the necessary investigations in this matter and now reports
that the above-named Moritz Kris made a petition to the Vienna city
council on May 9, 1902, requesting to be permitted to introduce this
remedy, but that he (Kris) withdrew said petition, although the same
was granted on June 11, 1902. Consequently there can have been no
refusal to grant his petition.
The ministry for foreign affairs begs to say, in addition, that
foreign medical specialties, as well as domestic pharmaceutical
preparations, may be sold in the Austrian part of the Monarchy,
provided that the Austrian druggist who petitions for the right to
sell these articles complies with the provisions of the law of
December 17, 1894 (No. 239), and of April 16, 1901 (No. 40), and
after it is shown by examination on the part of a committee of
experts that the medical preparation in question fully corresponds
in form and ingredients with the respective regulations.
[Page 41]
[Inclosure 2.]
Translation of law of December 17, 1894,
touching retail sale of medical preparations and the manufacture
of specialties.
1. The privileges granted to druggists in regard to the sale at
retail of medical preparations is extended in so far as to allow not
only the sale of medical preparations given in the seventh edition
of the Austrian Pharmacopœia of 1889, but also in those of the three
previous editions, except those which have experienced a change of
preparation as given in the seventh edition, which can be sold only
on the presentation of a physician’s prescription.
Furthermore, it is permitted to druggists to sell at retail all
articles and preparations made according to the pharmacopœias of
European countries and not subject to sale only when prescribed by a
physician.
All these preparations must be offered for sale only under their
authentic names.
In cases where drugs come into consideration which are excluded from
sale, such as B. Pulvis ipecacuanha opiatus, they will be handed
over to parties only in single doses and in such daily portions as
will never reach the maximum limit allowed for adults, and an
approximate proportion for children. Aside from this, all necessary
precautions must be taken to prevent any undue use of such
drugs.
2. The law of December 12, 1889, touching the arbitrary
multiplications of prescriptions remains in force, but it is
permitted that prescriptions now on file in drug stores may continue
to be prepared, on condition that they do not contain ingredients
excluded from private sale.
All these and similar preparations must be labeled and known under a
name signifying their nature and effect, rendering misconception or
error impossible.
Misleading or improper names must not be given even to well-tried
remedies. For instance, “pillulæ purgantis” are not to be named
“Vienna blood-purifying pills of the holy Elizabeth,” or spiritus
sinapis (mustard plaster) be called algophon.
Inasmuch as the foregoing prohibition has not been fully complied
with, druggists are held to act in conformity with this provision
before the 31st of December, 1895.
3. Druggists are allowed to prepare specialties and name them under
the conditions as given under paragraph 2, showing on the attached
label the doses to be taken, and observing all other rules in
connection with the preparation of medicines.
As specialties, however, can only be considered as remedies,
containing materials universally recognized as possessing healing
qualities, as, for instance, balsanum copaivæ, oleum santali, etc.,
or medical preparations, such as extractum filicis maris, extractum
cubebæ, and other mixtures prepared in a manner to make them less
obnoxious to sight, smell, or taste; for instance, capsular
gelatinosæ, or amylaceæ, dragées varnished, or otherwise coated
pills, gelatinæ medicatæ, suppositaria medicata, sapones medicata,
etc.
4. All such preparations made and sold by druggists must be entered
in a book kept for this special purpose, specifying the manner and
length of time of preparation and the proportions of ingredients
used in the composition.
Every wrapper inclosing a dose of a medical composition prepared in a
drug store and kept on hand for retail sale must have a label on
which is written the name of the drug store, the contents, the
price, and the manner of using the article.
When selling a preparation as described in the foregoing to a party,
such directions must be written on the label as are given in the
respective regulations.
In regard to the prices to be charged for articles prepared in larger
quantities and kept on hand to be sold for immediate use, the rates
to be charged will not be calculated according to the tariff rates
in the prescription tax, but will be made on a reduced scale, on the
basis of the wholesale price of the articles and in proportion to
the time consumed in their preparation.
A price list must be kept in every drug store of all medical
preparations exposed for sale, the prices to be in accordance with
the quantities of the medicinal ingredients and materials used in
their composition, which price list shall be subject to approval by
the political authorities.
5. Of all medical preparations of foreign manufacture as well as of
specialties prepared in Austria coming under paragraph 1 of the
ministerial degree of September 17, 1883, No. 152, the druggist must
keep two complete and classified lists, one for those of domestic
make and one for those made abroad, which must be produced when
required by the authorities or shown to the examining board when
making its visit.
Of all the labels, lithographed wrappers, directions for use, etc.,
used in the sale of medical preparations, a complete list of
specimens and samples must be kept, as well as copies of
advertisements and announcements, ready to be shown to the official
authorities.
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6. (Has become obsolete by its repeal, and the provisions of the new
paragraph No. 6 will be found in inclosure No. 3.)
7. Violations of this law, if not coming under the criminal law, will
be punished according to the provisions of the ministerial decree of
September 30, 1857, No. 198.
[Inclosure 3.]
Translation of the law of April 16, 1901
(No. 40).
Modifying paragraph 6 of the law of December 17, 1894, touching
retail sale of medical specialties and pharmaceutical preparations
by druggists, which paragraph is to read henceforth as follows:
“The proper Government officials must supervise the manufacture and
sale of pharmaceutical preparations, examine the lists, and prohibit
the manufacture and sale of such preparations as are found to be not
in compliance with the existing regulations, leaving to the
plaintiff the right to make appeal against such decision.
“The owner or responsible manager of a drug store must report to the
proper authorities the manufacture of any new article intended to be
sold to the public, as well as any foreign-made pharmaceutical
preparation or specialty for the sale of which he may act as
agent.
“In case the authorities applied to decline to issue the permit
desired, it then becomes necessary to send two samples of the
article in question, in their original packages, to the provincial
government, and in case the latter also declines, the case may be
taken to the ministry of the interior.
“The sale of the article in question can not commence until three
months after notification has been made, unless previous notice has
been received by the druggist stating that the ministry of the
interior has found no reason to issue an order prohibiting the
manufacture and sale of said article.
“It is prohibited, when selling the article, to refer to this
official communication.
“The expenses involved in the examination of a medical preparation or
a foreign remedy or specialty must be borne by the druggist who made
the petition.
“This law will take effect on the day of its publication.”
