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Section 113 of the Food and Drugs Act 1955 (in order to prove that the act or default was due to
these suppliers). This wholesale firm, who supplied the patented drug in the normal way to retail
chemists, also took advantage of the same provisions and brought the pharmaceutical research
laboratories into the action as suppliers.
After hearing the case for the prosecution, the Magistrate was satisfied that there had been a
contravention in respect of the first summons (taken under the Food and Drugs Act 1955) but
not in respect of the alleged application of a false description and trade mark (taken under the
Merchandise Marks Acts).
Following an adjournment a sample of the capsules, each of which comprised two halves, one
black and the other red, was released in order that they could be examined by a firm of capsule
manufacturers who were able to tell the Court that they had been made by them as two consignments,
one of wholly red capsules and the other of wholly black capsules and that they had supplied
these capsules to a firm associated with the defendants. The wholesale suppliers and the
pharmaceutical research laboratories were thereupon dismissed from the proceedings.
In giving judgment the Magistrate mentioned that the fraud perpetrated by the defendants,
which included charging seven times the proper price, was a deliberate substitution of a drug not
prescribed with a real possibility of serious harm to the patient. He imposed the maximum fine of
£100. £300 costs were awarded to the City Council, and £1,500 and £1,000 respectively to the
wholesale suppliers and the pharmaceutical research laboratories.
During the third party proceedings, the Magistrate remarked that the defendants' action in
joining the wholesale suppliers and later the pharmaceutical research laboratories in the action
was bound to be costly if it failed. It had served to make apparent the wickedness of the defendants
and those in control in making defamatory allegations which they knew to be untrue against a
responsible firm of wholesalers, and challenging the competence and integrity of the pharmaceutical
research laboratories.
Following the completion of this case the Senior Public Health Inspector (Food Control) attended
a Disciplinary Court meeting of the Pharmaceutical Society in order to give evidence in the Society's
examination of the case.

The methylene blue reduction test has been used for ice cream since March 1947, but it has
not been made "statutory" and can only be taken as indicating whether further investigation is
called for. The provisional grading is 1 if time taken to reduce dye is 4 hours or more, 2 for to
4 hours, 3 from ½ to 2 hours, and 4 for under ½ hour.
Although sterile mixes are used by the majority of caterers the unsatisfactory samples, which
were of soft ice cream, indicate improper hygiene. There still is much to be learned by those engaged
in the cleaning procedure essential to the dispensing of ice cream in a hygienic condition. Every
opportunity is taken of making these requirements known to the staff engaged in this activity,
and the methods recommended by manufacturers of the equipment are demonstrated. Lack of
general supervision by those responsible seems to be the basis of failure to produce satisfactory
results.
Milk and Dairies (General) Regulations 1959
Under these Regulations a local authority is required to keep a register of persons carrying on the
trade of distributor of milk at or from premises within their district whether or not such premises
are occupied by the distributor.
At the 31st December 1968, 363 (367) distributors of milk were so registered.