Brady

Brady v. Bayer Corp.

Good Law
237 Cal. Rptr. 3d 683·26 Cal. App. 5th 1156
Court of Appeal of CaliforniaSeptember 7, 2018G053847California9,728 words

Opinion

lead Opinion

Bedsworth, J.

In 1925, Merck Pharmaceuticals sent a letter to Morris Fishbein, chairman of the Journal of the American Medical Association. The letter said, "We have been recently startled by the unexplainable demand on the part of our customers for Sodium Borate C. P. Powder. From our representatives, we have learned that a Dr. Brinkley, of Milford, Kansas, has broadcast recommendations for the use of Merck's Sodium Borate C. P. in obesity, and we have been literally swamped with orders, not only from the trade, but also from the laity. [¶] We have taken action by notifying our ... customers, as well as our sales staff and such retail druggists as have inquired of us regarding the product, strongly discouraging the use and sale of this material for the above mentioned purpose, as we are cognizant of the dangers involved in the internal administration of Sodium Borate." 1

It's been almost a hundred years since Merck sent that letter-responding to demand created by a charlatan with no formal medical training whose license to practice had been revoked in several states, but who had his own radio station and was making a fortune peddling unfounded remedies to unsuspecting citizens with little or…

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