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May 18, 1964


JAMA. 1964;188(7):17-18. doi:10.1001/jama.1964.03060330087043

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Generic Term Proposal Ruled Out.—  The prescription drug industry won a legal round with the Food and Drug Administration over the government's effort to require drug advertisements to list the generic term for a name every time the brand name is used.Eleven major drug firms and the Pharmaceutical Manufacturers Association had contended that the FDA proposal went beyond the intent of Congress when it passed the drug law of 1962.Federal District Judge Calbe M. Wright of Delaware said the law passed by Congress does not compel such labeling.Counsel for the drug companies argued last January that the labeling demanded would work considerable hardships on the industry, particularly in printing costs.The FDA has not said whether it will appeal the court's ruling.Judge Wright declared that Congress did not specify what it meant by prominent display. "Would one mention of the generic name in juxtaposition with the

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