ADVERTISEMENT BY CHEMIST

Press, Volume LXXX, Issue 24280, 10 June 1944, Page 6

ADVERTISEMENT BY CHEMIST

MAGISTRATE’S FINDING REVERSED ACTION HELD TO BE BREACH OF REGULATIONS “By delegated legislation. and at long last, the modern representative of the ancient magician is forbidden to advertise his Tove potion',” declared Mr Justice Northcroft when delivering judgment on an appeal on .a point of law in the Supreme Court in Christchurch yesterday. "At least; he is not forbidden to sell the immemorial comfort of the lovelorn,” he said. It was interesting to observe, however he continued, that he was not forbidden to sell, nor to advertise, certain other commodities that had been listed in an exhibit (a chemist's catalogue) produced during the case. _ The* appeal was made by the Crown, represented by Mr A. T. Donnelly, from a decision by Mr F. F. Reid, S.M. The original information had alleged that H. H. Shaw, a Christchurch chemist, had published a medical advertisement by sending it through the post to J. Kirk, of Ashburton, and that this catalogue contained statements which suggested that the articles advertised would alleviate sexual weakness or Impotence, also that it was contrary to the provisions of the Medical Advertisements Regulations, 1943. The Magistrate had dismissed the information: he' held that the sale <pf contraceptives was a legitimate part o"a chemist’s business, and, accordingly, that the publication of price lists of «uch articles was his judgment Mr Justice Northcroft stated that the respondent had advertised in daily newspapers inviting members of the public to write to him for his price list. Ah officer of the Department of Health had written to Shaw, and had been sent a copy of the price list. The case did not show that the. writer of the letter was known to the respondent as an officer of the Health Department, as a regular customer, or otherwise. The case was conducted in the Supreme Court on the assumption that the officer was quite unknown to Shaw. , "In these circumstances I think a public invitation to ask for the price list and the sending of it to a stranger was ‘a bringing of the price list to the notice of the public’ within the definition” (already quoted by his Honour), he proceeded.- “The position would- be different were a person known to the respondent as ’a regular customer or otherwise to write for a price list or for other business information. Here the respondent prepared the list, and then advertised for applications from those of the public who might be interested to receive it. That, I think, was as much ‘a bringing to the notice of members of the public’ as if the price list had been distributed in the streets, or otherwise circulated freely -in expectation of attracting business from those interested in the articles listed." „ , .. His Honour held, therefore, that the document was a medical advertisement as claimed by the appellant (the Department of Health). , , His Honour alsq was of opinion that the document did contain a claim which by implication suggested that an article advertised would prevent, alleviate, or cure sexual weakness or impotence. The appeal was allowed,- and the case remitted to the Magistrate for the recording of a conviction, and the imposition of "such a penalty as may be , appropriate." Mr D. W. Russell appeared for the respondent.