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of the original act. The resulting confusion is today a source of increasing embarrassment and danger to the Medical Corps of our armed forces, in our relations with foreign countries, and to the farflung activities of the American Red Cross.

I attach for your consideration a draft bill designed to amend the existing law in a manner which would enable us to discharge our conventional obligations and at the same time protect our medical and sanitary services and the American Red Cross. The bill was prepared in the Department of Justice and has the approval of the Attorney General and the chairman of the American National Red Cross. I also understand that it has the approval of the Surgeons General of the Army and the Navy.

Respectfully submitted.

(Enclosure: Draft bill.)

DEPARTMENT OF STATE, April 1, 1942.

SUMNER WELLES, Acting Secretary of State.

A BILL To implement article 28 of the Convention signed at Geneva on July 27, 1929, and proclaimed by the President on August 4, 1932 (47 Stat. 2074, 2092), by making it a criminal offense for any person to use the emblem and name of the Red Cross for commercial or other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 4 of the Act entitled "An Act to incorporate the American National Red Cross," approved January 5, 1905 (33 Stat. 600), as amended (Act of June 23, 1910, 36 Stat. 604, U. S. Code, title 36, sec. 4), be, and it hereby is, further amended to read as follows:

"SEC. 4. That from and after the passage of this Act it shall be unlawful for any person within the jurisdiction of the United States to falsely or fraudulently hold himself out as or represent or pretend himself to be a member of or an agent for the American National Red Cross for the purpose of soliciting, collecting, or receiving money or material; or for any person to wear or display the sign of the Red Cross or any insignia colored, in imitation thereof for the fraudulent purpose of inducing the belief that he is a member of or an agent for the American National Red Cross. It shall be unlawful for any person, corporation, or association other than the American National Red Cross and its duly authorized employees and agents and the army and navy sanitary and hospital authorities of the United States for the purpose of trade or as an advertisement to induce the sale of any article whatsoever or for any business or charitable purpose to use within the territory of the United States of America and its exterior possessions the emblem of the Greek Red Cross on a white ground, or any sign or insignia made or colored in imitation thereof, or of the words 'Red Cross' or 'Geneva Cross' or any combination of these words: Provided, however, That any person, corporation, or association that actually used or whose assignor actually used the said emblem, sign, insignia, or words for any lawful purpose prior to January fifth, nineteen hundred and five, may continue the use thereof for the same purpose and for the same class of goods for a period not exceeding one year after the date of the enactment of this Act. If any person, corporation, or association, or any member, director, officer, agent, representative or employee thereof violates the provision of this section he shall be deemed guilty of a misdemeanor, and upon conviction in any federal court shall be liable to a fine of not more than five thousand dollars, or imprisonment for a term not exceeding one year, or both, for each and every offense."

Re H. R. 6911

The Honorable SOL BLOOM,

JOHNSON & JOHNSON,

New Brunswick, N. J., May 7, 1942.

Chairman, Committee on Foreign Affairs,

House of Representatives, Washington, D. C.

DEAR CONGRESSMAN BLOOM: At the hearing before your committee in the afternoon of April 23, 1942, you requested that I furnish the committee a schedule listing the products of Johnson & Johnson bearing the red cross prior to January 5, 1905, and those bearing the red cross today. Enclosed is such a schedule.

I have made a sincere effort to have this list accurate and complete. I am confident that I have achieved neither objective. We are dealing with situations sometimes more than 50 years old. Price lists and catalogs are not available for all years, are incomplete for others, and samples are not always available. This is particularly true in the instance of Seabury, Inc. (formerly Seabury & Johnson). It is also true with respect to other companies that were merged with this company in years past, such as J. Ellwood Lee Co. and Van Horn & Sawtell, one at least of which used the red cross at one time.

Examination of the schedule reveals that there is a substantially smaller number of products bearing the red cross today than the number bearing the red cross in 1905 and prior years. The count indicates 168 products bearing the red cross today in comparison with 211 bearing the red cross in 1905 and prior years. Many products have been discontinued. Even classes of products, such as antiseptics and poultices, have been discontinued.

There are, of course, a few articles manufactured today and bearing the red cross which vary in form from articles manufactured in 1905. These improvements and modifications are, I believe, within the same classes of goods as explained under item 4 of my letter to you dated May 6, 1942, commenting on the 11 points suggested by Mr. Carter.

In spite of the fact that fewer articles bear the red cross today than bore it in 1905, the company manufactures today many more individual articles than it did in 1905. In 1905 all of its articles bore the red cross. Today many articles added since 1905 do not bear the red cross. The staples, of course, such as cotton, gauze, bandage, adhesive, and the like continue to bear the established trade-mark. Moreover, whereas all of the business was done by and in the name of Johnson & Johnson in 1905, today a substantial portion of the total volume of business is done by and in the name of subsidiaries. No subsidiary uses the name or symbol of the red cross.

I shall be pleased to have you call upon me for any additional information that I may furnish.

Very respectfully yours,

KENNETH PERRY. Products bearing red cross determined in examining price lists of 1888 and subsequent

Plasters:

Products

years 1

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1 This list is submitted in accordance with committee request. While sincere effort has been made for accuracy and completeness, it is certain that within the time permitted neither completeness nor total accuracy has been attained. In fact, there is doubt that they can be attained from records in hand.

Products bearing red cross determined in examining price lists of 1888 and subsequent

Products

years

Continued

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Products bearing red cross determined in examining price lists of 1888 and subsequent years-Continued

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Products bearing red cross determined in examining price lists of 1888 and subsequent

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Continued

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