People v. Ryan

California Court of Appeal Jan 16, 1951Published

Before: Burch

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Holding. The court held that the complaint sufficiently stated a public offense under the Pure Drugs Act and that the statute is a constitutional exercise of legislative power that does not violate due process or equal protection.

Issues

Whether a criminal complaint must negative statutory exceptions to state a public offense.
Whether the Chiropractic Act exempts a licensed chiropractor from the requirements of the Pure Drugs Act.
Whether the Pure Drugs Act violates the due process and equal protection clauses of the 14th Amendment.

Disposition. reversed

Quotations verified verbatim against the opinion

“It is sufficient to limit the charge to the gist of the offense.”

“We find nothing in the Chiropractic Act which would exempt the defendant as such from the requirements of the Pure Drugs Act.”

“We come to the result that section 26271, supra, is a reasonable and proper statute.”

101 Cal.App.2d Supp. 927 (1951) THE PEOPLE, Appellant,

JAMES O. RYAN, Respondent.

California Court of Appeals.

Jan. 16, 1951. James Don Keller, District Attorney, and H. D. Cornell, Deputy District Attorney, for Appellant.

Henry W. Hache for Respondent.

BURCH, J.

Defendant was charged in the Municipal Court of San Diego as follows:

"That said James S. Ryan on or about the 14th day of July, 1950, in San Diego Township in the said County of San Diego, State of California, and before the making or filing of this Complaint, did then and there wilfully and unlawfully deliver to John Dellenbach a salve, and did represent said salve to have an effect in cancer; ..."

The defendant demurred to the complaint on the ground that it did not state a public offense. The court sustained the demurrer, dismissed the complaint, and the People appeal.

By 1939 Statutes, chapter 730, section 1, the Legislature enacted the Pure Drugs Act. This has been set up in the Health and Safety Code, division 21, chapter 2, sections 26200-26385. The administration of the act is committed to the State Board of Health, which is given broad powers to promote the public health and safety. (See Health & Saf. Code, 200-211, inclusive.) Under the act the term "advertisement" means "all representations ... which are likely to induce, directly or indirectly, the purchase of drugs. ..." (Health & Saf. Code, 26209.)

Drugs are "... (2) articles intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man. ...; (3) articles (other than food) intended to affect the structure or any function of the body of man. ..." (Health & Saf. Code, 26200.)

By section 26286 the dissemination of any false advertisement of a drug is prohibited. The violation of any provision of the act is made a misdemeanor and punished by the terms of section 26295.

Section 26273 provides as follows:

"Whenever the board determines that an advance in medical science has made any type of self-medication safe as to any of the diseases named in this article, the board shall by regulation authorize the advertisement of drugs having curative [101 Cal.App.2d Supp. 929] or therapeutic effect for such disease, subject to such conditions and restrictions as the board may deem necessary in the interests of public health."

People v. Ryan

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BURCH, J.

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