Friday, Mar. 10, 1967

Verdict Against the Vaccine

The U.S. District Court in Cleveland last week imposed as tough a ban as the law allows on further experimentation with the so-called Rand anti-cancer vaccine (TIME, March 3). H. James Rand and his Rand Development Corp. were permanently enjoined and restrained from manufacture and shipment of the vaccine, and even from further animal experimentation with it, until they have complied with all the requirements of federal law.

In granting the Government's request for the ban, Judge James C. Connell declared that it was clear that Rand and his company had knowingly violated the law. "Are they above the law and Congress?" he asked. "They simply refused to furnish information--period. They were their own law and their own drug act." To bring them under the law, Judge Connell ruled that Rand will have to give full information to the Government before he resumes animal experimentation and then keep up the flow of data. There must, said the judge, "be some assurance that they will operate in conformity with the law, including sending reports to Washington, to prevent future conduct from resembling past misconduct."

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