ELECTRONIC NEWSLETTER

Abelman, Frayne, &Schwab

On April 30, 1796, the first U.S. patent entitled, "Composition of Bilious Pills" was issued to Samuel Lee, Jr., of Connecticut.

The patent was the first ever for a pill of any kind and is considered to be the first medicine ever patented in the United States.

Lee was a 23-year-old Windham doctor who claimed to have created a pill that relieved an assortment of ills from kidney stones to "dropsy" (fluid retention) and which also prevented yellow fever.

In the early days of commercial medicines, there was no research or testing of pharmaceutical validity, just individuals who used speculation, superstitions, a little imagination and experience with clients.

Lee marketed his product as "Lee's Windham Pills." These pills, composed of gamboge, aloes, soap, and potassium nitrate (saltpeter), were the subject of additional patents and renewals by him and were highly popular for a long period of time. Lee not only developed the pill, he used such marketing devices as distinctive wrapping, newspaper ads and distribution to selected pharmacies, doctors and notion retailers. As a result, his pills sold well.

One of the pharmacies Lee sold to was run by druggist H.P. Lee, in New London. The New London pharmacist grew tired of the cost and terms of doing business with Dr. Lee of Windham. So, in 1798, he produced a comparable pill and advertised it as New London Bilious Pills. The ads said the pills were good for all the same ailments as the Windham pills, plus curing worms, palsy, rheumatism, hysteria and convulsions.

In 1799, Lee obtained his own patent for his bilious pills and soon, a competitive battle was under way. Issues revolved around the similarities of the pills, the ingredients, the duplication of promotional copy, the warnings of fake pills and fraudulent testimonials. The insults hurled by each man at the other generated handsome profits for the two enemies.

However, during the drawn out battle for market share, Mr. Lee of Windham never sued for patent infringement.

Furthering complicating matters, the New London Mr. Lee became a doctor, too.

Dr. Lee, of New London, to try to best his rival, announced that his pills were invaluable for nearly every disease known to man at the time. He also falsely claimed that he had the support of the Connecticut Medical Society.

However, once the medical society actually became involved and investigated the product, it was discovered that the New London pills contained 15 percent mercury and immediately said they should not be used except unless under a doctor's supervision - and that the doctor should not be H.P. Lee.

Nevertheless, the pills from both doctors were sold for decades — up and down the Atlantic coast and beyond the Mississippi River.

Charles Lee, the Windham man’s brother, continued the bilious pill business into the 1840s.

An advertisement from 1803 for "Doctor Lee's Patent New-London Bilious Pills" described them as "Interesting to all sea-faring People" and promised to cure a variety of ills, including "foul stomachs, where pukes are indicated."

Copy of 1803 advertisement for Lee’s New London Bilious Pills