recent years in girls of 14-22 and related to in utero exposure to DES.
The present case began with the filing of a complaint by Joan Lyons, her mother Claire and her father Thomas, on September 29, 1975. The complaint identified Premo as the manufacturer of the medication taken by Claire during her pregnancy with *189 Joan and alleged, against that defendant, negligence, breach of warranty, strict liability in tort and false representation. Merck & Co. was charged also with essentially the same acts and theories on the assertion that it had licensed Premo to produce stilbestrol. Eleven other drug companies were joined as defendants, the allegation against them being that it was through their joint efforts that DES was placed on the market. Compensatory and punitive damages werethe sale of DES from Specific to Premo had been arranged by Greeff and that the drug was shipped directly from Specific to Premo, with Greeff never having physical control of the product.
Finding that the drug did not become dangerous until Premo obtained it, added to it other ingredients and packaged it for sale, the trial judge dismissed the complaint against Greeff.
This appeal from both judgments followed.
Before going into the issues raised on appeal, we believe a brief account of the history and development of the drug itself will be helpful.
DES is a synthetic estrogen which provides the same effects as a natural estrogenic substance. It was first produced by Professor E.C. Dodds and his associates at Middlesex Hospital in London. The drug was not patented by Professor