FDA Fails to Protect Americans from Dangerous Drugs and
Unsafe Foods
Agency Captured by Industries It Should Be Regulating
June 27, 2006
While the Food and Drug Administration (FDA) is in the self-congratulatory throes of its 100th anniversary, leading independent experts
on nutrition, food safety, and drug safety say the agency is failing to protect
Americans. While the beleaguered agency obediently rushes expensive new drug
therapies on the market, it does virtually nothing to help reduce the toll of
diet-related and drug-induced disease in America, according to Public Citizen’s Health Research Group and the Center for Science in the Public Interest (CSPI).
The FDA is scheduled to mark the 100th anniversary of the
passage of the 1906 Pure Food and Drug Act at a June 30 ceremony at the Harvey Wiley Federal Building in College
Park, MD. That building is named for the reform-minded U.S. Department of
Agriculture chemist who became the first director of the Bureau of Chemistry,
which later became the FDA.
“FDA was our country’s first consumer protection agency and
Americans have relied on FDA to ensure the safety of their food and drugs for
100 years,” said Representative Henry A. Waxman. “Under the
Bush Administration, FDA has undermined enforcement and betrayed its
consumer-first legacy. FDA must start enforcing the law and return to a culture
that places public health concerns ahead of industry profits.”
“The FDA’s centennial is not so much a time to celebrate,
but to mourn the FDA’s gradual descent into irrelevancy,” said CSPI executive
director Michael F. Jacobson. “The great Republican president Theodore
Roosevelt would be sick to his stomach if he could see how Harvey Wiley’s
hard-charging tiger of an agency became such a pliant pussycat.”
According to Public Citizen’s Health Research Group, some of
the problems and failures at the FDA include:
• User fees. The FDA’s increasing reliance on so-called user
fees from drug and medical device companies encourages the agency to treat
those companies more like fee-paying customers. Instead of being fully funded
by the government, FDA took in $380 million in user fees in the 2006 fiscal
year. Former FDA official Janet Woodcock stated that the law authorizing such
fees creates a “sweatshop mentality” at the agency’s Centers for Drug
Evaluation and Research.
• No Learning from Drug Mistakes. In testimony before
the Institute of Medicine, Public Citizen Health Research Group director Sidney
M. Wolfe, MD, cited 13 instances of drug approvals which either should not have
been approved (including Crestor, Rezulin, and others), or should have been
restricted (Accutane and others) or withdrawn (Baycol, Seldane, and others)
earlier than they were.
• Tobacco Failures. Five companies illegally market and
promote laser treatment for smoking cessation. Public Citizen last week
petitioned the FDA to crack down on those companies, since the FDA hasn’t
approved the device and there’s no evidence the treatment works. Consumers who
are convinced to pay up to $399 for laser treatment may be diverted from real
programs that work, such as nicotine gum or patches—thus fewer smokers will be
helped to quit. And, though it had essentially removed nicotine-containing
beverages from the market in 2002, those drinks have reappeared. Just this
month, NICLite, which the company breathlessly says is the “World’s only
Nicotine Replacement Drink!,” and that it is “classified as a Dietary
Supplement by the FDA,” began a marketing campaign. According to Wolfe, either
the company is lying about the status of these products or the FDA inexplicably
reversed itself and declared that they can legally be sold as dietary
supplements. Either way, it represents a failure of the FDA to enforce the law
of the land.
“The FDA’s 100th anniversary propaganda campaign hides and
denies the many ways the agency is engaging in an unprecedented assault on the
American public on behalf of its drug, device, food, and other industry
‘clients,’” said Wolfe.
CSPI says failures on the food side of the FDA
include:
• Obesity. Over the past three decades, rates of obesity
have doubled in young children and adults, and tripled in teenagers. In 2003,
then-Commissioner Mark B. McClellan declared FDA’s intention to “confront the
obesity epidemic ... to help consumers lead healthier lives through better
nutrition.” Three years later, according to CSPI, the agency has done
essentially nothing. Even with a food that’s a major contributor to
obesity—soda—FDA has declined to place health notices on cans and bottles,
require added sugars to be listed separately on labels, or to require
multi-serving containers to list the number of calories for the whole
container.
• Heart Disease. One of the most potent promoters of heart
disease is the trans fat in partially hydrogenated oil. Though after a 10-year
slog the FDA finally required trans fat to be listed on nutrition
labels—spurring some manufacturers to abandon the oil—the FDA has done nothing
to get restaurants to disclose or eliminate it. In 2004 CSPI petitioned the agency to ban partially
hydrogenated oil and, until such a ban, to require disclosure in restaurants, but the FDA
has not acted. The result: thousands of unnecessary premature deaths every
year.
• High Blood Pressure. Perhaps the single most harmful
substance in the food supply gets zero attention from the FDA—sodium chloride,
or salt. CSPI and the American Medical Association
want FDA to revoke the “Generally Regarded as Safe” status of salt and to treat
it as a food additive, subject to reasonable upper limits in packaged foods. In
2004, the head of the National Heart, Lung, and Blood Institute estimated that
cutting the sodium content of the food supply in half would save 150,000 lives
per year.
• Fraudulent Labels. Of 11,000 employees, the FDA tasks a
grand total of four people at headquarters to police food labels. Thus, supermarket
shelves are graced with carrot cake virtually without
carrots, fruitless “fruit snacks” made with high fructose corn syrup, “whole
wheat” products with a lot of white flour, and so on. CSPI says the
most significant FDA labeling initiative in recent years was an
industry-written initiative to let manufacturers place misleading “qualified
health claims” on food labels. FDA’s own research found that the program
confused consumers, but the program, championed by food companies, continues.
• Food Safety. Faced with the emergence of dangerous
chemicals (such as mercury or acrylamide) in food, the FDA takes years before
acting—and even then, its response is typically tepid. Faced with outbreaks of
bacterial pathogens in food, FDA is similarly nonresponsive: Salmonella in eggs
could be all but eliminated with finalized on-farm regulations to control the
hazard, but those have been delayed for years. Shellfish contaminated with deadly Vibrio vulnificus kill
20 or so people every summer, but FDA relies on an industry-funded partnership
with state governments to ensure shellfish safety.
“A scrappy nonprofit like CSPI, with one litigator on staff,
forced labeling changes from major companies like Tropicana, Frito-Lay, and Pinnacle Foods,” said Jacobson. “Yet when
we hand the FDA neatly wrapped complaints on a silver platter, it just ignores
them.”
• Industry Capture. The FDA often relies on advisory
committees made up of outside experts to offer science-based advice, particularly
on approvals of drugs and medical devices. But those panels often include—and
are sometimes dominated by—scientists or researchers who have direct financial
relationships with the companies whose products are under scrutiny. In recent
years, FDA advisory committees evaluating antihypertensives, various diabetes drugs, and the pediatric use of anti-depressants, have
all included industry-funded scientists. On one committee, 10 of 32 panelists
investigating the controversial painkillers known as COX-2 inhibitors, including
Vioxx, had ties to the makers of those drugs.
CSPI and Public Citizen acknowledge that the FDA has many
hard-working, diligent civil servants who need more resources to do their jobs
effectively. But both the Administration and Congress have hampered the agency:
the Administration, by leaving the agency rudderless and without a permanent
commissioner for roughly 70 percent of the Bush presidency; and Congress, by
abdicating much of its oversight responsibility, and by slashing the
headquarters staffing of the food side of the agency by 11 percent since 1978.
Much of the attention the Administration does pay to the
agency comes in the form of unwelcome political interference, the groups say.
The FDA’s failure to approve the over-the-counter use of the contraceptive Plan
B is one case where the agency has been accused of letting politics, rather
than science, rule the day. (Susan Wood, the assistant FDA commissioner for
women’s health, resigned over the matter, citing political interference from
then-Commissioner Lester Crawford). In April, an out-of-the-blue FDA
declaration that marijuana has no medical benefit seemed politically motivated,
since it contradicted the findings of a 1999 science panel that said it did.
“As we celebrate the 100th anniversary of this important
agency, there are too many instances in which it appears to be moving back to
the 19th century, when industry did whatever it wanted,” said Wolfe. “All too
often, the FDA seems to forget that it is a regulatory agency with legally mandated
responsibilities to protect the public.”
Food and Drug Administration (FDA)
Margaret A.
Hamburg is the commissioner for the U.S.
Food and Drug Administration (FDA), David
A. Hamburg’s daughter, and the VP for the Nuclear Threat Initiative (think tank).
Note: David A. Hamburg
is Margaret A. Hamburg’s father, an adviser
for the Nuclear Threat Initiative (think
tank), and the president emeritus for the Carnegie Corporation of New York.
Carnegie
Endowment for International Peace (think
tank) was a funder for the Nuclear
Threat Initiative (think tank).
Jessica Tuchman Mathews is a director at the Nuclear Threat Initiative (think tank),
was the president of the Carnegie Endowment for International Peace (think
tank), a director at the American Friends of Bilderberg (think
tank), an honorary trustee at the Brookings Institution (think tank),
and a 2008 Bilderberg conference participant (think tank).
Ed Griffin’s interview with
Norman Dodd in 1982
(The investigation into the
Carnegie Endowment for International Peace uncovered the plans for population
control by involving the United
States in war)
Foundation
to Promote Open Society was a funder for the Carnegie
Endowment for International Peace (think tank), the Brookings
Institution (think tank), and the Aspen Institute (think tank).
George Soros was the chairman for the Foundation
to Promote Open Society.
Donald
Kennedy was a trustee at the Carnegie Endowment for International Peace
(think tank), and a commissioner for the U.S. Food and Drug Administration (FDA).
Andrew Carnegie
was the founder of the Carnegie Endowment for International Peace (think
tank), and the founder of the Carnegie
Corporation of New York.
Carnegie
Corporation of New York was a funder for the Carnegie Endowment for
International Peace (think tank), and the Brookings Institution (think
tank).
Mark B. McClellan
was a senior fellow at the Brookings Institution (think tank), and a commissioner
for the U.S. Food and Drug
Administration (FDA).
Cyrus F.
Freidheim Jr. is an honorary trustee at the Brookings Institution (think tank), and a member of the Commercial Club of Chicago.
Newton
N. Minow is a member of the Commercial
Club of Chicago, an honorary trustee at the honorary trustee at the Carnegie Corporation of New York, and a
senior counsel at Sidley Austin LLP.
Barack
Obama was an intern at Sidley Austin
LLP.
R.
Eden Martin is counsel at Sidley
Austin LLP, and the president of the
Commercial Club of Chicago.
James S.
Crown is a member of the Commercial Club of Chicago, and a
trustee at the Aspen Institute (think tank).
Lester Crown
is a member of the Commercial Club of Chicago, and was a lifetime
trustee at the Aspen Institute (think tank).
Walter
Isaacson is the president & CEO for the Aspen Institute (think tank),
and was the chairman & CEO for CNN.
Ted
Turner is the founder of CNN,
and a co-chairman for the Nuclear Threat
Initiative (think tank).
David A. Hamburg
is an adviser for the Nuclear Threat
Initiative (think tank), Margaret A.
Hamburg’s father, and the president emeritus for the Carnegie Corporation of New York.
Margaret A.
Hamburg is David A. Hamburg’s daughter,
the VP for the Nuclear Threat Initiative
(think tank), and the commissioner for the U.S. Food and Drug Administration (FDA).
Carnegie
Endowment for International Peace (think
tank) was a funder for the Nuclear
Threat Initiative (think tank).
Donald
Kennedy was a trustee at the Carnegie Endowment for International Peace
(think tank), and a commissioner for the U.S. Food and Drug Administration (FDA).
Carnegie
Corporation of New York was a funder for the Carnegie Endowment for
International Peace (think tank), and the Brookings Institution (think
tank).
Mark B. McClellan
was a senior fellow at the Brookings Institution (think tank), and a commissioner
for the U.S. Food and Drug
Administration (FDA).
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