A related and very interesting story is this article[1] on Ranbaxy. Basically this company was corrupt and fraudulent from the top down. Falsifying data, copying competitor information as their own, etc. Or encouraging internationally traveling employees to privately import medicines to India for them. Or asking doctors on staff to write prescriptions for everyone in the office to boost sales figures.
The FDA applied light bans, only on individual manufacturing sites, allowing the company to continue to push out product from other sites. Including making a bunch of pills with glass fragments in it.
The FDA eventually fined them $500M, and the company has since been bought by Sun Pharma, the largest in India. Zero indication that the systemic corruption, fraud, poor quality, etc. have had real change.
A bit more happened, last year the FDA started making unannounced visits to their production plants in India. When I checked on this about a month ago, it appeared that every Ranbaxy plant in India had been shut down. This Google search will provide a lot of info, https://www.google.com/search?q=Ranbaxy+flies that's "flies" as in those disease spreading insects. One of the articles had a picture of a man unloading dung from a cart with a Ranbaxy plant in the not too distant background....
I pay attention to this because I take a lifesaving maintenance medicine that my medical plan currently sources from Sun :-(. Since that and another important drug I take went generic over the last few years, my doctor has been very happy with my reporting that to me, they seem to be bioequivalent. He's in a field when generics of one class of drugs, the anti-convulsants, are notorious for not being easily substituteble with brand name.
Ah, a bit more on that fabulous Fortune article: their First World drug mules were being asked to deliver First World brand name manufactured drugs so that Ranbaxy could falsify equivalence tests. One US executive left the company after the 2nd "wow, these guys are so good their data matches the brand names's point to point" "coincidence".
When I checked on this about a month ago, it appeared that every Ranbaxy plant in India had been shut down.
I'm not sure if they are shutdown, but the FDA has banned imports into the US from everyone of the Ranbaxy plants. Sun Pharma is in a bad situation with this since they can't sell into the US market from their new acquisition.
Initially they of course didn't shut down, that's not in Ranbaxy's DNA, but other parts of the world were none too pleased with the horrendous details of the FDA inspections, and that forced the shutdown of every one of their Indian plants at their 4 major locations.
As for Sun, who knows? In 2008 Ranbaxy managed to pawn off 64% of the company to Japan's Daiichi-Sankyo for $7 billion. Sun bought that stake in 2014 for $4 billion ... in Sun shares, i.e. a firesale price, at least compared to the original. And Ranbaxy has lots of plants outside India which to my knowledge and recent research can still ship to the US.
Although I'm not sure how many of those actually synthesize the raw stuff as these Indian plants did, then again Sun is probably best off with them shut down; that they didn't proactively deal with the Ranbaxy's cancer ... well, you can see why I'm nervous about that drug I'm taking.
Wow, that's fantastic and unexpected news. Is the FDA doing surprise inspections all over? Like, Sun buying them, then letting things stay bad, pretty much indicates they rather complicit. Or is it thought they wanted a "dirty" division to try tricks in, while keeping an otherwise clean company?
Thank you for your inspirational efforts to take control of the quality of your medication. Patients need to empower themselves to become experts in their condition and treatment.
Importantly, in the meantime the original promoters Shivinder Singh and Malvinder Singh quickly sold the company to Daiichi Sankyo to wash their hands off the mess that they had created.
Sort of, that sale was back in 2008 and they retained a 36% stake (see my other recent comment for the sale to Sun Pharma). But they of course knew their company was a fraud, as the Fortune article makes clear.
Let me put in a word for Indian English: the usage of "promoters" for that class of businessmen is perfect.
In healthcare, there are many skeletons in the closet - and many closets.
This FDA story is sad, but not surprising. The article seems to suggest the European equivalent (the EMA) is way better. Maybe it did behave better on this case, but as a rule of thumb, I strongly doubt it is much better.
The only advantage Europe has is how it works: if you want to bring a drug to the market, you either have it to get it accepted in one member state (then you can sell it everywhere) or go to the EMA. That's moderate competition. It may works slightly better, but it's still limited by the number of countries and regulatory agencies.
The only conclusion we should make from such stories is that there should be no public bodies susceptible to regulatory capture, but various independent organizations doing that.
See that as adding redundancy - if one was found to cheat and lie, it wouldn't be too big to fail, and a competitor would be glad to update its rating on say the 40 generics whose bioequivalence ratings are based on cooked data. That's a bit like how I trust Michelin guides more than any government evaluation of restaurants.
EDIT: I noticed a comment about financial ratings agencies. You realize there are only 3 big ones (Moody's, S&P, Finch) and that they have very strong ties to some governments, right? I predict they give you more quality that the FDA (because it's a legal monopoly), but less than what more competition could bring.
Regulatory capture is pretty much inevitable. In almost any field, the skills needed for government regulators to evaluate claims are interchangeable with the skills needed to work in the field.
The only thing that will help is strong whistleblower protections, to allow the ethical members of a profession to call bullshit without fear of repercussion. (This won't work in banking, for obvious reasons :P )
How about the Singapore model? Pay government bureaucrats huge salaries and pensions so they don't have to structure their career around getting a private sector cash out after they retire from regulating.
Perhaps this proposed drug testing regime would be more comparable to auditing firms.[1] Arthur Andersen went under after it lost credibility in the eyes of shareholders, as a result of the Enron scandal. On the other hand, from everything I have read the ratings agencies were simply 'going through the motions', and cashing in on their government mandated service. No large investors trusted the ratings agency to begin with, the investors were all gaming the system, and the agencies were playing along to get a piece of the action.[2]
US raiting agency's are setup to be corrupt as the seller pays the raiting agency so there going to look for the loosest respectable option. And the agency has little incentive to dig deep.
Setup by the SEC. The incentives are structured, by the government, in the most ridiculous way possible. Pointing at the failure of government mandated and monitored rating agencies as a failure in private enterprise is just stupid.
I think it's more nuanced than that. Private companies optimize for money, with the right incentives they work well, with poor incentives they become a pointless money sink.
All too often you see the equivalent of “though the magic of the invisibly hand we will solve X.” But, without the proper incentives simply privatizing or reducing regulations are going to do little but line someone’s pockets.
> But, without the proper incentives simply privatizing or reducing regulations are going to do little but line someone’s pockets.
Well, that is true every system - including functions of government. It has nothing to do with privatization vs nationalization. The government mandates that certain financial instruments must be rated by a short list of companies that have been blessed to do so. So the government has limited competition among rating agencies, a laughable mistake in judgement. Then these companies only get paid by the folks trying to sell the instrument under review... another stupid move.
Many government programs, presumably setup with the best intentions, have serious negative consequences because the moron behind it didn't think more than one step ahead. This happens in private industry as well, the difference being that there the market corrects for mistakes by mercilessly crushing fools. In government the fools live on, and their plans are slow to change because it is now law.
'the moron behind it didn't think more than one step ahead'
I think many and possibly most of these are based on regulatory capture where elected officials / regulators are ‘given incentives’ to look the other way.
Lots of seemingly stupid decisions are completely reasonable from the person who made them. All it takes is for someone to be judged just on their little piece of what happens (how much do we spend on paper) and not judged based on how much their changes hurt the corporation/overall economy etc. And before you know it, we saved 1million in ink last year at the cost of 50 million in manpower.
> Lots of seemingly stupid decisions are completely reasonable from the person who made them.
Lol, good intentions are worth absolutely nothing. Your misallocation of resources story isn't really helpful either, if you think the SEC made a great move in structuring financial instrument ratings - explain it.
Except the major drugs are brought to both markets usually and largely made by multinationals. Many drugs get approval in Europe first before they are tested in the US.
Medical devices are not drugs. They do not follow the same regulations. And in Europe the medical device registration can be very fast depending on the type of medical device (they have standard classifications for fast review, and some are self-certification type of registration).
You should never make a parallel between medical devices and drugs because those are just two very different markets. And unless you have a better source for your first point, I stand by my position that the US gets most of the approval first, worldwide. And most of the large pharma industries are American.
How much of this could be solved by replication? Some sort of rule where we say, formally, not to take any study seriously unless it's been replicated?
On the one hand, it's very bad that the FDA has covered this up. But on the other hand, there was science before the FDA. I may be interpreting the article wrong, but it seems as though the FDA is merely failing to prevent bad science.
Presumably, journals that cited these experiments didn't replicate that and knew they weren't replicated. Is science too complex and expensive to replicate these days? If so, is it even still science?
(Those are actual questions, not rhetorical ones. I don't know the answers here).
Edit: For some reason, at present my comment seems to be the top comment. I don't want to detract from the story itself. The actual issues at the FDA raised by the article deserve discussion.
The validity of scientific knowledge does not depend on replication, it depends on confirmation and agreement.
Merely repeating the original experiment might simply repeat the design errors of the original experiment. For example what if I drop a feather a bunch of times and find a value for g (gravitational acceleration) of 3.4 m/s^2? If you drop a similar feather you'll probably get a similar value, but that doesn't make it right.
The real question is not replication, it's whether I've found an accurate value for g. In that respect, science is better advanced if you attempt to confirm this value by designing your own experiment to test it, by dropping something else (a rock, maybe) instead of a feather.
We're well beside the original point of this thread now, but the focus on replication is a bit of a pet peeve of mine.
Clinical trials are very expensive to run. The only people financially interested in running them are the pharmaceutical companies trying to make new products available.
Replication is hard enough to achieve in hard sciences where replicating a study might cost tens of thousands of dollars. Finding the money to replicate or refute a clinical trial for millions of dollars is very difficult.
@Scaevolus so very true. I use to work in this field. I was the IT director for a small pharmaceutical company that produced prescription creams and ointments and worked with a nearby university to work on new drugs.
My role was to develop the custom software that ran on laptops we gave to hospitals involved in the clinical trial. In the drug manufacturing world, anytime computer software is used in a clinical trial or in the tracking of drug production, you have to have the software validated.
Software validation is basically a process by which you hire an outside company to go over what your software does. Similar to an ISO certification. The folks & companies you hire are very clueless... They know enough buzz words to ask good questions but they often over look things.
Anyway, long story short, the whole process of just collecting data is riddled with security problems. None of this, as far as I know, is exposed to the public either. So if buggy software is, somehow, corrupting test results, there is not feedback loop to correct or discard the data. Companies like the one I worked for at the time, would throw out the data as a policy and start over. Hence, very expensive situation and very crucial to make sure your systems do the right thing the first time.
This was in the late 90s and in one situation I was in charge of some software that we were developing that was expected run past Y2K. Back then there was a lot of hoopla about the Y2K century roll over and what it would do to computer systems.
The company we hired validated our software for Y2K use cases but they often over looked basic things like data encryption, plain text storage of user passwords, etc...
I imagine the validation companies have gotten better over the years but in the end I learned that software validation is nothing more than a big CYA tactic. It's a paper trail to try and claim we did our due diligence if the shit were to hit the fan.
I'm also in the medical device industry, though we don't farm our V&V work out. The bugs are supposed to be caught in the verification phase; validation is all about making sure that the software is functioning correctly from a user perspective? Are you just conflating the terms here for the sake of simplicity?
Also, I don't think people do pure replications. People generally do replication with a twist, which is essentially a new branched experiment. Rather than confirm one specific part of a theory more than once, it's better to confirm various wings or implications of a theory.
If all the steps are made available in the paper to reproduce the experiment I would consider it science. Just because people don't replicate the study because of other factors like time or money shouldn't take away from the first experiment.
Well, technically they are replicating the study over 50+ different hospitals until they reach some confidence interval on the safety data. If you get fraud in a small fraction of them, it should not (and if you read the actual testimony, does not) impact the net result.
If you need 50 experiments to actually show that the effect exists, then even a small fraction of fraudulent experiments can heavily skew the result when looking at confidence intervals.
Think of selfhealing as a coin toss with 50/50 chance and a medication increasing this chance:
a) Medication increases healing chances to 80% -> Only few experiments needed.
b) Medication increases healing chances to 55% -> Many experiments needed to prove that the effect exists.
c) Medication is not effective but 5% fraud is introduced so that data shows 55% healing chances -> The same as in b) but with only "a little" fraud involoved.
A major flaw I see in most medications studies is that the market prices for the experimental drug or placebo are not included in the study.
My hypothesis is that a placebo described as costing $1000 per dose will produce a greater effect than a placebo described as costing $10 per dose, even if the patients are not asked to pay that cost.
Could it be that those drugs that barely outperform a gratis placebo are only producing that effect because the act of charging more for them makes them better placebos?
If that's the case, the fraud would only be needed to eliminate evidence of harm to get approval for a bogus remedy. All the effectiveness would come from magnified placebo effect.
This is an area where some kind of crowd-sourcing seems like it ought to work. The facts on side effects and morality exist once a drug is out in the wild, but we don't have any way of collecting it, curating it, or analyzing it.
Yet odds are that most of the people taking it (for any value of "it") have smartphones and could be prospectively matched with people not taking it (I'm an enemy of case-control studies for lots of reasons, but this may be an area where a well-designed one would work.)
Two positive trials, but if there are additional negative trials those can be ignored. There is no requirement to combine all available trials in a meta-analysis. Very easy for the pharm company to come up with some excuse to throw away "bad" data.
I don't disagree, but I also don't think it's a bad thing. Most of the time the multiple failed trials occur in diseases where our current tools for measuring effect suck (CNS drugs). The FDA acknowledges this. Keep in mind that drug companies must submit all clinical trial data to the FDA (including all of the failures). It's not like the drug companies are pulling a fast one on the FDA. The FDA is looking at the totality of the evidence and making a call.
Statins are the most widely prescribed drug on earth. The drug company's report that myopathy occurs in 1% of the population. Field reports show that number is around 20%. One in five people statin intolerant due to muscle disorders. Its common knowledge these drugs can cause serious muscle problems, yet most doctors are unaware.
http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3463373/
"It is impossible to discern the true incidence of mild muscle complaints because these problems typically are not examined in pharmaceutical sponsored trials and because of study design. In HPS, for example, subjects were not randomized to simvastatin or placebo until they had successfully tolerated simvastatin 40 mg for a 5 week introductory period (17), and most trials report muscle symptoms only when CK values exceeded 10 times upper limits of normal."
Out of curiosity, given that you've said in your previous comments that you believe medical questions are best answered with 'science-based medicine', which is a philosophy that explicitly rejects evidence-based medicine: do you believe that the FDA covering up scientific fraud is bad, or do you agree with the FDA's argument that it's justified?
Also, do you still believe that "It's an exaggeration (contradicted by thoughtful comments by drug industry researchers who have already posted replies in this thread) to say that the enterprises that develop new drugs for prescribed medical treatment are corrupt in general [...]."?
Question (not being sarcastic): what's the difference between 'science-based medicine' and 'evidence-based medicine'? I did a quick Wikipedia search, but the former just redirects to the latter.
Science Based Medicine is a movement to improve Evidence Based Medicine with a stronger focus on scientifically rigorous evidence. It's not in opposition to EBM.
To quote the SBM blog's about page:
"Good science is the best and only way to determine which treatments and products are truly safe and effective. That idea is already formalized in a movement known as evidence-based medicine (EBM). EBM is a vital and positive influence on the practice of medicine, but it has limitations and problems in practice: it often overemphasizes the value of evidence from clinical trials alone, with some unintended consequences, such as taxpayer dollars spent on “more research” of questionable value. The idea of SBM is not to compete with EBM, but a call to enhance it with a broader view: to answer the question “what works?” we must give more importance to our cumulative scientific knowledge from all relevant disciplines."
EBM can only be the first step. The goal has to be a thourough understanding of the domain so that testing a specific case is no longer necessary. This is something that many proponents of EBM do not seem to understand.
You do not test basic physical laws, you just look them up.
I think the real question most people want to know the answer to is: Is one of them a front for homeopathy, anti-vaccinations and/or Scientology, or are they both mostly imperceptibly different degrees of serious research?
Downvoters: Please explain. I have no idea about what any of SBM or EBM is, and I hadn’t even heard about any of them before now. This is genuinely what I what to know when I encounter the terms.
EBM is meant to be serious science, but there's been a real effort to co-opt it for quackery. SBM is an attempt to inject science back into it. The difference comes down to how they treat evidence.
For example, homeopathy states that a remedy becomes stronger the more dilute it becomes - i.e. the lower the dose, the stronger the effect. This defies the dose-response relationship between an active ingredient and its effect. Further, it states that even when no more of the active ingredient remains, it can still have an effect.
SBM would say homeopathy isn't worth studying because it has no plausibility based on what we know of medicine and physics.
EBM would say let's test it and see what we get.
The problem is that if you test the same thing enough times, or measure enough variables, and then discard the ones that don't meet your desired outcome, you can gather "evidence" for basically anything.
SBM would say weak evidence for a claim like homeopathy is meaningless, as the claim is extraordinary (it overturns physics), so you need stronger evidence than you might accept for a less exceptional claim. EBM doesn't make that judgment, it treats all evidence as equally valid.
sure, but if researchers can cherry pick the data and studies, they just have to avoid those quality double blind studies. all of a sudden, their meta analysis of # studies shows significance!
One definite data point I can illustrate, through personal experience.
There is a treatment for trauma (PTSD etc.) called EMDR (Eye Movement Desensitization and Reprocessing) which has over 20 years of statistical evidence backing up it's efficacy. To date, no-one really knows how it works (there are a few good theories, and hopefully modern neuroscience can help here).
Currently, it's "EBM". There is a huge amount of evidence to show it works, but no proven theory as to why.
It's not "SBM" yet, as there still isn't a demonstrable mechanism or theory that describes why it works.
homeopathy, antivaxers and scientoligists don't even have any evidence to show they work. They don't even count as "EBM".
EBM involves using science to determine the safety and efficacy of any given treatment. Oftentimes multiple studies are combined using metaanalysis, an approach that has both strengths and weaknesses.
SBM, despite the name, believes that using science to study medical treatments is often a waste of money regardless of whether a treatment is very effective or completely ineffective; their claim is that there will always be some studies that say the treatment works and other studies that say the treatment doesn't work, and spending more money will just yield more unreliable data. They therefore believe that the bulk of scientific resources should be dedicated to research reinforces society's prior beliefs, and that research on the efficacy of any given drug should be weighted based on society's prior beliefs. You can read more about this philosophy here:
If it seems somewhat muddled and handwavy as to how exactly prior beliefs and evidence should be weighted, well, this is why I personally think of SBM as the 'white person stamp of approval' approach to medicine. But certainly they have a point that a lot of medical research is complete crap.
Not knowing anything about the praxis of SBM, I presume that "prior beliefs and evidence" would be in the nature of noticing that people once used aspen bark tea to treat pain and fever, then determining through a series of experiments the exact molecule or group of molecules that produced the effect. At the end of the experiments, you determine that acetylsalicylic acid, ingested orally, is an effective remedy for pain and fever, with side effects stomach irritation etc.
I also presume that there is a more important aspect. If society believes that homeopathy works and that vaccines cause autism, that would be good cause to conduct very rigorous, credible (and above all media-friendly) experiments testing those beliefs.
If society believes that eating too many eggs is bad for you, test it. If we believe drinking red wine is good for you, test it. If we believe reptilian aliens are using sodium fluoride in the water supply as an adjuvant for their mind control rays, test it.
I presume, without knowing, that this particular aspect of SBM is very much about countering all the junk science hucksters stowing away on the gravy train, just because no one bothers to grab their freeloading asses and throw them off. So when Dr. Selschupplementsondeside (who may or may not be inspired by an actual person) touts a miracle cure on his cable television show, you put that on your list for potential testing and start tracking the hype versus scientific credibility ratio. If too many people start believing without knowing, you need some experimental results.
We can't test everything, so focus on testing the unanswered questions. Test the home remedies and traditional cures. Debunk the junk science.
> Is the racism necessarily part of it? Or do you feel like white people are deserving of any indirect scorn you wish to heap on them?
I mean a large part of medical research is basically appropriating plant medicine from indigenous cultures and then sending people to prison for using the same medicine in plant form. So yes, racism does play a large part in the medical system.
To clarify: I'm not calling for less regulation from the FDA. Far from it. Rather, I'm pointing out that in the follow instance where more regulation is being called for, a major influence is again Big Pharma and the motivation is, to my eyes and reading, not primarily consumer protection.
----
There is also the other "half" of this FDA saga. "Supplements" and herbal treatments are a mixed bag, and there are fraudulent manufacturers and suppliers in this market as well. However, there are repeated pushes to get the FDA to more or less outlaw all of them and/or to regulate this marketplace out of existence.
I'm someone who, along with more than a bit of grief from pharmaceutical industry products, has actually found some significant results in the "natural" marketplace. I've had to be careful, and I've had to find manufacturers who actually deliver what they say. But the idea of one of these knee jerk, "ban 'em all" reactions taking these items away from me, scares me in no small measure.
The FDA appears no longer to be an effective regulator; it has become ever more an economic and political tool of the most moneyed private interests. (Where a focused Big Pharma far outweighs the broader field of smaller supplement providers, for example.)
To be somewhat repetitive, I don't want to discount the significant problems with the "supplements" marketplace. But I have been able to achieve results with it that I have not found in the pharmaceutical marketplace. I am unwilling to cede this territory to the pharmaceutical companies, as they seek to have it shut down -- for their own economic self-interest, rather than the public interest.
I am in a similar situation, using a product which the FDA has declared unfit for human consumption based on anecdote. The FDA has stolen my mail a few times, despite the substance not being controlled or otherwise illegal. The FDA has a really bizarre set of priorities, and "protecting consumers" is somewhere either at the bottom or just not even on the list at all.
I think we have to face that the FDA is incompetent and corrupt. Getting a drug approved is more dependent on how much money you want to spend than on whether it works. Some drugs that may be effective are delayed for years and years ( http://well.blogs.nytimes.com/2015/02/05/for-a-l-s-patients-... ) while other drugs that don't work are approved as being effective.
The oped piece you cited does not support your assertion that the "FDA is incompetent and corrupt". They may be, but that is a pretty hefty accusation and requires more evidence.
Nor, honestly, does it support the "getting a drug approved is more dependent on how much money you want to spend than on whether it works" claim, or the "some drugs that may be effective are delayed for years and years".
Developing a drug is an incredibly complex operation. The FDA requires evidence that a drug will not kill people before it will approve it, which means that most drugs need to be tested in thousands of people. That requires outsourcing clinical trials to hospitals, which are then paid per patient to take on the extra work.
The original link cites corruption at the hospital level, which does seem like the weakest link in the system. The hospitals/doctors get paid based on getting patients through the trial protocol, or at least saying they did. Much of the cost born by pharmaceutical companies is actually auditing this process, to make sure it happens correctly.
Just yelling about the FDA will not change the corruption practices of a hospital in China.
> The original link cites corruption at the hospital level, which does seem like the weakest link in the system.
If corruption stopped at the hospital there, then this wouldn't happen at the FDA:
> As David Ross, the FDA official in charge of reviewing Ketek’s safety, put it, “In January 2003, over reviewers’ protests, FDA managers hid the evidence of fraud and misconduct from the advisory committee, which was fooled into voting for approval.”
Corruption goes beyond the hospital level and it extends into the FDA itself.
> As part of the new drug application process, or, more rarely, when the agency gets a tipoff of wrongdoing, the FDA sends a bunch of inspectors out to clinical sites to make sure that everything is done by the book. When there are problems, the FDA generates a lot of paperwork—what are called form 483s, Establishment Inspection Reports, and in the worst cases, what are known as Warning Letters. If you manage to get your hands on these documents, you’ll see that, most of the time, key portions are redacted: information that describes what drug the researcher was studying, the name of the study, and precisely how the misconduct affected the quality of the data are all blacked out. These redactions make it all but impossible to figure out which study is tainted.
"FDA managers hid the evidence of fraud and misconduct from the advisory committee, which was fooled into voting for approval"
-> Yes, that sounds super sketchy. The actual testimony doesn't, though it's one sided (below).
The redactions are not surprising to me. The FDA is a regulatory agency that deals with very sensitive and confidential information. They are not a criminal agency, and this isn't some district attorney asking for the information.
The testimony:
"""
After considering the fact that the investigation results
were preliminary and we had not received formal recommendations
about how to take the results into account in review of the
application, and the fact that only in very rare cases do
inspection results from individual sites lead to the exclusion
of an entire large clinical trial, FDA decided to hold the
Advisory Committee meeting as planned. The Agency made this
decision, knowing that any advice from the Committee would have
to be later taken into account in the context of additional
information about the integrity of data from Study 3014. It is
not unusual for more information to come to FDA for review
after an Advisory Committee meeting is held about an
application. The Advisory Committee voted that the safety and
efficacy of the requested indications had been demonstrated,
based on the information it was provided, including Study 3014,
and limited international post-marketing data provided at the
meeting.
Although the Advisory Committee recommended approval, on
January 23, 2003, (two weeks after the Advisory Committee
meeting) FDA issued another approvable letter to the sponsor
because of the remaining questions about the safety of Ketek.
The letter specifically noted the unresolved data integrity
issues associated with Study 3014 (issues confirmed in the
final clinical inspection summary of the Agency's audits of the
first three clinical trial sites) and the incomplete post-
marketing safety data from foreign countries. FDA noted that
the final decision regarding approval of each indication would
be made after a review of the information and analyses
requested in this letter.
On March 3, 2003, during a closed session of the Advisory
Committee convened to discuss other matters, FDA briefly
explained that an approvable letter was issued because the
Agency wanted to see more information about data from Europe
and Latin America. With regard to Study 3014, FDA explained
that there were unresolved inspectional issues.
Third Cycle. The sponsor submitted a complete response to
the approvable letter in October 2003. The October 2003
submission addressed issues of Study 3014 and included post-
marketing reports for spontaneous adverse events for
approximately four million prescriptions for patients in other
countries where Ketek had already been approved. Upon
completing the review of the sponsor's October submission,
including the findings from the additional audits of clinical
trial sites summarized in a March 2004 memorandum from the
Division of Scientific Investigations, the Agency decided that
it could not rely on Study 3014 to support approval of Ketek
because of the systemic failure of the sponsor's monitoring of
the clinical trial to detect clearly existing data integrity
problems. Accordingly, Study 3014 was dropped for consideration
in making the decision whether to approve Ketek. The Agency
considered data from other clinical trials and the
international post-marketing experience to conclude there was
adequate evidence of safety.
"""
> The redactions are not surprising to me. The FDA is a regulatory agency that deals with very sensitive and confidential information. They are not a criminal agency, and this isn't some district attorney asking for the information.
Yes the FDA is a regulatory agency. In my mind, it's similar to the IRS, SEC, or FBI. It ensures that specific people and organizations are complying with rules and regulations; in other words they enforce the law. Also I'm not sure how the agency has to hide whole bogus studies to protect confidential information. It's not like they can't redact sensitive portions (things like drug names and misconduct don't count) of it instead of just hiding the whole thing. Am I wrong?
Maybe... Technically it's not their study, it's the study of the company running the trial. That isn't public information.
Now, one could argue that all clinical and pre-clinical data used for the drug approval process should be public information. That is a very complicated argument (and I actually come down on the "public" side, but it would take a long time to explain).
And this article doesn't even cover 95% of the problems with the FDA, many of which are as bad or worse. But on this topic, here is a good example that the article missed:
Basically the FDA ordered pharma companies bury the research showing that antidepressants were ineffective in children and could lead to suicide, because they were worried that parents would stop spending money on them.
The FDA's actions in this case are understandable. Proving that CNS drugs work is a huge pain in the ass and the FDA knows this. There is a huge placebo effect (that is interestingly increasing over time) and the our tools to measure depression frankly suck (too subjective). Yes, a number of antidepressant trials failed to show efficacy. However, a few of the trials did show improvement. The FDA decided that allowing patients access to a potentially helpful therapy (antidepressants do help some patients) is better than just pulling the product off the market.
As for the suicide risk, again, there is data to suggest that antidepressants can increase the risk of suicide. However, that data isn't cut and dry. Over the last few years the FDA has actually loosened it's warning since the data is in question. Note that the FDA required all of these drugs to have a black box warning stating the risk of suicide (the most strict warning any drug can have).
Producing and testing drugs does not result in a binary outcome (drug good/drug bad). What the FDA does is look at the risk/benefit and makes a decision on that. Frankly I think they do a pretty good job at it.
> The FDA decided that allowing patients access to a potentially helpful therapy (antidepressants do help some patients) is better than just pulling the product off the market.
I'm all for allowing patents to access unproven medicines, but why should the companies be allowed to run billion dollar marketing campaigns saying that they work?
Most likely self-experimenting and community based "trials" are gonna be much more prevalent in the coming years, due to bio hacking opening up. Gonna be even trickier to regulate and navigate.
Oh really ? Is that Science, in a non-controlled environment, no supervision of health care professionals ? I doubt anything like that is going to happen any time soon. Plus, the public does not have access to the synthesis or new materials, and I doubt that people would actually inject themselves with drugs that have never been tested on animals in the first place.
> Oh really ? Is that Science, in a non-controlled environment, no supervision of health care professionals ? I doubt anything like that is going to happen any time soon.
You might've misread me as condoning this, not at all, but I think it's inevitably gonna happen and in fact already is, if you dig around a little bit (all kinds of life extension forums out there, not to mention the current nootropics trends). You don't have to agree with or like things to see them coming you know.
> Plus, the public does not have access to the synthesis or new materials
You wouldn't believe how much is possible to do in a home lab and dna/rna based techniques are becoming more and more accessible as well.
> You wouldn't believe how much is possible to do in a home lab and dna/rna based techniques are becoming more and more accessible as well.
Sure, but combine the lack of such equipment for most people with the fact that your experiments will have small n size (because of lack of pilot plant scale to do proper large batches of drugs) and the significance of the home trial drops to nil.
You're missing the big trend. In addition to the availability of DIY hardware and more ways for patients to find each other and communicate, other developed or developing countries are approving treatments before the FDA. The size of the US market still holds back medical research, but at some point in this century, the size of the "early adopter" markets with sufficient buying power will be big enough that it won't matter.
Signed, one American Type 1 diabetic who is tired of the FDA letting us die by keeping the best tools out of our hands.
P.S. If an analogy helps you, think about how music piracy ended up giving us Spotify, and how it had to come from Europe to break into the US market, and how it blocked Americans to avoid getting shut down in its early days. Or, think about how Jobs essentially tricked the labels into allowing iTunes. The traditional record label publishing model is analogous to the FDA's drug trial model. The FDA can make any number of arguments about how their method is more rigorous and beneficial, but at some point, newer methods of getting similar results are coming along, and at some point after that, those methods will be backed by a power with the resources and inclination to bring the benefits of rigor to the new methods without resorting to the old methods.
That's a good solution. I'm getting a Dexcom pretty soon (relatively recently diagnosed.) It's a bit depressing to compare the speed of the Dexcom hacker community to the speed of Dexcom's FDA-approved software releases, but at least we aren't still stuck with Medtronic.
> P.S. If an analogy helps you, think about how music piracy ended up giving us Spotify, and how it had to come from Europe to break into the US market, and how it blocked Americans to avoid getting shut down in its early days.
I don't think you understand that if 20,000 diabetics die because they are banned from effective treatment, DIY treatments save 5,000 of them, and 500 of those 5,000 have a negative effect, then it is a big improvement in overall national health, even though a 10% failure rate is horrifying.
The article you linked about one drug in West Germany does not take into account the overall benefit to health of learning that information and allowing more beneficial drugs to also enter the market quickly.
You could quibble about the numbers but it's important to understand the principle before doing so.
Both honestly and sadly, I think nobody is actually legitimately surprised by this. The pharmaceutical industry is a profit machine that will do anything to ensure that it remains profitable.
If anyone hasn't seen John Oliver's latest video, it's on the whole marketing to doctors thing and touches upon the pharmaceutical industry and I highly recommend watching it: https://www.youtube.com/watch?v=YQZ2UeOTO3I - he sums it up perfectly.
The pharmaceutical industry is a profit machine that will do anything to ensure that it remains profitable.
But this isn't about the pharmaceutical industry, it's about the FDA. The FDA is clearly catching these companies doing wrong, so why are they covering it up?
And if you think the FDA and the pharmaceutical industry are in bed with each other, I would have to disagree (coming from the industry). The company I used to work for would never mess with the FDA since you could be shutdown in an instant.
To be honest, I think a lot of the FDA failings come from a lack of resources. Most of the drugs people take in the US and EU are made in places like India and China. The FDA is just starting to think about inspecting those plants. They just don't have enough inspectors to make sure each and every manufacturer is doing things by the book.
"The FDA is just starting to think about inspecting those plants."
Fortunately it's a lot better than that. They have been inspecting them for a long time, but infrequently and preannounced, and even then caught some in the act. After the gross, top to bottom fraud of Ranbaxy, they started doing unannounced visits, which has resulted in every one of their plants in India being shut down: https://news.ycombinator.com/item?id=9043423
Your are correct. My statement was an exaggeration. The FDA has been inspecting foreign plants, but from what I've read they only have enough inspectors to inspect any given plant maybe once every few years. Certainly not ideal. The FDA is looking to ramp up hiring so that they can get much better coverage.
> But this isn't about the pharmaceutical industry, it's about the FDA. The FDA is clearly catching these companies doing wrong, so why are they covering it up?
I think the point here is that it's pretty obvious that when people start beating up on "industry" they're basically calling for "more" regulation, but we have the regulation, the authority, the ability to assess penalties, everything you could possibly already want with "regulation". What's being done is already illegal and already being detected by an authority with the power to do something.
So the usual handwavy appeal to "regulation" that is so common I'm comfortable implicitly reading it into the above criticism despite it not explicitly containing it is not enough.
I'm generally libertarian, but behind that libertarianism is not the belief that the government "can't do anything", but more the observation that a lot of people go through the following process:
1. Identify a problem. Maybe. (Accuracy is optional at this stage.)
2. Claim we need "regulation". No details given.
3. Case closed!
and a great deal of my libertarianism doesn't come from "faith in markets", but the fact that it's not that easy. You can't just assume into existence massive regulatory regimes, with significant costs and oversight issues, and then just assume that the problem is solved without evidence, precisely because of stories like this and things like "regulatory capture". It's explicitly not that I have a magical solution (and if you feel inclined to reply, please read that three times first), it's that I believe the problems we face are way harder than airy handwaves about "regulation", case closed, problem solved, why can't people just understand that regulation will just solve everything and let's politically attack anyone who says otherwise.
Nope, it's a hard problem. It's a lot of hard problems, and people who just attack industry and handwave haven't even properly engaged with the problems, let alone solved anything. The fact that there is such widespread belief in the airy handwaves of "regulation" is itself a primary cause of things like this sort of dysfunction... it becomes a political attack to claim that the regulation has a problem because of course it's working, how can it not? It is literally inconceivable, and to emphasize, I mean, literally not expressible in the relevant neurons in people's brains. People treat it as an atomic entity that can not be further investigated, rather than as a complicated mechanism in a complicated system that requires systemic analysis, and the resulting possibility that on occasion, yes, the regulatory agents will be broken.
(From a positive perspective, my libertarianism comes from the observation that markets are freaking powerful and regulatory regimes, since they are created by people whose thinking is biased into an "us vs. markets" modality rather than the aforementioned "systemic analysis" often screw up, either by missing chances to harness the power of the market, or by fighting them in ineffective or inefficient (in the usual sense of the term, not EMH) ways. This blindness results in regulatory regimes that start from day one by first dropping their most powerful tool on the ground. Unsurprisingly, this often results in less effective regulation. We need regulation because not even I want to live in a raw market-dominated world, but nobody wins when it's done stupidly because of preconceived moralistic notions about markets, which are in many ways best conceived of and treated as natural forces rather than demonic embodiments of pure evil or something equally silly, and thus something best harnessed properly, not fought and pilloried. In this case, I'd suggest that a more market-comprehending regulatory regime would understand that transparency and openness are key to properly keeping the system functioning properly, and that the top priority the first time they received any information like this should have been getting word out to people. But, that's not part of how they think, because the idea that this could have been nipped in the bud much earlier by harnessing the power of information flows in a market simply isn't in their DNA. In all likelihood they wouldn't hardly have needed to do much of anything else, but instead the inevitable logic of a market-fearing regulator, through several steps I'm not explaining, leads to this sort of coverup with distressing frequency.)
Talk about this kind of journalism out of context (why you don’t trust a particular study, for instance) and you’ll be called a quack or conspiracy theorist.
To be honest I can't think of many industries which place public health scientific merit at their top priorities either. You could say the same thing about the food and beverages industries, and Soylent too if you care about mentioning stuff that makes HN tick often.
Of course - but the food and beverage industry can't serve you amphetamine-salts in your coke (well not anymore) just because it's profitable.
I don't know what soylent is (beyond just searching it in google). Wikipedia says:
Soylent is a nutritional drink, intended to cover all human nutritional requirements for an adult so that it may serve as main or sole food
There should be a very obvious test for this right? I think a large-scale controlled study would likely show negative effects compared to a randomly sampled population consuming the nutritional equivalent in natural products.
This is actually part of the problem - you'll never read about such a study. Why? Because there is no profit incentive for anyone to finance a large-scale study that proves soylent or hypothetical product X to be useless or harmful.
If soylent (or company X) finances a study of their product and the results are contrary to their expectations (assuming the researches are honest and do not engage in fraud) - they can simply shelve that material - and if eventually study i++ is successful they can publish that (without ever referencing any number of past unpublished studies).
The FDA is wasting my money and yours (if you are a US citizen), in a way that normally should address this imbalance of selective interest in research. That it does not - hardly surprises me.
> There should be a very obvious test for this right?
Yes, definitely, but I'm pretty sure it won't happen, and such a solution should not be allowed to make such claims ("intended to cover all human nutritional requirements for an adult") without any data supporting it, or at least a clear indication of the risks people take on it. In any case, some data is needed before you sell this kind of stuff to the public.
Soylent is not intended to diagnose, treat, cure, or prevent any disease. FDA be damned, people are actually allowed, with great level of discretion, to choose what they eat. There are controls on what they can put it in, it must have an accurate ingredient list, a nutritional label, etc., but medicine it is not.
Soylent is intended to prevent malnutrition. It is advertized as fullfilling _all_ of your nutritional needs. (Why would they call it Soylent? The name comes from a sci-fi movie where Soylent is a food made from human corpses. Using that name is an indication that there is a lack of judgement in the Soylent team.)
Prevention of malnutrition is not the same as treatment of nutritive deficiency diseases. Prevention of malnutrition is more simply termed "eating food".
Products like Soylent or Plumpynut are foods, not drugs. Replacing one's entire diet with Soylent is logically equivalent to choosing to eat a banana rather than an apple with your lunch today.
If you have kwashiorkor or beriberi or scurvy or pellagra, it is unlikely that you could be effectively treated with Soylent, because it is formulated to satisfy daily needs, rather than to correct a deficiency that may have taken many months to manifest symptoms. It is designed to be a complete food, using a recipe.
And if you watched the movie (it doesn't hurt all that much), you would know that only Soylent Green was made from people, rather than algae, as was claimed. The Soylent company sold other types of food products, and everyone ate mostly Soylent-brand foods, because they could not afford anything better. In the film, all the extras got most of their nutrition from Soylent Orange or Soylent Blue, or whatever those grubby-looking flakes were in the bins. Soylent Green always sold out early, and was in short supply.
Still... not the best naming decision. Most people haven't seen any more of the movie than the scene where Heston cries "You've gotta tell 'em. Soylent Green is people!"
> compared to a randomly sampled population consuming the nutritional equivalent in natural products.
Define "nutritional equivalent" and "natural products"?
Do you just want the same levels of carbs/fat/protein as Soylent has, or do you want to also get the same levels of iron, sodium, vitamins, etc.? The more demanding you make that condition, the closer you get to just replicating Soylent. ("We could replace this artificial ingredient with that natural one, but the natural one has less salt, so to make up for that we have to...")
And it hardly seems fair to compare Soylent against a natural equivalent of Soylent, which doesn't currently exist to my knowledge, instead of against people's actual real-life diets.
I can't think of many industries pushing for laws to force you to ingest their product. Eating McDonald's is not a prerequisite for admittance to pre-school.
Are you trying to imply that vaccines being mandatory is the result of lobbying and not just because it's an extremely important tragedy of the commons problem?
I'm pointing out that pharma can either be treated like every other company and held to similar standards or they can act like scientists if they want mandated use of their products.
And yes, pharma does lobby for laws to mandate vaccinations.
edit: obviously lobbying is not 100% responsible for all vaccinations laws, but it's partly so and increasing.
Fine, but obviously it's not only the vaccine manufacturers who are pushing for things like mandatory vaccinations for public school enrolment (except where unable, e.g. immunocompromised children unable to tolerate the vaccination itself). It's also, y'know, people with an interest in promoting public health, people who understand the concept of herd immunity, and people who have a reasonably tuned sense of social responsibility. So, sure: Big Bharma employs lobbying as part of their business strategies. This is both unsurprising and irrelevant to the overall societal benefit of high immunisation rates.
> edit: obviously lobbying is not 100% responsible for all vaccinations laws, but it's partly so and increasing
But how can you tell that the number of vaccination laws passed due to lobbying is increasing? Or possibly you just meant that lobbying dollars are increasing. But higher dollar values alone would tell us nothing about the relative success of that lobbying in getting laws passed. For example, perhaps the laws were going to be passed regardless, and the increased spend is illusory, being attributable to a general trend of increased lobbying spend in US big-business, inflation, or other factors. In an environment where lobbying is the norm, I think gauging the "effectiveness" of lobbying spend, especially for something which lots of people generally seem to support anyway, is a hard problem.
And people freaking old enough to remember when the only vaccination was for smallpox.
I just discussed this with my 81 year old father, who along with everyone else stood in line for the first polio vaccinations; that was the big fear for adults who'd survived the other things children are immunized for like measles, e.g. FDR lost almost all the use of his legs from it when he was 39 and counted himself lucky. I myself was born early enough that I got a lot of vaccinations as they first became available, and my parents, my mother a former RN, were very happy about this state of affairs.
Seriously, you might as well read Kippling's The Gods of the Copybook Headings in favor as anything else about this rank insanity. As well as gain a much more sympathetic view of the "less enlightened" of the world and history, as we arrogantly view them.
Fair enough; my comment was intended as an addition to your list of "It's also, y'know, people with an interest in promoting public health, people who understand the concept of herd immunity, and people who have a reasonably tuned sense of social responsibility." with examples in living history. Plus you can't get away from the concept of "good science" and people who don't accept the concept at all in this domain, especially the ones who can be accurately plotted by Whole Foods locations and otherwise claim to respect "science".
Let me add that at least in theory, vaccines receive the strictest regulation of all drugs, since the they're given to ostensibly healthy people.
Yes, I deleted my comment above shortly after leaving it because I figured it was a relevant discussion afterall unless I'm splitting hairs. (In the deleted comment I claimed this was all off topic to my original post).
I don't really disagree with you too much except that lobbying is relevant when considering regulatory capture.
And if you want hard numbers to analyze the impact of lobbying, you're not going to get it, because lobbyists have lobbied against transparency laws. Anyhow, the impact is real such as with Merck and Gardasil. Further, it's not only laws that matter but court precedent and CDC policies.
But certainly you're right that many unbiased/disinterested people agree with pharma. It's definitely not an issue only related to profits.
This is one of those bizarre comments that arise, I think, from a society being halfway between socialism and full-blown privatized capitalism.
Consider: Eating McDonalds could certainly be a prerequisite for admittance to McPreSchool, the worlds largest hypothetical private preschool system.
Consider also: your government operating as a corporation. Public health is a massive drain on government resources. Vaccines have VERY researched positive impact on public health. If government were a private corp then hell yes they would require vaccinations.
The misconduct itself is not surprising, given that all drug studies required for drug approval are performed by the company seeking the approval. The cover-ups are also not surprising, given that industry insiders go back and forth between jobs in Industry, and running the FDA.
The issue here is slightly different. As the law works, there is absolutely a lot wrong with lying, cheating, stealing and killing if you are poor or black.
White billionare? Nope. You can literally rape your toddler daughter and go free because the judge feels you would "not fare well in prison." (DuPont heir).
Large corporation? Lol. The attorney general will argue on your behalf instead of bringing a case against you. (JP Morgan).
Maybe as a condition of hire, the appicliant, if hired by the FDA, couldn't seek future employment in any aspect of the Pharmacutical industry?
I belonged to a union that flat out told apprentices that they were forbidden from going through the program and opening up a non-union shop. I've always wondered about the
legality of putting conditions on a job? I know the formentioned union still has the clause in it's bylaws, and it's a union in a huge city.
It all comes down to the incentives. I doubt the FDA is beating away applicants as it is. If the FDA enacts your proposed policy, what do we do if they can't find qualified applicants?
The US pharmaceutical industry is too wealthy for that to be workable. The game is to make friends while working at the FDA, and then to cash in. In order to serve the public interest, drug discovery and testing ought to occur in academia. The pharmaceutical industry should play no role in that, and should merely manufacture approved drugs.
Edit: Please see The Truth About Drug Companies, by Marcia Angell, M.D., formerly an editor of the New England Journal of Medicine.
Academia already does much of the fundamental research.
It's mostly the "D" part of the "R&D" that is expensive, and shapes the pharma industry. Some of this could be addressed by making clinical trials cheaper to operate and initialize, but it's always going to be quite expensive.
I agree that most fundamental (chemistry, biology) research is done in academia. But fundamental research doesn't deliver new drugs, it only supports discovery.
About 24% of new drugs are discovered in academia.[1] The remainder come from industry. I think offloading all discovery to academia, plus the "D" part of R&D would be something academia would struggle with.
Sure, a lot of discovery is done in industry too (and, as you note, is supported by academic outputs). But that's not the expensive part which is what I was trying to say -- obviously not clearly enough.
Reforming the current system would be difficult, no doubt. And perhaps it's unworkable. Big pharma also owns academia. Much of the peer-reviewed literature for many drugs has been ghostwritten by industry-funded consultants. Sometimes the authors don't even read their manuscripts, and in some cases haven't been informed of them. Some journals have been addressing this, but it's pervasive.
In any case, the current system isn't working. Incentives for fraud far outweigh those for improving public health. And there is virtually no accountability.
It's a sensible solution to the issue, from a distance. Then there are realities like this:
"Today, medical-journal editors estimate that 95 percent of the academic-medicine specialists who assess patented treatments have financial relationships with pharmaceutical companies, and even the prestigious NEJM [New England Journal of Medicine] gave up its search for objective reviewers in June 1992, announcing that it could find no reviewers that did not accept industry funds.
> given that industry insiders go back and forth between jobs in Industry
Very true, and there is very little done to reveal "Conflicts of Interests". Public Officials should be completely transparent (sources of income, past and present relationships, etc) if not I am afraid we cannot exclude corruption at any level.
Very true, and there is very little done to reveal "Conflicts of Interests".
Sure there is. If you sit on an FDA panel you need to declare all conflicts of interest. Panel members usually recuse themselves under those circumstances.
The tough part is that you can't stop folks from moving between industry and the FDA. Both organizations are looking for the best folks. It reminds me of doctors being paid for clinical trials. Of course it's always the top doctors getting paid because if you're a company, do you want the crappy doctors running your trial?
> If you sit on an FDA panel you need to declare all conflicts of interest. Panel members usually recuse themselves under those circumstances.
I don't care if you work for the pharma, but please don't keep posting demonstrably false comments shilling for the industry:
"Since the lion's share [of FDA user fees] can only go to expedite approvals, that area of the agency has grown while staffing and resources in other parts of the FDA have been relatively starved. As drugs enter the market faster, it becomes increasingly difficult for the FDA to perform its other functions -- including monitoring drug safety, ensuring manufacturing standards, and regulating marketing. [...]
Furthermore, the FDA is subject to industry pressures through its eighteen standing advisory committes, which consist of outside experts in various specialties, are charged with reviewing new drug applications and making recommendations to the agency about approval. The FDA almost always takes their advice. Many members of these committees have financial connections to interested companies. Although there are conflict of interest rules that prohibit participation in such cases, the agency regularly waives them on the unlikely grounds that someone's advice is indispensable. USA Today examined FDA hearing records in 2000 and found that 'at 92 percent of the meetings at least one member had a financial conflict of interest,' and 'at 55 percent of meetings, half or more of the FDA advisers had conflicts of interest.'
Members of FDA advisory committees are said to command unusually high consulting fees from drug companies. They are certainly in a position to do so. They probably don't even have to say, 'Pay me if you want your drugs approved.' According to the Washington Times reporter August Gribbin, 'One drug company executive who asked not to be identified referred to the advisory committee members' approaches for obtaining [consulting] work as 'shakedowns' because a company that refused to yield to such requests could doom products that cost tens of millions of dollars to develop.'" Source: The Truth About Drug Companies, p. 209
Once again, "conflict of interest" is not a binary thing. People can have weak conflicts of interest (owning pharma stock in their 401k) and strong conflicts of interest (sitting on the board of a pharma company). The FDA needs to balance that with getting the best folks they can on their advisory committees.
So yes, some folks who have conflicts of interest remain on the committees. I don't think it's something that can be avoided. The point is that the FDA is trying to address the issue and many folks who have strong conflicts of interest usually recuse themselves from those discussions.
This doesn't really reflect my understanding of the matter. In fact, the onerous restrictions required to work for the FDA (or any discretionary government agency, really) are one of the biggest reasons that people move to private industry...
I'm just wondering something probably very stupid. Shouldn't an FOIA request turn back all information that the article claims the FDA is refusing to give away ?
Looking at the FDA FOIA exemption list (http://www.fda.gov/RegulatoryInformation/FOI/ucm390370.htm or http://www.foia.gov/faq.html#exemptions), there's none that seems to match a drug name, a lab's name, a detail on a mistake or even communication between ab and FDA. The only things that I would think apply would be internal FDA comm, and patient names.
None of the things I cited sound like :
- national security threats
- internal rules
- breaking federal law
- trade secrets, commercial or financial info
- inter/intra agency comm
- personal privacy (if we exclude patient names)
- law enforcement info
- supervision of financial institutions (that's an interesting exception to see BTW)
- geological info on wells (totally off topic, but I'm kind of curious about this one).
It looks like the author si as baffled by the assumption that misconduct fall into the "commercial info" exception...
Really scary also is the whole orange book thing. I thought generics were actually the exact same molecule, as in "we've done a mass spectrometry of the stuff, and it's the same shit, only cheaper". It looks it's not at all the case... Reading the wikipedia talks on generic drugs, it looks like there was confusion there as well (http://en.wikipedia.org/wiki/Talk%3AGeneric_drug#Orange_book). As of today, there's only one reference to the word molecule in the wikipedia article ("[...] most small molecule drugs are accepted as bioequivalent if[...]), which doesn't seem to address the confusion.
Assuming (and it's a pretty big assumption) that insurances really want you to get better, it would then look like the should tell you _not_ to use generics, rather than pushing you to. Argument could be made that you only depend on them for a limited time. I guess the same argument could be made for public healthcare systems (like France), in the sense that you're less expensive dead on generics than alive on the real stuff, but I sound a bit cynical, even to myself.
Biological availability is a key issue. Having the right molecule is pointless if it's not absorbed as efficiently. Conversely, more-efficient absorption could be dangerous. It's an especially critical issue for extended-release forms.
The problem with the FDA is it usurps liability from the manufacturer and responsibility from the consumer. Most Americans will grant more time to a free app review, than to a nutrition label. We have a false sense of security that food and drugs are FDA "approved." This same problem exists in banking because of the FDIC. How many people know what's on their bank's balance sheets?
How many consumers are capable of evaluating drug safety and have time to do so? This is a real problem requiring time from a limited number of highly skilled professionals and easy proposed solutions are naive.
The consumers directly don't. But as a consumer I don't know how to evaluate an automobile, a smart-phone, or other products. But there is a market that provides the relevant data to consumers. Before I buy a car, I check out USNews, or Edmunds; before I buy any product I check out the relevant resources. Because of the way the FDA is structured, not much non-FDA research and reviews are being done. Lol. I didn't propose a solution.
… and those markets have a long history of being gamed despite enjoying much larger numbers of people who can check the work. The drug market is huge and extremely lucrative which ensures that any successfully started review service would be under attack from multiple fronts – lawsuits, attempts to hire people away or buy influence, setting up “competing” groups which try to sound legitimate but exist only to attack the other group’s claims, etc.
Read the history of what happened with say the financial ratings companies during the 2000s for one side (regulatory capture) and the tobacco or fossil fuel industry for the dirty tricks version. There's no reason to think that wouldn't keep happening, all of which dramatically increases the cost and likelihood of failure.
FDIC insurance exists so you do not need to keep checking in on your bank's integrity. It is set up this way by design. Should the bank run with your money or fold, you get your money back.
How you extrapolate FDA regulations and faith in it to banking is a bit beyond me, because if you get diabetes the FDA is not insurance you can use to treat it.
Not simple enough for you to understand I suppose. For a bank to get FDIC insurance, it needs to follow a lot of regulations. Even during the financial crisis, look how many times the FDIC insurance was triggered. It worked exactly as intended and kept banks from messing with depositor money.
The moral hazard is the FDIC, which arguably helped perpetuate the crisis. Banks are insured by the fed, lender of last resort, and individual accounts are insured by FDIC. Insurance, or assurance in the case of the FDA, is the moral hazard which causes risky behavior.
Nope. The FDIC made sure they didn't do the crap they did with depositor money. It's the reason the FDIC insurance wasnt massively triggered during the crisis. The accounts that got screwed were investment accounts which were not insured by the FDIC.
Moral hazard is an objective term. From the FDIC website, https://www.fdic.gov/deposit/deposits/international/guidance...
All you have to do is read the first sentence. And "The FDIC made sure they didn't do the crap they did" is nonsensical. Not to mention, I never once referred to the economic crisis.
Maybe you didn't follow the economic crisis then? One of the key differences between it and the great depression was the fact that depositor money was not at risk this time around thanks to the FDIC and the regulations surrounding it. There weren't wide spread bank runs wiping out savings accounts that are supposed to be risk free.
The moral hazard is introduced by the insurance. So yes they are more risky. Corporate governance, as you said, helps curtail the moral hazard, but without the insurance, the moral hazard would not exist in the first place. Go troll somewhere else. Your just wrong!
Glad you finally agree about the FDIC. Maybe I'll create an account for each thread on HN and start calling people names, since that seems to be popular now.
This article really brings home the truth of how helpless we are in the face of corrupt government bodies like the FDA. You can just picture von Eschenbach and his group reading the piece, and then calculating whether a response is going to be needed: Maybe it will all blow over if we just stay quiet?
What can one do as a citizen to fight this kind of corruption?
Simple, take away patent protections from the drug companies for derivative works... Then make all unredacted documents regarding FDA trials once a medication is approved for use available publicly...
The first will lead to correcting bad faith efforts and marketing in the drug companies... the second will lead to fixing the FDA.
I find it really interesting to juxtapose this situation with the current furor over Brian Williams' not actually having been in a helicopter he said he was in.
It's odd, but not too surprising, that the only job you can actually get fired from for lying is "propaganda mouthpiece."
I post a fair number of stories about regulation of medical treatments here on Hacker News. I see this one has attracted a lot of reader interest. The comments already posted as I post this comment point out that once someone sets up a regulatory program, the incentives become powerful to figure out ways to cheat the regulators. And, as usual, scientific research is hard (another topic I post a lot about here), and researchers all operate under incentives to publish interesting and hopeful results rather than acknowledge that their research program didn't show what the researchers hoped to show.
The submitted article identifies a specific problem in how the FDA doesn't publish identifying details of studies that its own inspectors discovered to have problems. Biomedical researchers, then, don't know which previous study findings are flawed, even though the FDA detected flaws, and much time and effort is wasted trying to pursue research results that don't reflect reality. That has to change.
Meanwhile, there is a different pattern of regulation for some products that consumers in the United States take regularly as they seek better health, namely "natural supplements." For natural supplements, the regulatory problem is far worse, because those products can go on the market with no research done on safety or effectiveness at all, and without even any guarantee that the product contains the labeled active ingredient,[1] a plain violation of the warranty of merchantability in the Uniform Commercial Code.
So the better trade-off for the consumer here is to amend existing law so that as drugs go through clinical trials, disclosure and peer review of FDA inspection findings during the trials is a condition for marketing approval. If manufacturers can't deal with that kind of regulation, tough. But it's only fair that natural supplement products, a multi-billion-dollar industry, should be regulated the same way.
(To answer a question asked in another comment, already well answered overnight in my time zone, yes, "science-based medicine" includes "evidence-based medicine," that is clinical trials, as a subset of practices that include also consideration of fundamental principles of science and statistical understanding of prior plausibility before interpreting clinical trial results. If a sample size is small enough, many implausible treatments can look like successes in a clinical trial, especially for subjective, patient-self-reported symptoms, but we shouldn't call such treatments effective until they have been replicated in larger samples and verified with independently gathered "hard endpoint" data about clinical signs.)
[1] "Searching for the supplement in your supplement"
> For natural supplements, the regulatory problem is far worse [...] So the better trade-off for the consumer here is to amend existing law so that as drugs go through clinical trials, disclosure and peer review of FDA inspection findings during the trials is a condition for marketing approval.
- The FDA already has the power to regulate supplements, for the most part they just choose not to. So the idea that supplements just need FDA regulation like 'regular drugs' is largely fallacious.
- Why should supplements need clinical trials for marketing approval when that isn't the standard for other any other comparable drugs on the market? I.e. almost all drugs that were in use before the 50s are allowed to be marketed without any testing for safety or efficacy, and since almost all supplements have a much longer history of human use, why should they be treated differently?
> The FDA already has the power to regulate supplements, for the most part they just choose not to.
The FDA has some power to regulate supplements, but the relatively light touch they use on them is not something the FDA chose independently, but a direct result of the limits on the scope of their power and the bases on which they may exercise it in the authorizing legislation, which Congress made very weak after a supplement-industry sponsored publicity campaign painting the effort to grant the FDA regulatory authority over supplements as an effort to "ban supplements".
The FDA already has the power to regulate supplements, for the most part they just choose not to.
No, the "natural supplements" industry has carved out for itself a huge exemption from most of the regulation that applies to drugs, on the one hand, or foodstuffs, on the other hand. See a group blog post on "Big Supp"[1] for more information about this. For years, that industry had a champion in Congress[2] who resisted more effective and rational regulation.
The FDA, on their own website, says it's their job to make sure that supplements are unadulterated and not mislabeled. If 80% of supplements are in fact completely fake, then I don't see how you're using the problems of the supplement industry to show how well the drug industry is regulated in comparison.
I feel like we're so deep in the mire now, of this kind of corruption and control by wealthy people/interests/entities, it'll be tough, if not impossible, to dig out of.
Being a fairly selfish person, that's not for my own self interest. Its a recipe for disaster. We need a massive overhaul.
Edit: Lobbying and the ability for a fiat currency to control decisions, and revolving door setups, seems like the obvious first step to me. But the people that can make that happen are the people that benefit from it currently. Bring on a new planet, without those types of people.
It is only with a false view of the past that today can be seen as more corrupt than any point in history.
Of course there is an ebb and flow of where the corruption lies, and to what extent it takes hold. People tend to forget that we're living in the safest, most transparent, most free point in the whole of human history. We've been digging ourselves out of a pit of corruption for ten thousand years, don't let yourself be fooled into thinking things are terrible by focusing on a few things that have gotten worse over a decade or two. Big picture: things are and have been getting massively better continuously.
You should be celebrating that such corruption can so easily come to light instead of decrying doom that it has been discovered.
I was trying to think of an argument to disagree with you with but you're right. From the times of Woodrow Wilson's reign to John Edgar Hoover and Nixon to the NSA, there's never really been a time in the past hundred years some part of the government wasn't corrupt and power hungry. And probably even before 1900 too with slavery and subduing of the Indian tribes. The freest least corrupt point in USA government's history is probably July 2, 1776.
Celebrating that is a recipe for resting on your laurels and allowing it to continue. There is nothing to celebrate here. You should be mad as hell and doing something about it.
Yes, not that long ago, it was not uncommon for sugar to be adulterated with lead acetate. Spiking alcoholic beverages with methanol is still all too common.
The FDA applied light bans, only on individual manufacturing sites, allowing the company to continue to push out product from other sites. Including making a bunch of pills with glass fragments in it.
The FDA eventually fined them $500M, and the company has since been bought by Sun Pharma, the largest in India. Zero indication that the systemic corruption, fraud, poor quality, etc. have had real change.
1: http://fortune.com/2013/05/15/dirty-medicine/