Posts Tagged ‘FDA’

FDA issues menu labeling mandate

Vaping isn’t the only issue on which the Food and Drug Administration has stopped its ears to distress cries from the regulated community. It has now followed through with a stringent rather than lenient version of the menu labeling concept mandated by the ObamaCare law, one that will extend coverage to doubtful areas including some restaurant coupons and advertisements and ensure burdensome compliance issues for variety items such as toppings on pizza or ice cream. [CS News, Elizabeth Harrington/Free Beacon, earlier]

The FDA’s war on vaping

I’ve got a new piece at Ricochet on the Food and Drug Administration’s just-announced measures against vaping (e-cigarettes), which will drastically restrict and maybe even ban a popular option for smokers seeking to quit the cigarette habit. It’s not just an assault on individual choice and commercial freedom — it could wind up killing people. Read it here.

Relatedly, Andrew Stuttaford thinks I am too kind in describing CDC director Thomas Frieden as in denial about the prospective health benefits when smokers switch to vaping. And thank you to Andrew for describing Overlawyered as “must-read”.

P.S. Faced with two options on how to regulate premium cigars, FDA chose the harsher, of course [HalfWheel, Jacob Grier (“The market for cigars is about to become a lot less diverse and a lot more boring.”)]

More: I’ve got a piece up at Cato now on winners and losers from the FDA’s move. Plus, a new Jacob Sullum column: “The FDA’s deadly e-cigarette regulations.” And a Washington Post editorial defends the agency’s action on a for-the-children rationale, yet says not a word about the precipitous plunge in youth smoking rates and only refers in passing to the issue of harm reduction.

May 4 roundup

  • New gun store in Arlington, Va., just outside D.C., sues neighbors as well as officials who tried to block its opening [Washington Post]
  • Good: “Amendment Could Save the Vaping Industry From Prohibitive FDA Regulations” [Jacob Sullum]
  • N.J.: “Bergen County Father Jailed For Non-Payment Of Support For Kids Who Live With Him” [Bergen Dispatch via Hans Bader]
  • Outrage over state override of local regulatory options seems to depend a lot on whose ox is gored [Aaron Renn, Urbanophile]
  • That way, they could challenge it in court? Claim that businesses would be better off if DOJ went ahead and issued regulations commanding their websites to have ADA “accessibility” [Legal NewsLine, earlier]
  • “Washington Redskins Appeal To SCOTUS On Trademark And Seek To Tie Their Case To That Of The Slants” [Timothy Geigner, TechDirt, earlier]

Medical roundup

  • Even into the thick of the scandal revelations, Sen. Bernie Sanders “wanted to believe that the VA was a model for government-run health care” [Tim Mak, The Daily Beast]
  • Issues include state licensing, location of service for legal purposes: “How Congress Can Remove Barriers to Affordable, Quality Telemedicine” [Michael Cannon, Cato]
  • “Resistance to anesthesia in the 19th century” [R. Meyer and S.P. Desai via Tyler Cowen]
  • “There’s no evidence the FDA blocks innovation or makes innovation harder or makes it more costly,” claims one Harvard professor. Sens. Ted Cruz (R-Tex.) and Mike Lee (R-Utah) disagree and have introduced a FDA reciprocity bill to “make it easier for U.S. patients to access drugs and devices already approved in other developed countries” [Alex Tabarrok first, second, third (Daniel Klein and William Davis survey) posts]
  • “Judge rules against Al Qaeda supporter who claimed medical malpractice against his jailers.” [Reuters]
  • No, these aren’t “three parent” babies and Congress should not be talked into moral panic about them [Andrew Stuttaford]
  • “Increase in nursing malpractice claims” [Nursing Services Organization and CNA Professional Liability via TortsProf]

Medical roundup

  • “No, Donating Your Leftover Tissue To Research Is Not Like Letting Someone Rifle Through Your Phone” [Michelle Meyer answers “Henrietta Lacks” author Rebecca Skloot; related, Richard Epstein/Hoover]
  • “Women Should Not Have to Visit a Doctor for Birth Control” [Jeffrey Singer, Time/Cato]
  • Lawyer ads can scare TV viewers into discontinuing medically indicated therapies. But is more regulation the right answer? [reform group Sick of Lawsuits]
  • Johnson & Johnson followed federal government’s own advice on labeling a drug, and got slammed by a jury in consequence [WSJ editorial]
  • U.S. opinion resistant to ratifying treaties that would create an international-law right to health care, so how about smuggling it in via congressional/executive agreement? [Nicholas Diamond, Harvard “Bill of Health”]
  • Denmark, like other Scandinavian countries and New Zealand, has replaced malpractice suits with iatrogenic injury compensation scheme [Pro Publica]
  • Has liberalized patient access to opioids been a net harm? Study suggests no [Tyler Cowen]

Medical roundup

  • FDA and other agencies launch crackdown on more than 100 dietary supplement companies [Orange County Register editorial, thanks for quoting]
  • 14 years ago Sally Satel warned that political correctness was getting into medical schools in a big way. How prescient was that? [Yale Daily News via Dave Huber/The College Fix on Yale med-school dean’s capitulation to demands for “anti-oppressive” curriculum reform, video of Satel on C-SPAN “Book Notes” with Brian Lamb discussing “P.C., M.D.“]
  • Unexpectedly! “Insurer cutbacks squeeze patients out of high-end care” [Houston Chronicle]
  • “Deflate Drug Prices by Reforming the FDA” [Richard Morrison, CEI, thanks for quote]
  • Penny wise: Obama plan would penalize doctors who recommend routine prostate cancer tests for older men [WSJ, Betsy McCaughey/New York Post]
  • “Clearly, it would take an extraordinarily overbearing [British] state to move [sugar] consumption anywhere close to this target.” [Christopher Snowdon]
  • Widely asserted ethical prohibition on paying organ donors comes at more than a monetary price [Alex Tabarrok](link fixed)

“The biggest obstacle to proper treatment, in Dr. DeVita’s view, is the FDA.”

Longtime director of the National Cancer Institute Vincent DeVita has a new book out (with daughter Elizabeth DeVita-Raeburn) on the fight against cancer. (DeVita is also a former director of the Yale Cancer Center, and a former physician in chief at Memorial Sloan-Kettering Cancer Center). From a New York Times review, via Ira Stoll, Future of Capitalism:

The regulatory caution of the Food and Drug Administration has been a thorn in his side for decades: “I’d like to be able to say that as cancer drugs have become increasingly more complex and sophisticated, the F.D.A. has as well. But it has not.” In fact, he writes, “the rate-limiting step in eradicating cancer today is not the science but the regulatory environment we work in.”

And Laura Landro covers the book at the Wall Street Journal:

The biggest obstacle to proper treatment, in Dr. DeVita’s view, is the FDA. The agency, he believes, acts with an overabundance of caution, approving a drug for one cancer but restricting its use for another. It has created a lot of “Dr. No’s,” who are “prone to saying no to cancer drugs.”…

Dr. DeVita calls on regulators to allow testing at earlier stages of a disease rather than only after current treatments have failed, and he argues that more drugs should be available, before approval, for “compassionate” use in the absence of other treatments. “People are not dying because the drugs don’t exist,” he writes, “but because they can’t get them.”

Free speech roundup

  • Understanding the liberal-conservative gap on what “free expression” means [Ronald K. L. Collins]
  • Foes of Yik Yak “want universities to ban the very app that gives marginalized students a voice on campus” [Amanda Hess, earlier] No-platforming: “It is an anti-Enlightenment movement.” [Claire Lehmann on Germaine Greer case] At UCLA, administrators and activists are attacking the core right to free speech [Conor Friedersdorf]
  • “If you know what you’re doing, you bring in the litigators before you start running your mouth.” [Popehat on game developer’s lawsuit threats, language]
  • “Climate change, Galileo, and our modern Inquisition” [Edward Dougherty, Public Discourse/MercatorNet on climate RICO] “Veteran campaigner Bill McKibben and Democratic presidential candidate Bernie Sanders demand the Obama administration launch a criminal investigation [over Exxon’s allegedly improper issue advocacy]… victory over deniers and climate criminals is always just around the corner” [Holman Jenkins, Jr., WSJ, paywall]
  • In Denmark, courage of cartoon editors belatedly recognized, yet fear governs press [Jacob Mchangama, Politico Europe]
  • Federal judge: First Amendment forbids Kentucky officials to shut down parenting column written by N.C. psychologist on grounds that it constitutes practice of psychology in Kentucky without a license [Caleb Trotter, Pacific Legal Foundation]
  • “To Tweet or Not to Tweet: How FDA Social Media Guidelines Violate the First Amendment” [Kirby Griffis and Tamara Fishman Barago, Washington Legal Foundation]

October 28 roundup

  • India monk: I’ll need eight months to respond to court summons because my religion requires me to get there on foot [BBC]
  • NYC’s inhospitable treatment of cat cafes leaves you wondering if dogs get a better shake [Nicole Gelinas, New York Post]
  • As VW litigation heats up, keep your eye on lawyers’ angling re: multi-district litigation, advises Ted Frank [Chamber-backed Legal NewsLine; Rob Green, Abnormal Use; yet more on multi-district litigation, John Beisner, Chamber ILR]
  • A public health study “builds upon Critical Race Theory” to criticize results of Stand Your Ground doctrine in Florida, but most of the cases it uses weren’t decided on basis of that doctrine [Andrew Branco, Legal Insurrection]
  • “Subway ‘Footlong’ Settlement: Lawyers Feed, Consumers Fast” [Judicial Hellholes, earlier, note also this on Subway’s affection for the term]
  • Not only did the free market not cause that $750 generic pill, it might be on the way to generating a $1 alternative [Bonnie Kristian/Rare, my earlier take] Still, it’s a little more complicated than that, as Alex Tabarrok explains;
  • Kathleen Kane saga: “Pennsylvania Attorney General Suspended from the Bar, Still Refuses to Quit” [Hans Bader, CEI]