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They Said It… With Doug Bandow, Judge Andrew Napolitano And More

in Liberator Online by James W. Harris Comments are off

(From the They Said It section in Volume 20, No. 1 of the Liberator Online. Subscribe here!)

THE DRUG WAR GULAG: “The U.S. rate of incarceration, with nearly one of every 100 adults in prison or jail, is five to 10 times higher than the rates in Western Europe and other democracies… America puts people in prison for crimes that other nations don’t, mostly minor drug offenses, and keeps them in prison much longer. Yet these long sentences have had at best a marginal impact on crime reduction.” — former U.S. Treasury Secretary Robert E. Rubin and Nicholas Turner, “The Steep Cost of America’s High Incarceration Rate,” Wall Street Journal, Dec. 25, 2014.

DEATH BY FDA: “The paternalist FDA long has delayed the approval of life-saving drugs, thereby killing thousands of people, far more than the number likely saved by preventing the sale of dangerous medicines.” — Doug Bandow, Cato Institute, “Close the Government to Close Bad Government Programs,” Cato Blog, December 31, 2014.

Scottish Police on Twitter“Please be aware that we will continue to monitor comments on social media & any offensive comments will be investigated.” — tweet by the Scottish police, Dec. 30. Such monitoring is on the rise in the UK, according to the UK Independent; about 20,000 people in Britain have been investigated in the past three years for comments made online, and some have been arrested and imprisoned.

Judge Andrew Napolitano

NAPOLITANO ON TORTURE: “All torture is criminal under all circumstances — under treaties to which the U.S. is a party, under the Constitution that governs the government wherever it goes, and under federal law. Torture degrades the victim and the perpetrator. It undermines the moral authority of a country whose government condones it. It destroys the rule of law. It exposes our own folks to the awful retaliatory beheadings we have all seen. It is slow, inefficient, morbid, and ineffective. It is a recruiting tool for those who have come to cause us harm. All human beings possess basic inalienable rights derived from the natural law and protected by the Constitution the CIA has sworn to uphold. Torture violates all of those rights.” — Judge Andrew P. Napolitano, “The CIA and Its Torturers,” syndicated column, Dec. 11, 2014.

Mark Thornton“The War on Drugs … kills thousands of people, destroys untold number of lives, and wastes hundreds of billions of dollars every year. … What has the War on Drugs accomplished? It has not reduced access to illegal drugs. It has not reduced illegal drug use or abuse. It has not reduced the rate of addiction. If anything, the rates of use, abuse, and addiction have increased over the past century. Prison population statistics clearly indicate that it has been used to suppress minorities.

“It has also greatly increased the powers of law enforcement and the legal system and reduced the legal rights and protections of citizens under the tradition of the rule of law. It has greatly increased the militarization of the police and the use of the military in police work. It has also led to a significant increase in U.S. political and military intervention in foreign nations, particularly in the drug supply nations of Central and South America. … it is the number one cause of crime, corruption, and violence in the United States, as well as many of the countries of Central and South America.” — economist Mark Thornton, “The War on Drugs Was Born 100 Years Ago,” Mises Daily, December 17, 2014.

FDA Bureaucrats Kill 150,000 Americans

in Liberator Online by James W. Harris Comments are off

(From the Intellectual Ammunition section in Volume 19, No. 19 of the Liberator Online. Subscribe here!)

Never mind Ebola, terrorists and school shootings. Abolish the FDA

What Americans should fear is… the FDA (U.S. Food and Drug Administration).

The FDA’s failure to approve life-saving drugs in a timely fashion is killing thousands, even tens of thousands, of Americans every year, critics charge.

Take just one example. An estimated 150,000 Americans have died or will die from idiopathic pulmonary fibrosis — a disease in which tissue deep in the lungs becomes thick and stiff, or scarred, making breathing difficult — because of the FDA’s four-year delay in the approval of the drug pirfenidone — a drug already approved and marketed in Europe (since 2011), Japan (2008), Canada (2012) and China.

That estimate comes from Dr. Henry I. Miller, a medical researcher, founding director of the FDA’s Office of Biotechnology, and 15-year member of the FDA.

That’s more Americans than were killed in any American war except the Civil War and World War II.

And pirfenidone is just one example among many others. The FDA’s slow approval of beta-blocking drugs in the 1970s may have led to the unnecessary deaths of up to 100,000 people, according to Sam Kazman, J.D., of the Competitive Enterprise Institute.

For many years the FDA prohibited aspirin makers from advertising the widely-accepted argument that aspirin could significantly reduce the risk of heart attack for some patients. According to economist Paul H. Rubin, “The FDA surely killed tens, and quite possibly hundreds, of thousands of Americans by this restriction alone.”

Indeed, says Reason magazine’s science correspondent Ronald Bailey, “the FDA’s increased obsession with safety may be killing more people than it saves. …After all, if it takes the FDA ten years to approve a drug that saves 20,000 lives per year that means that 200,000 people died in the meantime.”

The FDA’s approval process can take up to… 18 years. For people desperately fighting fatal illnesses, such long waits are death sentences.

Making things worse, the FDA’s review process is so expensive that,according to Yevgeniy Feyman of the Manhattan Institute: “The typical drug approval costs between $1.2 and $1.3 billion.”

According to Reason magazine’s Bailey, many drugs that could save lives are never introduced because of this cost.

In 2000, economist Daniel B. Klein of the Independent Institute wrote: “Because the FDA process is so expensive, so protracted, and so uncertain, thousands of untold drugs are never discovered or developed. It is impossible to estimate the suffering and death caused, but surely it greatly exceeds 50,000 premature deaths annually.”

Why is the FDA so agonizingly (literally) slow and expensive? Prior to 1962, the average time for FDA approval was just seven months. However, in 1962 Congress passed the Kefauver Harris Amendment, which added a new requirement of proof of effectiveness, in addition to the old standard of proof of safety, for approval of new drugs. Effectiveness is a far more difficult, and expensive, standard to meet.

Perhaps worst of all, the FDA typically doesn’t give even gravely ill patients the opportunity to choose promising treatments it has not approved. As journalist Kate Jenkins asks: “If you had a fatal disease and were told you only had one year to live, wouldn’t you prefer to be allowed to make your own choice?”

This article by Ronald Bailey gives a further look at this mess, and offers libertarian alternatives.

The Independent Institute offers an overview of the situtation and proposals for replacing the FDA.

And for a great movie that dramatizes this life-and-death struggle, see The Dallas Buyers Club starring Matthew McConaughey.

The FDA Vs. the Health and Safety of Americans

in Communicating Liberty, Healthcare, Liberator Online by Mary Ruwart Comments are off

QUESTION: Which problem is the greatest: the FDA’s approving unsafe drugs, or the FDA’s delaying the approval of life-saving ones?

MY SHORT ANSWER: In 1992, Congress passed the Prescription Drug User Fee Act (PDUFA), allowing drug companies to voluntarily pay about $100,000 to get a speedier review. The money went to hire new reviewers.

The fee has grown steadily; it’s now over one million dollars per drug. The part of the FDA that reviews drug applications now receives about 50% of its funding from drug companies. FDA employees (e.g., Dr. David Graham, the whistleblower on Vioxx) have reported being told by supervisors that the drug companies — not the American public — are the FDA’s clients. This should be expected, as he who pays the bills makes the rules.

Does this mean that the FDA now approves unsafe drugs? It depends on how you look at it. Withdrawal rates (the percent of approved drugs removed from the market) from 1962-1992 and 1993-2013 are virtually identical at about 3%. As time goes on, however, more drugs approved during 1993-2013 are likely to be withdrawn. The differences may be small, though, as most withdrawals occur quickly. On the other hand, Vioxx, approved post-PDUFA, was by far the biggest drug disaster in history.

Does the FDA still delay approval of life-saving drugs? Yes! It does so by demanding that companies perform studies taking an average of 13-plus years. Prior to 1962, the average time was about 4 years. I suspect that these delays are still more costly, in terms of lives lost, than approvals of unsafe drugs.

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