Gardiner Harris paints a very one-sided picture of an FDA desiring to use its regulatory power and a White House dedicated to constraining them. When you look at the results, however, either some FDA officials are trying to tell their side of the story, or the article is dead-on about the White House’s love affair with deregulation.
Nancy-Ann DeParle, the whip-smart and sometimes caustic White House deputy chief of staff, picked up The Wall Street Journal one summer day in 2010 and got an unwelcome shock. The Food and Drug Administration was proposing as part of the new health care law to require that movie theaters post calorie counts for popcorn — and this was the first she had heard of it.
In the F.D.A.’s view, the law called for moviegoers to know that many a buttery bucket of popcorn had more calories than two Big Macs, but Ms. DeParle, President Obama’s chief health adviser, thought the requirement was unnecessary and would probably be lampooned on Fox News as an especially silly example of the government intrusions that conservatives often mocked as the nanny state.
Dr. Margaret A. Hamburg, the F.D.A. commissioner appointed by Mr. Obama, soon heard about the White House’s displeasure and called Ms. DeParle at home one evening, people with knowledge of the call confirmed. The women had a decidedly chilly conversation. Within days, the F.D.A., an agency charged with protecting public health, backed down and dropped the notion of calorie counts for foods served in movie theaters and on airplanes.
And there’s plenty more of this conflict described here. The FDA wanted to regulate sunscreen by banning use of the name for ineffective products. The White House just wanted them listed as ineffective. The FDA wanted over-the-counter sales of the morning-after pill. The White House wanted sales restricted behind the counter.
And the White House ends up winning all these fights. They see the FDA as “hopelessly naïve” do-gooders who don’t understand the implications of their actions. This of course reflects on them as the hopelessly naïve ones, thinking that Republicans will somehow stop their attacks if they never use the power vested in them by the Constitution. The obsession with message and image has real consequences for policy.
The article explains how the Bush Administration first tampered with the FDA’s independence, and that the White House under Obama has really done the same thing, if for different reasons. The Bush Administration just didn’t want the regulations. The Obama Administration just didn’t want the risk associated with the regulations. But the impact is exactly the same; it doesn’t matter what’s in the heart of those stopping the regulations. “Employees here waited eight long years for deliverance that didn’t come,” said one top FDA official.
Reading over this report, you get the impression that the biggest consumers of Glenn Beck in the 2009-2010 period were White House staffers. And policies were set so as to not rouse him. As a result, movie theater popcorn has no calorie count associated with it. Sunscreens that offer no protection from skin cancer are still called sunscreens. Primatene Mist is still on the market despite being warned by the FDA for years to remove the CFCs from their asthma inhalers. Plan B One-Step cannot be sold to younger women without a prescription.
This is about big money and lobbying, sure, but also a philosophy that comes from Cass Sunstein, a light-touch “nudge” theory of regulation that clashes with the FDA’s main mission to protect the public.
The article closes with this from Susan Wood. I will also:
Susan Wood, a former head of the office of women’s health at the F.D.A., had resigned in 2005 to protest the Bush administration’s repeated refusal to make emergency contraceptives available without a prescription. In 2009, the White House invited Dr. Wood to attend a ceremony during which Mr. Obama signed a presidential memorandum pledging to restore scientific integrity to government decision-making and to listen to scientists “even when it’s inconvenient — especially when it’s inconvenient.”
Dr. Wood said that she feels Mr. Obama broke that promise and fears future administrations will overrule the F.D.A. in other such controversial areas.
“But I’m an optimist,” she added, “and hope that the president will find a way to stand by his promise.”
Needless to say, I differ with her last quote.




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These are the kind of issues that have severed me from my support of the president. Far too often, his words and actions have not met. Pragmatism is an excuse. Not having the power is an excuse, not a reality.
This president presented himself as being a hero of the people, but time and time again, his actions have been that of a bureacrat, or a technocrat, or a loyal member of the establishment. Whether it be his stimulus program and all of the right wing giveaways without the level of functional stimulus really needed; or his refusal to seek out criminal activities in the Bush Whitehouse, or the intelligence community, or the military; or his health care bill that was poorly managed, included giveaways to the industry (tell us again how that it’s a takeover, righties), and minimal real controls; or the defering to BP in the oil spill, yet getting the lion’s share of the blame for the response (not to mention his ignorring the non-bought science community); etc.
If I lived in a blue state, or a purple state, I would overcome my extreme dissatisfaction with the president and vote for him, very half heartedly. But since I’m in a state so red that the rocks bleed red, I have the option of finding an alternative candidate to vote for. With the electoral college, and the total improbability that my state might go blue, I don’t regard it, at this time, as throwing away my vote.
Doesn’t Cass Sunstein head an office solely concerned with de-regulating regulations? I’ve read that Sunstein is an enthusiastic purveyor of the Veneer school of regulation.
> Nancy-Ann DeParle, the whip-smart
Reminder: corporate asswipes are not, and cannot be, “whip-smart.”
Obama fears political risk of new regulations, or Obama just does not want new regulations and uses that line as an excuse? How do you tell which is true – and does it matter, liar, con-job, or both?
I also no longer believe Obama will ever stand by any promise not given to the rich and corporate.
The election has only a one line campaign slogan – “The other fellow is worse”. Heck, by the fall the GOP hatred of women and minorities will once again be hidden (unlike during the last 2 months) and folks will forget and the election will be close.
But this time for the first time in 60 years, I won’t care who wins.
There’s optimism, there’s the ability to ignore trends, and there’s also complete delusion, none of which are mutually exclusive.
Fuck the presididn’t.
While I disagree with the administration over the sale of Plan B as OTC, the fact that the government feels compelled to force movie theaters or fast food places to post calorie counts etc. is just plain stupid.
Fast food is not good for you? No shit, Sherlock. Sunscreens designed to protect against burning won’t save you from skin cancer? You don’t say.
Does anybody wonder why Obama is seen as spineless? He is a lap-dog to corporate interests. If it didn’t carry racist implications I would call him their ‘boy’.
He is losing so much support from those who had believed in him that I am starting to think he may well lose the next election. Between corporate loving Obama and corporate loving Republicans… we’re screwed.
Grr, I’m angry!
Does Obama use the same domestic political calculation when it comes to issues such as war? Our “disengagement” from both Iraq and Afghanistan seem more about short term election politics than follow through on a promise.
Similarly with Iran. Will we go to war because he perceives it the only way he can be re-elected? Those are depressing thoughts, but thoughts I and I’m sure others are having.
I’m afraid I do care who wins but feel as you that the end result may well essentially be the same. Not a good thought to be having.
Obama has been interfering with scientific integrity since at least Petronobyl.
My initial response is that this is consistent with an Obama administration that is heavily on the side of big corporations, despite rhetoric to the contrary. This seems to be the case on anything I can think of even to the extent of violating human rights and our Bill of Rights. Does it please or displease some corporation? Act accordingly.
Face it, Obama is a conservative and in any other decade, Republicans would call him their own.
We need real liberalism in office and in the Congress.
Displayed prominently on their web-page, the US Food & Drug Administration declares its purpose is “Protecting and Promoting Your Health” (presumably “your” means “US citizens”).
Recent history of the FDA in terms of Monsanto alone indicates that somehow protecting and promoting health is not always the top priority. The US government has used its influence to try and get other countries to use Monsanto products, has refused to post labels of GMO foods so consumers could make informed choices, and has allowed GMO products into the food supply with rigorous testing. Much more on that here.
And now it seems, the more relaxed approach being taken by the FDA is resulting in medical devices being approved which later resulted in “serious health problems or death”. (The article itself is behind a pay-wall, but is cited here in footnote 62.)
Of course, the Monsanto involvement and the recent faulty medical devices research are just two examples. It does seem the FDA is slipping in terms of its purpose–protection and promotion of the health of the American people.
This situation may be worse under the current administration but the FDA has been a pretty hollow entity for at least a couple decades. Particularly on the Food side. They have been almost entirely restricted to reaction to the numerous food contamination events of the past. Inspection, monitoring, verification of bacterial testing, etc are nonexistent from the FDA until people die from noncompliance with regulation.
Food safety has been handed off to private business ie YUM, AIB, and in house QA. If you can fake it through a pre-announced one day audit every six to twelve months you can ship as much Listeria or E. coli contaminated product as you chose too.
Fatster–
You’re inserting YOUR definition of “Your Health.” While it looks good in print . . . and we, the dirty masses may INTERPRET the meaning to be our health, the hidden message is the HEALTH of the bottom line of the FDA’s true customers–BigPharma, BigInsurance, BigAg, BigMedical. Silly person! s
Yep. Point taken.
Yet all the formerly generic prescription-only albuterol inhalers have been reformulated as CFC-free products. But given that Primatene Mist in its CFC version is still available, it’s now obvious the only reason this was done was to enable a fresh patent on these formerly generic products and thus raise the price from ~5.00 to over $100. Folks, we live in a nation of outright crooks and it’s way past time to occupy their asses. As to the inhalers, years ago I switched to a nebulizer machine & the albuterol for it is still generic, $5 buys a large box of ampules thus not to ‘feed the beast’.
Well I just spent a while over at TBogg’s place…my head hurts, and I can’t remember exactly why but I have the distinct impression based on that experience that this can’t possibly be the administration’s fault!
Go Obama!
Four more years!
/s
I did commit a bad up there, though. Should be “without rigorous testing”. Thnx for your comment which made me re-read my own.
Mahavishnu fan?
One of the top five books I have read as far as how the government/business work things is
corporate crime in the pharmaceutical industry by John Braithwaite.
definitely will open your eyes. very well written and comprehensive.
But your typo–”rigorous testing”–fits right in with FDA deception. I read a psychiatric blog (1boringoldman) who has tracked down much original research. A month or so ago, he described how one of the ‘next generation’ (me-too) anti-depressants made it to market, with patent protection and the blessing of FDA. Of the 16 tests (clinical trials with varying numbers of participants), only two showed slight variations/differences from placebo. But voila! this miniscule difference (despite the plethora of similar products) was given approval. I believe YOUR rigorous testing error exemplifies the FDA’s definition of rigorous testing. Bring us ANYTHING that demonstrates efficacy, and we’ll grant your approval, while conveniently ignoring (or not requesting data) on the 8, or 10, or 12 FAILED tests! Our FDA at work!
I guess Mr. Braithwaite has a new book coming out, interview with Mokhiber
““In Corporate Crime in the Pharmaceutical Industry, we concluded that 19 of the 20 largest U.S. pharmaceutical companies had engaged in serious corrupt activities in the course of the 1970s. And there was really no other industry in the United States that had such a consistent pattern. There were other industries – like the defense industry – that were doing terribly corrupt things. But in terms of top to bottom corruption, the pharmaceutical industry was the worst in the United States.”
“And in some ways, we are inclined to conclude that today it is even worse.”
http://www.counterpunch.org/2012/01/03/corporate-crime-in-the-pharmaceutical-industry/
The book is up there with the William Blum book on American Interventions since WW two.
I really don’t think Obama or the people around him have a good understanding of the American people. Sad and hurtful.
… and hope and change are just campaign rhetoric, who coulda knowed?
AKA the Facade Dept. of America.
The policies will remain the same. It’s only the “face” of the corporate puppeteers that may change. George Carlin was right, as was Walt Kelly.
Of course they do, it’s just that they choose to serve their brethren, the oligarchs.
A group of my T1 diabetic friends–considering the inaccurate equipment and the genetically-engineered “insulin”–that have become the ‘standard’ for diabetes management, have long referred to this agency as the Fatal Drug Administration.