Government Regulators to Preempt State Regulators?

September 25, 2008

I don’t think so…

NEW YORK TIMES
April 13, 2008
LETTER

Drug Makers’ Advantage

To the Editor:

Re “Drug Makers Near Old Goal: A Legal Shield” (front page, April 6):

There
is a kind of Alice-in-Wonderland quality as the Supreme Court comes
closer to affirming Food and Drug Administration pre-emption.

Every few months, another study concludes that the F.D.A. cannot fulfill even its basic responsibilities. Until the Bush administration, the F.D.A.
itself viewed civil liability and its own regulation as complementary
systems of consumer protection. And yet we are about to throw one of
those systems away.

Like the doctrine of pre-emptive war that led to Iraq, F.D.A.
pre-emption is a policy concocted in oblivion, an ideology without
connection to the ways the agency and industry actually work. The
editors of The New England Journal of Medicine recently wrote that that
policy would have cataclysmic consequences for patients’ rights,
industry accountability and public health.

It is not often that
doctors defend trial lawyers. Having now heard what the most respected
voice in American medicine has to say, we should have no illusions
where we are headed.

Henry Greenspan, Ph.D.
Ann Arbor, Mich., April 7, 2008

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