FDA is the Only Government Agency to Get Budget INCREASE
Posted by Dr. Mercola | March 06 2010
The Food and Drug Administration is a major exception to the
Obama administration’s freeze on discretionary spending in the 2011 budget.
Overall, the FDA budget could grow by as much as 23 percent,
to just over $4 billion. But this will require Congress to authorize more than a
quarter-billion dollars of new fees on food facilities and generic drug makers.
The increase is a testament to the FDA’s increasingly complex
responsibilities, as well as a perception that the agency has been underfunded
for many years. The increased spending would allow the FDA to add 1,200 jobs,
expanding its workforce by 10 percent.
Key boosts in spending would include $318 million to improve food safety, $215
million for anti-smoking programs and $100 million to improve the safety of
drugs and medical devices.
More than one-third of the 2011 budget would come from user
fees paid by businesses that make payments for FDA services such as evaluating
new applications for drugs and medical devices.
Sources:
Los Angeles Times February 2, 2010
At first glance, this may strike many as good news. And it
could be, were it not for the fact that this budget increase will likely place
the FDA even further into the drug industry’s pocket.
Why?
Because as mentioned in the article, a very large chunk of
the 2011 budget increase will come from user fees paid by the drug industry. And
this is one of the main reasons why the FDA’s track record for keeping you
safely out of harm’s way has failed so miserably over the years.
As I’ve said before, the FDA under its current configuration
does more to look out for itself and to protect its clients – the drug industry
– than it does to protect you, the consumer. And from the looks of this budget,
the coming year is only going to continue the status quo, if not add to the
problem.
For example, the FDA’s 604-page budget proposal (it’s not
official until it’s approved by Congress) includes almost $11 million for
cost-of-living pay raises for FDA staff – a perk that I’m positive many
Americans wish they were getting this year.
This me-first attitude is reminiscent of the shenanigans the
FDA pulled in 2007 right after it published a 60-page report, admitting that it
lacks the competency and capacity to keep up with scientific advances.
The report was a response to a 332-page analysis of the FDA
by the Institute of Medicine, which basically said the same thing – that the FDA
was drowning in too much to do, with too little money. The IOM faulted the
division for sometimes ignoring FDA scientists' concerns about drug safety,
including their complaints that the division tilts toward industry in
decision-making.
So what did FDA officials do to rectify this situation? They
hired a consultant to the tune of $1.5 million, to give morale-boosting seminars
to 500 of the agency’s managers over a two-day period.
No wonder this agency doesn’t have enough money to keep up
with its work! Wouldn’t we all like to go off on a mood-enhancing retreat every
time we get criticized? Once Congress heard about this, enough legislators were
fuming to order an inquiry into the consultant’s contract.
The FDA, though, as reported in The Wall Street Journal, was
unrepentant: Even when confronted with the fact that the consultant also had
drug giants Merck, Pfizer, Novartis, GlaxoSmithKline, and others, as clients,
John Jenkins, one of the FDA’s deputies, flippantly said, “I think it’s quite
silly to bring that up as a point.”
What is the Point, Then?
The point is, the FDA just doesn’t “get it”. Here they are
complaining about not having enough money, so instead of looking for places to
cut back, they go off and spend $1.5 million to help them feel better about it.
Where’s the sense in that?
Likewise, where’s the sense in spending 10 times that much
for another feel-good experience in 2011 in the form of pay increases? But if
you take a look at the budget, you’ll find it only gets better. Throughout the
proposal, pay increases are tied to rent, utilities and other facility costs, as
if you couldn’t have one without the other.
The additional cost of all rent activities, according to the
budget, is $22.1 million. Repeatedly, the FDA says, “If FDA does not receive the
full amount necessary to pay the higher pay costs for its employees and higher
rent cost for its facilities, FDA must reduce the professional staff that
performs the FDA mission.”
Dire warnings of what might happen to the nation’s food
supply or to your personal health and safety without FDA pay raises and facility
costs follow this statement in every instance.
Without knowing exactly what the rent costs are – the General
Services Administration is the landlord – I can’t speculate on what might be
inflated or unnecessary, and therefore possibly cut back.
But I am concerned about the scare tactics the FDA is using
to sell its goals and missions on food safety which, as you will see, are
crafted to favor a multi-national drug cartel giants that most often are more
concerned about their bottom line than you.
The FDA’s Tainted Track Record
There are so many problems with the FDA, it could easily fill
an entire book. Their failure to protect American consumers include whammies
like:
·
the approval of the antibiotic Ketek, despite
the fact that the study was so fraught with fabricated data it led to arrests
and prison terms
·
the deadly Vioxx debacle
·
antidepressants found to incite murderous and
suicidal episodes
·
lead tainted toys
·
toxic pet food
And that’s barely scratching the surface.
It should be clear to anyone who has followed the numerous
scandals the FDA has created over the past several years that the FDA main
concern is not to protect you -- they’re interested in protecting the
pharmaceutical industry.
And if user fees from the food industry will also become a
major source of funding the FDA’s food safety initiative, you can almost bet
that food safety will deteriorate as quickly and as badly as drug safety has.
A Case of the Fox Guarding the Hen House
The user fees from drug companies, enacted in the 90s,
allowed the drug industry to have major leverage over the FDA, and their control
has increased exponentially ever since.
Back in 2007, when the FDA used increased user fees to fund
its expanding budget, user fees accounted for two-thirds or more of their drug
review budget. As a result, we’ve seen a number of toxic and lethal drugs deemed
“safe” and released to market with disastrous results.
The FDA has clearly shown, again and again, that it will stop
at nothing to protect the hand that feeds it.
For example, in January last year, the FDA opted to protect
the health and welfare of big business over the health and welfare of pregnant
women and their unborn babies by claiming that the benefits of eating more than
12 ounces a week of fatty fish like tuna outweigh the health hazards of mercury.
But they didn’t stop there.
They also had the audacity to claim that mercury is
completely harmless!
You may remember this ongoing story. The FDA issued a final
regulation classifying dental amalgam as class II devices (meaning they deem it
harmless), and did not require stringent precautions for pregnant women and
children.
This despite the fact that a recent court settlement, filed
by the Consumers for Dental Choice, required the FDA to withdraw claims of
mercury amalgam's safety from its Web site and issue an advisory indicating
that:
"Dental amalgams contain mercury, which may have neurotoxic
effects on the nervous systems of developing children and fetuses."
Their decision stood in direct contradiction of the
conclusions of both the International Academy of Oral Medicine and Toxicology
(IAOMT), and the FDA's own panel of scientific experts! But this was just
business as usual at the FDA, which has a consistent track record of ignoring
their own medical and scientific experts, going as far as firing or harassing
them into submission.
For a long list of other FDA debacles through the years, just
put “FDA” into my search engine.
Conflict of Interest Run Rampant at the FDA
One thing is clear, it’s simply not wise to receive a
majority of the funding from the very companies the FDA is seeking to monitor
and evaluate and protect the consumer from. That just violates any shred of
common sense.
Rather than increasing drug safety, the FDA has progressively morphed into a
mere pawn and instrument of the drug industry, which has little to do with drug
safety and everything to do with maximizing profits.
The entire operation is fraught with conflict of interest, as
their top officials shuttle back and forth between jobs in government and the
industry they're supposed to be regulating.
If you want to read one of the most fascinating interviews
I’ve ever posted on this site, read the
detailed expose by FDA whistle-blower Dr. David Graham, the FDA insider who
informed the nation about the Vioxx scandal. His candid remarks provide amazing
insights into just how scandalous the situation really is over there. A
situation that has shown no signs of change.
FDA: We Want Your Dietary Supplements
Another main funding priority for the FDA, introduced early
in the budget, is “Transforming Food Safety.” Now who could be against that?
Certainly, I am one of the strongest proponents of safe foods you’ll ever meet.
So what’s wrong with the FDA making this a top issue?
On the surface, nothing – except that, even though it has a
past history of not being able to take care of the jobs already on its platter,
the FDA now wants another job: regulating wholesome dietary supplements that you
may have setting on your kitchen counter right now.
But where does it say that in this budget? It doesn’t, in so
many words. But with the help of an act of Congress, along with this massive
budget increase, the FDA can, and will, take control of the very vitamins and
minerals you may choose to help maintain your own good health.
Dr. Ron Paul is the constitutionalist Congressman that I
interviewed just a few weeks ago. Dr. Paul believes in a minimalist government
that allows its citizens the freedom of choice when it comes to your own bodies.
For that reason he opposes legislation that gives the FDA
more and more legal powers to take YOUR choice away. To that end, Dr. Paul
opposes the Dietary Supplement Safety Act of 2010 – an act that, if passed, adds
dietary supplements to food safety, thus giving the FDA broad powers to ban
dietary supplements in all forms – and to include the ability to do this under
its transforming food safety budget next year.
This bill originated with a supposedly good cause, in
response to the use of steroids by baseball players. Sponsored by Senator John
McCain, it’s being sold as a necessary power the FDA needs for stopping things
like steroid abuse.
The only thing is, the FDA already had that power – and it
failed to do its job! Instead, it has been concentrating on activities like
regulating labels on supplements and vitamins, so that the packages on these
products cannot tell you what good they do.
For example, the FDA has banned information about
scientifically proven health benefits of cherries from appearing on both labels
and websites. It also barred health claims about the benefits of omega-3 fats
for heart, cancer, depression, body pain, and various other conditions until a
drug company pays a great deal of money to go through the approval process. (To
see an FDA list of just a few of these charges it assesses for the “privilege”
of being approved by the FDA, go
here.)
A few years ago, this agency also stopped a form of Vitamin
B6, pyridoxamine, from being sold – after a pharmaceutical company discovered
that a drug it had invented contained pyridoxamine, which had been available for
years, very cheaply over the counter.
The FDA responded to the industry pressure by banning the
sale of pyridoxamine as a supplement. As I reported in this
article, the FDA defended this decision by saying,
“To allow such an article to be marketed as a dietary
supplement would not be fair to the pharmaceutical company that brought, or
intends to bring, the drug to market.”
So there you have it, in their own words: the FDA is looking
out for its “clients” – the people they collect user fees from – rather than for
your right to choose a naturally-occurring supplement that has been around for
years before a drug company “invented” it.
Ron Paul’s Message
The FDA prefaces many of its reports with its mission
statement:
“The FDA is responsible for protecting the public health by
assuring the safety, efficacy, and security of human and veterinary drugs,
biological products, medical devices, our nation’s food supply, cosmetics, and
products that emit radiation.
“The FDA is also responsible for advancing the public health
by helping to speed innovations that make medicines and foods more effective,
safer, and more affordable; and helping the public get the accurate,
science-based information they need to use medicines and foods to improve their
health.”
In its own words, the FDA describes this as a “profound”
mission. The only problem is, this federal agency, perhaps more than any other,
not only has let its powers go to its head, but has relinquished some of them to
the very entities it is supposed to be monitoring.
Dr. Paul talks about the FDA Vitamin B6 fiasco from time to
time on his website. His message about how this pertains to the current dietary
supplement bill is clear: if the bill passes, it will make it far easier for
pharmaceutical companies to file use patents on what are now inexpensive dietary
supplements and convert them into outrageously priced “drugs.”
A prime example of this is the fish oil pill that many
cardiologists prescribe these days, Lovasa. It can cost upwards of $300 a month,
depending on whether you have insurance, and what your plan is – seven times as
much as what you pay, right now, over the counter for the same thing.
Pass the 2010 supplement bill, though – and you will see
those over-the-counter fish oil pills, as well as many others, stripped from the
shelves as the FDA’s pharma friends/clients request it.
And that is Dr. Paul’s message: you may not be able to stop
the FDA’s new budget from being funded, but you CAN stop the dietary supplement
bill.
You can do this by contacting your state legislators, right
now, today and letting them know that the FDA has enough power to play with, and
that they should get rid of this bill while they can.
Why Does the FDA Want Something Else to Regulate?
Another key component of the FDA’s new budget is higher user
fees on the companies and industries they regulate. One of those industries is
tobacco, a group that got pushed under the FDA umbrella a year ago, when
President Obama signed into law the Smoking Prevention and Tobacco Control Act.
This, too, was a bill that, on the surface, seemed like it
could only be good. It was supposed to put the FDA in a position to monitor
tobacco in such a way that it could help prevent young people from starting
smoking, and to help adults stop.
The thing is, it was backed by the largest tobacco company of
them all, Philip Morris. Not only that, Philip Morris helped draft the
legislation!
Outed by US Senator Mike Enzi, it turns out the tobacco giant
played a key role in outlining the FDA’s powers for this bill. And in the end,
the law put Philip Morris at a distinct market advantage, while the FDA was
loaded with another job and not enough money to do it.
Numerous people have published protests on this PM-friendly
law, such as Bill Godshall of Smokefree Pennsylvania, who pointed out that “it
protects the most hazardous tobacco product (cigarettes) from market competition
by the least hazardous (smokefree) tobacco products.”
In other words, this is another example of the fox helping to
guard the hen house – and another way for a big industry to have its way with
the beleaguered FDA.
But now the FDA says it can’t do this job without more money.
The only question left to ask, then, is why does the FDA need
to add the regulation of dietary supplements to its platter?
A Better Budget Would Streamline, not Inflate
In the shadow of several federal agencies releasing their
budget proposals simultaneously, something else happened recently with the FDA
with very little fanfare. On February 24, the National Institutes of Health
announced that
they were partnering with the FDA on some new projects to “fast-track
innovations to the public.”
Touting innovative medical therapies and products, FDA
Commissioner Margaret Hamburg and HHS Secretary Kathleen Sebelius said this
collaborative “will go a long way to foster access to the safest and most
effective therapies for the American people.”
So what does this have to do with the FDA’s budget?
It’s written in that 604-page monster, with $25 million
earmarked for it under “Advancing Regulatory Science for Public Health”. On page
30, the FDA explains this funding will allow it to focus on developing tools to
properly assess the safety, effectiveness and quality of products that are being
developed or are already in the market.
Those products include both foods and medical products – and
will include your daily vitamin supplement, as well, if the Dietary Supplement
Safety Act is passed.
Aside from establishing new agencies within the FDA, such as
the Office of Science and Innovation and the Office of the Chief Scientist,
which will all mean more rent and more employees with more pay, this is just a
small part of what the new collaboration will do.
You would have to read the whole document and a lot of
related materials to understand it, but the truth is there: the FDA wants more
money to create more layers of bureaucracy.
So I ask again, just exactly how will adding more layers to
an already over-burdened agency help the FDA do a better job?
Other Agencies are Getting a Boost, Too
In a February 17, 2010
newsletter on its website, the National Institute for Allergies and
Infectious Diseases announced that it is planning on a raise, too, through the
NIH:
“At this early stage in the annual budget cycle, NIH is
positioned to avoid the budget freeze that many other agencies will likely
face,” the website says.
Then, if you take a look at the NIH budget, you will see that
a number of agencies are in line with the NIAID for budget increases. Some of
this money is to accelerate the development of new vaccines – certainly an
enhancement to the FDA’s 2011 budget plans to “fast-track” new medical devices
and drugs.
The bottom line is, with the federal deficit promising to
reach at least $1.27 trillion in FY 2011, President Obama has opened the doors
for a select group of government agencies to expand their budgets, rather than
tightening their belts.
But overall, the FDA is getting the biggest boost to its
budget in what the President calls a budget freeze year. However, it’s highly
unlikely we’ll end up with an agency willing or capable of protecting your
health in any way.
Keep Yourself Safe By You, NOT the FDA, Taking Control of
Your Health!
The real solution isn't minor changes to the existing
structure, but a complete reform of the FDA. But as long as a significant
portion of the FDA's budget is being funded by the very companies they are
supposedly regulating, real change is virtually impossible.
So it’s a catch-22 that has no clear end in sight.
So, until real change takes place, please don't risk your
money or your life on a paradigm designed to profit from your ill health.
Instead, switch to natural methods that will allow your body to heal itself
without the need for the deadly drugs being pushed on you by the drug companies
and the FDA.
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