The pre-emption doctrine, that the FDA approval process protects companies from liability for bad drugs, is incredibly brazen and dangerous. Johnson & Johnson lied to the FDA, and their customers, about the ingredients in a drug for years… then when they’re found out they try to claim that they’re clean because the FDA should have caught them first.
What’s the solution? Dissolve the FDA completely. Remove the possibility of pre-emption as a legal shield. Make companies liable for their own drugs efficacy and safety, or allow them to hire their own independent review boards, with the power to run their own studies (power the FDA doesn’t have), to take the heat if something goes wrong.
It’s got to work better than the system we have now, what with the slow pace of drug approval (even drugs that have been used for decades in other countries), drugs that are held up for political reasons, and the noisy and expensive lawsuits surrounding FDA approved drugs like Vioxx and Zyprexa.
So why not deregulate?
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