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The Honorable Richard Durbin
U.S. Senate
Washington, DC 20515
June 8, 2005
Dear Senator Durbin,
The undersigned organizations offer our strong support for your effort to prohibit
scientists with direct conflicts of interest from serving on Food and Drug Administration
advisory committees.
Your proposed amendment to the FY2006 FDA appropriations bill
will go a long way toward restoring public trust in the integrity of the FDA advisory
committee process, which has been undermined in recent months.
Under current practice, the FDA routinely waives conflicts of interest for some of
its advisory panel members. For instance, the February panel evaluating the safety of
Cox-2 inhibitors like Merck’s Vioxx contained 10 of 32 scientists with financial ties to
firms whose products were under review. Had their votes been excluded, two of the three
drugs under review would have been voted down by the panel.
Two months later, an
FDA advisory committee reviewing an application to approve the controversial silicon
gel breast implant included a scientist who had made a promotional video for its
manufacturer. As the New York Times editorialized (March 4, 2005), “Unless the FDA
makes a more aggressive effort to find unbiased experts or medical researchers start
severing their ties with the industry, a whiff of bias may taint the verdicts of many
advisory panels.”
The FDA claims that finding qualified advisers without conflicts of interest is
“very difficult” and that using less qualified scientists would harm public health.
But as
the esteemed medical journal The Lancet recently editorialized (May 14, 2005), “It is
hard to believe that in a country with 125 medical schools – not to mention the pool of
international experts – the FDA cannot find experts who do not have financial ties with
companies whose products are under review.”
Indeed, the Office of Medical Applications
of Research at the National Institutes of Health, which also conducts medical reviews,
adheres to a strict “no conflicts of interest allowed” policy when establishing its panels.
By allowing scientists with direct conflicts of interest to serve on its advisory
panels, the FDA undermines the objectivity of its outside advice and damages its
credibility with the public.
While correcting these abuses represents just one aspect of the
overall reform agenda needed to restore the FDA’s ability to effectively carry out its
mission of protecting the public from unsafe or ineffective drugs, biologics, medical
devices and food, your proposed amendment prohibiting the use of waivers on FDA
advisory panels is a necessary and timely first step.
Sincerely,
Annie Appleseed Project
Center for Medical Consumers
Center for Science in the Public
Interest
Consumers Union
National Consumers League
National Research Center for
Women & Families
National Women’s Health Network
Reproductive Health Technologies
Project
Union of Concerned Scientists
U.S. PIRG
Ann's NOTE: A similar letter was sent to Representative Hinchey in the House
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