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  • 14
    Sep
    2012
    4:44pm, EDT

    Pet jerky treat death toll: 360 dogs, 1 cat, FDA says

    courtesy the Mawaka family

    Toby, a 6-year-old Boston terrier, died in May after his owners say he was sickened by chicken jerky pet treats made in China. At least 360 dogs and one cat have died in the past 18 months after eating the treats, according to reports to the FDA.

    By JoNel Aleccia, Senior Writer, NBC News

    At least 360 dogs and one cat reportedly have died in the U.S. after eating chicken jerky pet treats made in China, even as claims of illnesses tied to the products have topped 2,200, federal veterinary health officials said.

    Food and Drug Administration officials this week issued the first summary of reports of pet deaths linked to the jerky treats in the past 18 months, along with the strongest suggestion to date that owners might want to avoid the products all together.

    “The FDA is reminding pet owners that jerky pet treats are not necessary for pets to have a fully balanced diet, so eliminating them will not harm pets,” agency officials said in an online report.

    At the same time, the FDA said it will begin testing treats to see whether irradiation of the products may have contributed to reports of treat-related problems ranging from diarrhea and vomiting to kidney failure, Fanconi syndrome and death.  

    In 2009, the Australian government halted irradiation used to sterilize cat food after reports of paralysis and other problems appeared to be linked to the process. Ninety cats were sickened, of which 30 died, according to press reports at the time.

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    U.S. regulations allow pet food, including pet treats, to be irradiated up to a maximum of 50 kiloGrays to provide microbial disinfection or elimination of other pathogens. By contrast, most foods for human consumption are limited to far lower levels, 1 kiloGray maximum for fresh foods and 3 kiloGrays for fresh shell eggs to eliminate salmonella, for instance. The upper limit is 30 kiloGrays for spices or dry dehydrated seasonings -- except for frozen packaged meats for astronauts, which may be irradiated at levels up to 44 kiloGrays.

    It’s not clear whether or how irradiation may contribute to illnesses in pets. The process is widely regarded as safe and even necessary by food safety experts such as Christina Bruhn, a researcher in food science and technology at the University of California at Davis.

    Keith Schopp, a spokesman for Nestle Purina PetCare Co., confirmed that his firm's Waggin' Train brand products are irradiated. 

    "This is similar to what is used in sterilizing spices, apples, tomatoes and meat for human food," he said in an email to NBC News. "The extra precaution is taken to assure pet owners the treats they buy are safe and healthy."

    FDA officials indicated they would ask NASA -- which has expertise in the effects of irradiated food -- for help in their analysis.

    Investigating irradiation's effects on pet treats will be the latest avenue for an agency stumped by rising reports of deaths and illnesses in pets. The treats are part of an estimated nearly 86 million pounds of pet food imported to the U.S. from China each year.

    In China, people mostly prefer the dark meat of chicken, leaving a large amount of light meat products available for export. Much of that has been funneled into pet treats, including pet jerky treats that are considered the fastest growing segment of the pet food market, the FDA indicated.

    Courtesy Susan Rhodes

    Susan Rhodes of Port St. Lucie, Fla., believes her dog, Ginger, developed kidney failure after eating chicken jerky pet treats made in China. The Food and Drug Administration has received some 2,200 reports of illnesses or deaths tied to the treats.

    Since 2007, the FDA has received growing numbers of reports of illnesses and deaths in pets fed the jerky treats. Repeated tests at FDA laboratories, at the agency’s Veterinary Response Laboratory Network, and by other animal health diagnostic labs across the country have failed to detect any microbiological, chemical or other contaminants in high enough levels to cause the symptoms in the pets.

    “To date, none of the testing results have revealed an association between a causative agent and the reported illnesses,” the FDA said.

    Most of the complaints concern treats made of chicken, including chicken tenders and strips, but the FDA also has cautioned consumers about treats made of duck and sweet potato and products where chicken or duck jerky is wrapped around dried fruits, sweet potatoes or yams.

    The situation has frustrated pet owners who blame the deaths and illnesses of their animals on tainted treats. Several lawsuits have been filed against the firms that sell the treats and the companies that make them, including Nestle Purina, which makes the popular Waggin’ Train and Canyon Ranch jerky treat products, and Del Monte Corp., which makes popular Milo's Kitchen Home-style Dog Treats.

    Last month, Food & Water Watch, a consumer advocacy group, along with pet food safety advocates Mollie Morrissette and Susan Thixton, delivered a letter to the FDA and a petition signed by 18,000 consumers urging the agency to take stronger action, including recalling the treats.

    "I could not believe FDA was being pushed around by the Chinese," said Tony Corbo, the Food & Water Watch lobbyist for safe food. "That infuriated me. This is the impotent FDA."

    The pet treat manufacturers have repeatedly said their products remain safe to feed as directed. The FDA has said it cannot recall products based on consumer complaints alone.

    The agency sent inspectors to five plants that make pet treats in China in April, but Chinese officials refused to allow the investigators to take samples of the treats for analysis in a U.S. lab. Instead, Chinese officials insisted they be tested only in China.

    The FDA released inspection results for four of the plants, but not for the fifth. In their latest update, FDA officials said one firm had falsified receiving records for glycerin, which is a primary ingredient in nearly all jerky treat products. After that inspection, the Chinese authority, the Administration of Quality Supervision, Inspection and Quarantine, or AQSIQ, told FDA it had seized products and suspended their export until the problem was corrected.

    FDA officials declined to tell NBC News the name of the firm, the levels of glycerin detected or the volume of pet treats seized and banned from export. An agency spokeswoman said that information would be available only through a public records request.

    For his part, Corbo said he plans to attend the last Pups in the Park event of the season at the Washington Nationals vs. Milwaukee Brewers baseball game on Sept. 22. He'll hand out leaflets warning pet owners about the dangers of jerky treats because he believes FDA isn't doing the job. 

    "If the FDA wants to join me, they're welcome to," Corbo said. 

    Related stories:

    • China stiff-arms FDA on jerky pet treat testing, reports show
    • 3 big brands may be tied to jerky illness in dogs, FDA records show
    • Jerky treats from China blamed for pet deaths; owners sue

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    558 comments

    as simple as , DON'T BUY ANY TREATS FROM THAT COUNTRY..... but the FDA should stop this crap coming from China. WTF....... everything from china is a piece of crap......

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    Explore related topics: fda, irradiation, jerky-treats
  • 31
    Aug
    2012
    12:14pm, EDT

    Medical equipment distributor files libel claim over report on fat-melting device

    By Myron Levin
    FairWarning.org

    A medical device distributor has filed a libel claim against FairWarning, the consumer group Public Citizen and several other parties, claiming they made false statements about the company’s sales of a fat-melting device called the LipoTron 3000.

    The complaint filed in Fort Worth, Texas, by Advanced Aesthetic Concepts, LP states that a July 11 FairWarning article about unauthorized LipoTron sales was inaccurate and has caused economic harm to the company and its top executive, Mark Durante. (Open Channel also published the article.)


    It also states that, following publication of the article, Public Citizen defamed Advanced in letters urging the U.S. Food and Drug Administration and state medical boards to take enforcement action.

    Filed Aug. 22 in Tarrant County District Court, the suit also targets two whistleblowers who provided information to FairWarning and Public Citizen, and Medical Spa MD, a blog that has followed the controversy.

    Along with unspecified damages, Advanced is seeking a court order to bar the defendants “from making, speaking, creating, commenting, or writing, anything about Advanced, Mr. Durante, the LipoTRON 3000, the Lipo-EX Program.’’

    Allison Zieve, general counsel of Public Citizen, said documentation obtained by her group “supports the truth of the statements in the Public Citizen letters.” She said she expects to seek dismissal under a Texas law banning SLAPP suits — or strategic lawsuits against public participation — “because the suit seeks to stifle speech about a matter of public concern.”

    The LipoTron device has for several years been promoted by doctors and medical spas as a revolutionary way for people to slim down. Designed to eliminate fat with radiofrequency waves, rather than through invasive surgery, it is distributed by Advanced and manufactured by RevecoMED International of Fullerton, Calif.

    The libel claim, which expands an existing lawsuit against one of the whistleblowers, says the defendants have made several false statements, including that the LipoTron has been marketed without FDA approval, and that the agency is conducting an investigation. It also says defendants inaccurately equated the LipoTron with the Lipo-Ex program -- which includes several treatments and devices, including the LipoTron -- that Advanced markets to doctors and medical spas.

    Interviews and documents reviewed by FairWarning, however, indicate that the FDA is investigating LipoTron sales. The agency has declined comment, citing a policy not to discuss investigations or confirm if there is one.

    As reported by FairWarning, the LipoTron has never been cleared or approved by the FDA for weight-loss treatments, which would make it illegal to market it for that purpose. In 2011 –several years after sales commenced -- the LipoTron was registered with the FDA for a different use.

    Reveco, the manufacturer, tried unsuccessfully in 2007 and 2009 to get FDA clearance, which requires showing that a device is similar in safety and effectiveness to others already on the market.  In September 2011, the Texas State Department of Health Services issued a warning letter to Advanced for marketing the LipoTron without an FDA clearance.

    About the same time, Reveco registered the LipoTron as an electronic massager. Calling it a massager made it, in FDA parlance, a Class 1 device -- a category that includes such low-risk items as elastic bandages, and bypasses agency review.
    According to the Advanced lawsuit, since the LipoTron had a Class 1 registration, statements by the defendants about its approval status were false (The Class 1 registration was noted in the FairWarning article.).

    The FDA has been aware of the situation at least since January 2010, when the whistleblower- defendants -- one a former LipoTron distributor -- provided sales records and other documents to an agency investigator.

    The lawsuit charges Paige Peterson, the former distributor, and Belinda Worley, a marketing consultant, with leading “a smear campaign’’ to cause financial harm to Advanced and Durante, including by disparaging them on the Internet and through social media.

    Peterson denied that she has slandered the company. “The proof’s in the pudding,” she said. “It will all come out.”

    As a LipoTron distributor from 2007 to 2009, Peterson acknowledged that she had sold dozens of the devices despite knowing they lacked FDA clearance. “All of this started with me turning myself in for my culpability with all this,” she said.

    The libel claims expand a previous business dispute between Durante and Peterson.

    In 2009, Reveco dropped Peterson and made Advanced its lead LipoTron distributor. A few months later, Advanced sued Peterson to recover more than $60,000 that Advanced had inadvertently wired to Peterson’s bank account, but that she refused to return.
    A Fort Worth judge ruled in favor of Advanced, ordering Peterson to return the money. She had filed for bankruptcy, however, and did not repay the funds. The Advanced lawsuit remained dormant until last week, when it was amended to add libel claims against FairWarning and the other defendants.

    FairWarning.org is an online, nonprofit publication that seeks to provide robust, public interest journalism on issues of health, safety and corporate conduct.

    More from Open Channel:

    • Could super PAC-backed third-party candidates sway presidential race?
    • CIA ends investigation of terror detainees' deaths without charges
    • S. African telecom firm helped Iran evade US sanctions, documents show
    • Vote on an iPad? Technology could supplant voter IDs at polls
    • One of the most dangerous cities in the US plans to ditch its police force
    • Navy sought to stifle concerns about radiation at ex-base, emails show
    • Drug ingredients made in China entering market with little oversight

     

    Follow Open Channel from NBCNews.com on Twitter and Facebook

     

     

     

     

    3 comments

    So the company is suing for libel, even though there's evidence supporting the claims made against the company? Dog bless the USA.

    Show more
    Explore related topics: fda, device, fat, featured, lipotron, revecomed
  • 11
    Jul
    2012
    1:07pm, EDT

    Fat-melting device a weighty matter for FDA

    Lilly Fowler/ FairWarning.org

    The RevecoMED International offices in Fullerton, Calif.

    By Myron Levin and Stuart Silverstein
    FairWarning.org

    For several years, doctors and medical spas around the country have touted a fat-melting device called the LipoTron 3000, or Lipo-Ex, as a revolutionary way for people to slim down.


    Follow Open Channel on Twitter and Facebook.


    Signature Medical Spa in Tampa, Fla., in an online pitch for its “Lipo-Ex Spring Fling Fat-Off!,” described the technology as “truly the only non-invasive way to reduce fat.”

    Praise also came from Sculpt Medical Spa in Chicago, which called the procedure  “the most innovative, effective, and technologically advanced” non-surgical method of removing fat.


    Doctors have appeared on TV news shows in Houston, Phoenix and Miami to promote LipoTron treatments.

    These testimonials have translated into millions of dollars in sales for physicians,  med spas, and the device’s manufacturer, RevecoMED International of Fullerton, Calif.

    But there’s a problem: The LipoTron, which targets fat with radiofrequency waves, has never been cleared or approved by the U.S. Food and Drug Administration, which would make it illegal under federal law to sell or promote it for weight loss.

    The FDA is aware of the activity. But an investigation by FairWarning found that the agency has not taken enforcement action — even though it has known about the situation at least since January, 2010. At that time, two whistleblowers, one a former LipoTron distributor, provided sales records and a trove of other documents to an FDA criminal investigator.

    The case spotlights the booming, multi-billion-dollar business of aesthetic medicine—and the willingness of some doctors and med spas to use unapproved devices as they vie to be first with the latest technologies to smooth wrinkles, tighten skin and sculpt the body.

    The FDA won’t say if it is investigating Reveco, citing a policy not to discuss investigations or acknowledge if there is one.

    For his part, RevecoMED President James S. Rosen said the agency hasn’t contacted the company. He asserted that, “As of today, we are compliant with the FDA.”

    Still, for observers such as Dr. Patricia K. Farris, a clinical associate professor of medicine at Tulane University and a spokesperson for the American Academy of Dermatology, the situation is baffling.

    Told of the unauthorized sales, Farris responded: “It shocks me the FDA would not have cracked down on them.”

    “I mean, radiofrequency is an electrical device, and you can’t just be throwing these things in the marketplace without doing the right studies to make sure that, A, the device is safe and, B, that the thing does something and has some benefit.”

    Dr. Suzanne Yee, a Little Rock, Ark., plastic surgeon whom Reveco asked several years ago to take part in a LipoTron study, said she was surprised to learn that the company already was selling the device.

    She noted that some medical spas have falsely stated on their websites that the LipoTron is FDA-approved. “It’s not FDA-approved,” Yee said. “I think that’s dishonest.”

    There have been scattered incidents of patients receiving minor shocks and burns from LipoTron treatments, but no known reports of serious injury.

    While the FDA has failed to act, the Texas Department of State Health Services issued a warning letter last September to a Fort Worth distributor for marketing the LipoTron without FDA clearance. According to an agency report, Mark Durante, managing partner of Advanced Aesthetic Concepts, told state investigators that the LipoTron had been cleared by the FDA, but later corrected himself to say paperwork had been filed but no clearance yet given.

    Durante told FairWarning that, in response to the warning, his company changed some language on its website. However, a spokeswoman for the Texas agency said it recently opened a second complaint investigation of Advanced Aesthetic Concepts.

    Selling for as much as $85,000, the LipoTron passes radiofrequency waves through the body to heat, and destroy, fat cells. According to Reveco, the procedure targets subcutaneous fat, which is just below the skin, as well as visceral fat surrounding the vital organs, but without harming adjacent tissues. Spas typically recommend six to eight treatments for about $400 each.

    According to interviews and records, Reveco first sought a green light from the FDA in 2007. It chose the FDA’s market clearance procedure, which is less demanding than the formal approval process.

    To get a new device cleared this way, the manufacturer must show it is similar in safety and effectiveness to products that are already on the market.

    However, Reveco’s bid failed. The company’s initial application “wasn’t in-depth enough,” Rosen said, and the FDA repeatedly sought additional data. Finally, according to Rosen, “We said, ‘You know what, it’s not worth it.”

    According to interviews and a document reviewed by FairWarning, the FDA then told Reveco that the device could not be marketed.

    LipoTron sales continued, however. Rosen wouldn’t disclose how many of the devices have been sold, but the number is believed to be in the low hundreds.

    In 2011, Reveco took another tack with the FDA. It classified the LipoTron as a massager used for relief of minor pain. That would make it, in FDA parlance, a Class 1 device — a category that includes such simple, low-risk items as elastic bandages and examination gloves.

    The advantage for Reveco is that massagers can be sold without a green light from the FDA. They automatically are exempt from FDA review and can be put on the market once a notice is filed.

    Yet doctors and med spas have been promoting the device on the Internet not for massages but for removing fat.

    Rosen said that was not Reveco’s responsibility, stating that the company can’t dictate what doctors do or “police everything out on the Internet.”

    Asked who would pay $85,000 for a massager, Rosen replied: “Anybody that wants to buy it.”

    Physicians are free under federal law to prescribe unapproved, or “off-label,” uses of drugs or medical devices — but only if the products have been cleared or approved for another purpose, according to the FDA.

    FDA spokeswoman Sarah Clark-Lynn said in an email that if a device is not legally on the market, “a physician should not have been able to obtain it, much less use it on a patient.”

    Dr. Sherwood Baxt, a New Jersey plastic surgeon who advertised the procedure in a promotional video, said that when he bought the LipoTron he wasn’t troubled by its lack of FDA clearance. He explained that he had used unapproved devices before and, while he considered the agency’s green light a marketing advantage, he didn’t consider it necessary.

    Besides, Baxt said, “We were told FDA approval was imminent.”  It didn’t work out that way, however, and, he said, “After two years, I just stopped asking.”

    He continues to use the device for skin tightening on certain patients but quit using it for fat reduction. For fat reduction, Baxt said, “It wasn’t as effective as I thought it was going to be.”

    The FDA was informed of the unauthorized sales through an anonymous call. Paige Peterson, a former LipoTron distributor, and Belinda W. Worley, a marketing consultant who worked with her, told FairWarning they dialed in from a hospital phone in hopes the call could not be traced.

    But they agreed to meet with criminal investigator Evan Rae a few days later at a Hilton inn in Waco, mid-way between Rae’s office in Austin and Dallas, where Peterson and Worley lived.

    They found a quiet spot  in the lobby bar, which was closed in the morning, and talked for a couple of hours. Peterson said she gave Rae a detailed statement, a computer flash drive and copies of records, including emails, memos and invoices. Rae taped the conversation and snapped photos of the LipoTron 3000 the women had brought along. Rae declined to be interviewed.

    Peterson told FairWarning she had made 39 LipoTron sales, even though she was aware the device had not been cleared by the FDA. The evidence she gave Rae “was just as damning of me as everybody else. I have zero assurances that the FDA is not going to arrest me.”

    Peterson admitted there was no love lost between her and Reveco. She said she had paid out-of-pocket for some research costs aimed at getting FDA approval, but had not been reimbursed. And she said the company dumped her as a distributor in favor of another sales group.

    But Peterson also said Reveco had misled her with repeated assurances it was taking all proper steps and FDA approval was imminent—and spread this misinformation to some anxious customers.

    “I had run out of acceptable answers to give the doctors that had purchased the LipoTron,” she said. “I needed to fall on my sword and tell the truth.” Better to come clean, Peterson decided, than to wait for the FDA “to come knocking on my door.”

    While declining to comment on Peterson’s statements, Rosen said she had gone over to “the dark side.”

    “She’s a person that’s vindictive,” he said. “She’s doing it out of spite.”

    For her part, Peterson says that after 2½ years she is surprised and frustrated by the apparent lack of action.

    “Why do we have an FDA?” she asked.

    “I tried to do what I thought was right, and nobody’s doing anything about it. Everybody gets to thumb their nose at the law.”

    FairWarning.org is an online, nonprofit publication that seeks to provide robust, public interest journalism on issues of health, safety and corporate conduct.

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    48 comments

    STOP EATING CRAP. The end.

    Show more
    Explore related topics: fda, device, fat, featured, lipotron, revecomed
  • 1
    Jun
    2012
    2:57pm, EDT

    How the FDA allows dangerous chemicals to be used in food packaging

    It sounds like a fine idea: "Good Laboratory Practice." But critics say that reliance on this standard of scientific test by the U.S. Food and Drug Administration has allowed dangerous chemicals to be used in foods and food packaging.

    The nonprofit group 100 Reporters has this interesting story, Good Practice v. Good Science, researched and written by Clare Howard.

    An excerpt:

    In a recent decision to permit continued use of a chemical in food packaging that research has tied to cancer, diabetes, miscarriages and developmental delays in children, the U.S. Food and Drug Administration has favored two industry-funded studies over more than 1,000 independent analyses finding the chemical poses serious risks to human health.

    The FDA’s decision on bisphenol A was not an isolated, or even unusual, call. For more than 30 years, U.S. regulatory agencies have relied on an arcane rule for approving chemicals used in everything from food packaging and drugs to pesticides and electronics, one that favors industry-funded reports over independent academic research.

    That process exalts studies that follow design standards known as “Good Laboratory Practice,” and discounts research that may be confirmed through peer review, but do not follow the GLP protocols. Favoring GLP has given a green light to hundreds of chemicals and products from nicotine to atrazine linked to human disease and chronic health conditions.

    Critics contend that the protocols, defended by the chemical industry, have become an arbitrary barrier, shutting out important independent research. In the case of BPA, a common chemical used in food packaging, adherence to the protocol largely overrode studies linking BPA to breast cancer, prostate abnormalities, low sperm count, developmental disorders, heart disease, obesity and diabetes.

    Read the full story at 100 Reporters.

    8 comments

    Interesting posts. The result of the dangerous chemicals? hmmmmmm.

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    Explore related topics: fda, science, food-safety
  • 13
    Mar
    2012
    8:55am, EDT

    3 big brands may be tied to chicken jerky illness in dogs, FDA records show

    waggintrainbrand.com

    Waggin' Train Wholesome Chicken Jerky Tenders were among 13 Nestle Purina brand treats listed among 22 complaints being investigated by the Food and Drug Administration. The treats, made in China, have been tied to reports of illnesses and deaths in dogs.

    By JoNel Aleccia, Senior Writer, NBC News

    Stumped by mysterious illnesses in at least 600 dogs in the U.S., federal health officials have turned to consumers for help investigating problems possibly tied to chicken jerky pet treats made in China.

    A log of complaints collected from pet owners and veterinarians contains references to at least three popular brands of jerky treats that may be associated with kidney failure and other serious ailments, according to internal Food and Drug Administration documents obtained by msnbc.com.

    Of 22 “Priority 1” cases listed by the FDA late last year, 13 cited Waggin’ Train or Canyon Creek Ranch jerky treats or tenders, both produced by Nestle Purina PetCare Co., the records show. 

    Another three listed Milo’s Kitchen Home-style Dog Treats, produced by the Del Monte Corp. The rest listed single brands or no brand.

    Priority 1 cases are those in which the animal is aged 11 or younger and medical records that document illness are available, an FDA spokeswoman said. In many cases, samples of the suspect treats also are collected.

    The report, obtained through a public records request, is the first agency indication of any brands linked to illnesses that have climbed since the FDA warned pet owners about jerky treats in November. That was the FDA's third caution about the pet products since 2007.

    Nestle Purina and Del Monte officials said their treats are safe and FDA regulators said repeated tests have shown no absolute tie to any brand or manufacturer.

    “No specific products have been recalled because a definitive cause has not been determined,” FDA officials said in a statement.

    The internal report, overseen by the FDA’s Coordinated Outbreak and Response Evaluation, or CORE, group, is one of several ongoing assignments in which FDA regulators are seeking jerky treat samples and medical records of dogs that may have developed kidney failure, liver disease or Fanconi syndrome, which can lead to serious illness and death.

    The recent complaints were filed from October through December by people in cities from California to New York, but the agency will continue to accept them.

    “We still invite owners and veterinarians to submit complaints and samples,” said Siobhan DeLancey, an FDA spokeswoman. “The more information we have, the more likely we can find a link.”

    The move comes as the FDA is under growing pressure from consumers and lawmakers to address rising numbers of illnesses blamed on the China-made treats. Before the warning was issued in November, the agency had logged 70 reports of illnesses tied to the treats last year. Since then, more than 530 additional complaints of illnesses and some deaths have been filed, officials said.

    Courtesy Robin Pierre

    Bella, a 2-year-old pug, died last fall after her owner, Robin Pierre, said she ate Waggin' Train chicken jerky treats.

    Consumers who say their dogs were sickened or killed have launched at least three petitions demanding recalls of jerky pet treats made in China, including one begun in December that has more than 3,400 signatures from the U.S. and around the world.

    “At the slightest doubt, these products should have been recalled, especially knowing there was a link or at the very least a caution/warning label put on the packaging warning the consumers,” said Robin Pierre, a co-founder of “Animal Parents Against Pet Treats Made in China.”

    Pierre, 49, of Pine Bush, N.Y., believes Waggin’ Train chicken jerky treats were responsible for the sudden death last fall of her previously healthy 2-year-old pug, Bella, who developed kidney failure. 

    “The last week of her life was nothing but misery and pain, separated from her family, she died all alone, in a cage, despite the fact that she had a family who loved her,” Pierre wrote in an email to msnbc.com. “She meant the world to me and my family.”

    Courtesy Susan Rhodes

    Ginger, a 14-year-old family dog, sparked one of three petitions after she developed kidney failure possibly tied to chicken jerky pet treats. Her owner, Susan Rhodes, 51, of Port St. Lucie, Fla., wants the treats pulled from the market.

    More than 375 people have signed a petition launched last week by Susan Rhodes, 51, of Port St. Lucie, Fla. She believes her 14-year-old dog, Ginger, may have developed life-threatening kidney failure after eating chicken jerky treats. She was stunned to hear that consumer complaints alone can’t force the FDA -- or a company -- to recall potentially tainted products.

    “That is just unreal. I am not happy with that,” Rhodes said.

    For their part, FDA officials said the companies are free to enact a voluntary recall at any time.

    Lawmakers call for action
    Lawmakers, however, are demanding stronger FDA action. Ohio Democrats Sen. Sherrod Brown and Rep. Dennis Kucinich in February called on the FDA to step up investigation of tainted pet treats.

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    In a response sent late last week, an FDA official told Brown the agency “continues to actively investigate” the reports and to pursue testing for chemical and microbiological contaminants.

    On Monday, Brown called the agency’s response “inadequate” and urged prompt release of results of 153 pending tests on the Chinese-made treats.

    “I will continue to press the FDA on this issue because Ohio consumers shouldn’t have to worry about the safety of their pet’s food,” he said in a statement.

    Since 2007, FDA scientists have analyzed jerky treats for evidence of dangerous toxins, including heavy metals, melamine, melamine analogs and diethylene glycol, chemicals used in plastics and resins.

    So far, they’ve found nothing convincing, a point emphasized by Keith Schopp, director of communications for Nestle Purina.  He noted that FDA officials also suggest that illnesses may be a result of causes other than eating jerky treats.

    “Our chicken jerky treats are safe to feed as directed,” said Schopp. “The safety of our products -- and the pets who consume them -- are our top priorities.”

    The company has a comprehensive food safety program in place, he said, including at manufacturing plants in China.

    Pierre, who lost her dog, has little faith in pet food manufacturers -- or in the FDA.

    “Actions speak louder than words and there has been no action from them up until now,” Pierre said. “Waggin’ Train has hid behind the technicality that the FDA cannot find the link and the FDA has let them.” 

    Consumers can report illnesses to the FDA's pet food complaint site.

    Related stories:

    Chicken jerky treats linked to mysterious illness, deaths in dogs

    More dogs sick as FDA steps up scrutiny of chicken jerky pet treats

     

    690 comments

    No more tainted food (for pets or humans) from China. Why import food when we could have better quality, better tested, USA worker made/processed food from home? It's a no brainer.

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  • 4
    Mar
    2012
    8:31pm, EST

    In India, oversight lacking in outsourced drug trials

    By Tim Sandler
    NBC News

    GUJARAT, India – Rambha Gajre was desperate. She and her family faced eviction from their cramped, tin-roof hut if she didn’t soon repay loans she used to cover life-saving medical treatment for her son.

    David Lom/NBC News

    When Rambha Gajre and her family faced eviction from their cramped hut in Gujarat, India, she signed up to be a human guinea pig in drug trials for foreign pharmaceutical companies.

    Hauling bags of concrete mix for $1 a day wasn’t nearly enough to pay back the money she borrowed to pay a doctor to repair a hole in her son’s heart, let alone feed her family of five more than one meal a day.

    “Many people commit suicide,” she told “Dateline NBC,” “and I didn’t want to become one of those and I didn’t want people to think I did it to avoid repaying. I have two young kids, 10 and 12 years old. What would become of them?”

    So Rambha did what thousands of other desperate women and men from India’s slums, and across the world, now do to survive -- she signed up to be a human guinea pig in drug trials for foreign pharmaceutical companies.

    “I am helpless, I have to do this,” she said. “They don’t really force us, but I don’t have a choice.”
    --------------------------------------------------------------------------------

    Now, with the money she earns from drug studies -- up to $250 per trial -- Rambha is slowly repaying her loans.

    Drug trial outsourcing to foreign countries is rapidly becoming an attractive alternative for pharmaceutical companies that are looking to save millions of dollars, avoid regulatory scrutiny and tap into a seemingly endless supply of drug study participants. 

    Americans fill four billion prescriptions each year. But some medical experts question how strong the safety net is that keeps unsafe drugs off the market.  Dateline NBC's Chris Hansen reports.

    But a year-long Dateline investigation into one of the preferred destinations for overseas drug trials, India, raises questions about lax regulatory oversight in these studies, the integrity of some of the companies contracted to run them and the reliability of the data they produce. 

    Foreign drug trials have become crucial to pharmaceutical companies looking for approval from the U.S. Food and Drug Administration to sell their products to Americans. Eighty percent of the drugs that the FDA reviews for approval now rely on some tests done on foreign soil, according to a 2010 report issued by the U.S. Health and Human Service’s Office of Inspector General. 

    The same report included another startling figure: The FDA inspects fewer than 1 percent of foreign drug trial sites, a number slightly higher than the percentage of sites inspected in the U.S. 

    “We have no idea what's going on in these clinical trials,” said Dr. Carl Elliott, a professor at the Center for Bioethics at the University of Minnesota and author of “White Coat, Black Hat: Adventures on the Dark Side of Medicine.”

    Elliot worries that the lack of oversight in foreign drug studies leaves poor, and often illiterate, people vulnerable to exploitation when companies consider test subjects part of a profit-making equation. 

    Tim Sandler/NBC News

    "Dateline NBC" correspondent Chris Hansen interviews "Rekha," another drug trial participant, in her home in Gujarat, India, which she shares with her husband and six children.

    “The faster you can get the subjects, the faster that you can do the trials,” he said. “The faster you do the trials, the faster you get the drug approved.  The faster you get the drug approved, the sooner it goes on the market and the more money it makes.”

    Testing the Testers

    With each drug trial costing an estimated $180 million in the U.S., many pharmaceutical companies are turning to places like India, where they can often pay less than half as much for their human experiments. 

    Some pharmaceutical companies, including Pfizer and Bristol Myers Squibb, have their own research operations in India. But other companies rely on foreign middlemen -- contract research organizations, or CROs -- to recruit patients, conduct tests, and analyze data that will be submitted to the FDA.

    The proliferation of CROs in India worries Dr. Chandra Gulhati, editor of the “Monthly Index of Medical Specialties,” an Indian medical journal. Indian CROs, he cautioned, are entirely unregulated and unmonitored by the government. 

    “They've just come, opened the shop and nobody is asking them any questions,” he said. “To my knowledge, not even one trial has been monitored from A to Z. … They have no legal status in this country.  Who are they?”

    To test the integrity of those unregulated companies, Dateline set up a fictitious pharmaceutical company called Malum Kinetics. The company was little more than a $13-a-month homemade website, a post office box address in New York, business cards, cell phones and an answering machine. 

    Using publicly available information, Dateline put together a plan to test a drug identical to Vioxx, a pain reliever withdrawn from the market in 2004 and linked by studies to thousands of strokes, heart attacks and deaths.  The plan was virtually the same one that Vioxx’s manufacturer, Merck, used to test whether Vioxx could shrink colon polyps. The test was halted after Merck discovered an increased risk of heart attacks and strokes.

    Dateline producers removed Vioxx’s brand and generic names from the plan, but left in other red flags that clearly identified the drug, including the drug maker’s original abbreviation for Vioxx: MK-0966. A simple Google search shows MK-0966 is Vioxx. The plan also included other simple clues, such as Vioxx’s chemical name and its approval history as a pain reliever.

    The test: Would the CROs have the basic scientific knowledge to question proposed experiments on humans with a drug already withdrawn from the worldwide market? And how thoroughly would a foreign CRO check the legitimacy of an unknown drug company offering a potentially lucrative business opportunity?

    Dateline sent the plan to two prominent Indian contract research companies, Lambda Therapeutic Research and Synchron Research Services. Both firms claim to do business with large pharmaceutical companies. 

    Along with reviewing the Dateline study plan, they were asked to develop their own plan to recruit patients, get necessary approvals, and run the actual tests. 

    Both companies put together plans, and meetings in India were arranged. 

    ‘Doctor is God’ 

    In the sprawling central city of Hyderabad, Synchron’s director of clinical operations, Narasimha Murthy, warmly greeted Dateline correspondent Chris Hansen, the purported CEO of Malum Kinetics, and his team (all of whom were outfitted with hidden cameras). They were escorted to a bare-bones conference room in a building prone to power outages.

    During a laptop PowerPoint presentation, Murthy said that Synchron was well equipped to manage a drug company’s testing from start to finish. 

    “It’s one-stop shopping,” he said.

    Murthy never indicated that he knew the drug he was bidding on to test was identical to Vioxx.

    In fact, he told Hansen that he showed part of the plan to private doctors who would be conducting the clinical trials and they did not spot any safety issues.

    “They have not come up with any queries as such,” he said. “They have no issues.”

    Murthy also noted that those same doctors would not have a problem finding patients to test the drug. Poor patients getting free treatment obediently follow their doctors’ orders, he assured Hansen. 

    “Doctor is god,” Murthy said. “So if I go to him, I will blindly follow what he says.” 

    Related story: How poor Indians are recruited for clinical drug trials

    Synchron, he said, was ready to move ahead with the plan to test Malum Kinetics’ drug on humans, though he raised the prospect that an Indian ethics panel might have concerns -- not due to safety risks, but because some patients in the study would be receiving a placebo and would not benefit from the drug. 

    “Personally, I don’t see any issues,” he said. “We can do it. I am confident that we can do it.” 

    The price tag: just over $1 million.

    Hansen was invited to meet Murthy a month later at a huge expo in Chicago, where drug companies and hundreds of potential contractors from around the world were to gather to promote their products and services. 

    Dateline's Chris Hansen confronts Narasimha Murthy, director of clinical operations for Synchron Research Services, an Indian company that claims to do business with major pharmaceutical companies, at a trade show in Chicago.

    When the two met, Hansen disclosed to Murthy that he was in fact a journalist, not Malum Kinetic’s CEO. He asked how it was possible that Synchron did not pick up that the drug they were to test on humans was identical to Vioxx, a drug so potentially dangerous that it was withdrawn from the market worldwide. 

    At first Murthy said Synchron would have detected it after more research. But minutes later, he claimed the company knew what the drug was all along. 

    “We did pick up, we did pick up,” Murthy said. “But the only thing is we didn’t share it with you at that point of time. We didn’t bring it to your notice.” 

    Synchron, he added, would never have agreed to take on the test. 

    “We definitely wouldn’t have taken it up,” Murthy insisted.  And, he added, an Indian ethics committee would have found problems with the study too, contradicting his optimism about getting approval during the meeting in India. 

    “The ethics committee would definitely halt it,” he said before turning away and walking back to Synchron’s promotion booth. 

    ‘This is a very risky trial’

    Dateline’s meeting with executives at the other CRO, Lambda Therapeutic Research, in India ended more contentiously. 

    In the fast-growing western Indian city of Ahmedabad, Lambda’s immaculate headquarters and test facilities rise above desolate slums that supply an endless stream of drug study volunteers. 

    Armed guards met Dateline’s team at the gate and directed them to an expansive reception area. A sign greeted them: “Lambda welcomes Mr. Hansen & Malum Kinetics team." 

    Dr. Philip Mathew, a Lambda vice president who ran clinical trials for a contract research company in the U.S. before joining the firm, led a tour of the vast facility, pointing out  offices, labs and scores of human test subjects. 

    “These are our volunteers,” Mathew said, walking past test recruits watching a wide-screen television in a waiting area.  The test subjects earn an average of $150 per study, he said, noting it was a fraction of what researchers in the U.S. would pay their volunteers. 

    “That’s for the entire study, as opposed to, say $150 a day, which is what the U.S. rates are,” he said. 

    In a plush boardroom, Lambda’s presentation was projected onto a large screen. One company executive said four specialists, all physicians, had reviewed the Malum Kinetics plan.

    “They came to the conclusion it’s practical,” he said. 

    Lambda’s price tag for the project: $775,000. 

    Well into the discussion, Mathew raised a concern that suggested he knew that the proposed study was fictitious. After months of correspondence with Malum Kinetics, he said his team had just realized the test drug was the same as Vioxx. 

    “It’s withdrawn currently worldwide, right?” he said. “It’s not sold …This is a very risky trial.” 

    But rather than turn down the business because of the drug’s potential deadly side effects, Mathew said Lambda was still interested in getting the trial started. 

    “We are willing to give it a fair trial,” he said. “We are in the business of doing research regardless of how challenging the project is, but we have to be also realistic.” 

    Mathew and his team said they would need to take precautions to protect patients, such as monitoring those with cardiac risks and lowering doses if necessary. 

    But the major challenge, he explained, would be persuading an Indian regulatory board to approve human testing. 

    “We have to have a huge, huge scientific argument to make the case for doing a study with Vioxx,” he said, noting that Malum Kinetics would have to help Lambda prepare a scientific case. 

    To help build the scientific argument, Mathew proposed a strategy: hire a well-connected medical opinion leader as a consultant to persuade Indian regulators to allow the drug be tested on humans. 

    “Nothing works like consultants from within India who are in this field who can speak for the drug,” Mathew said. 

    By paying a $5,000-to-$10,000 consultant fee, he added, “We can take whoever we want who is a big heavyweight in India.” 

    Asked how confident he was that a consultant could help make a winning case for a drug like Vioxx, Mathew replied, “Very confident. Very confident.” 

    He estimated the odds for approval were “fifty-fifty.” 

     “From our perspective,” he added, “we’d love to take on the challenge.” 

    “Lockdown now!” 

    The meeting ended with Lambda ready to take the study to the next level. With most of the executives gone from the room, Hansen pulled Dr. Mathew aside, and, with two open cameras now trained on him, informed the Lambda executive that he was a news reporter. Malum Kinetics, he told him, did not exist. 

    “I knew that,” Mathew said, laughing nervously. “You must be out of your mind to come here with a withdrawn drug.” 

    Unaware that hidden cameras had recorded the entire tour and meeting, Mathew backpedaled. 

    “We are fully aware of the risks of Vioxx and we never agreed to do your study,” he said. “We want to discuss with you what this is all about.” 

    Hansen reminded Mathew, “Even after we talked about this being Vioxx, you said that we could go ahead and very likely do a study.” 

    “No. Fifty-fifty it will get rejected,” he replied. 

    “Fifty-fifty we could go ahead,” Hansen said. 

    Mathew said he took offense that Lambda’s integrity was being questioned. 

    “We stand for ethics,” he said. “We work for sound scientific principles.” 

    Another Lambda executive, Mrinal Kammili, stepped in and angrily declared the interview over. With the tension in the room rising, Hansen told the executives, “If you want us to leave, we’ll respectfully leave.” 

    But Kammili blocked the door. Raising his voice, he told the NBC crew, “Please have a seat! Please have a seat!” 

    “You can’t hold us against our will,” Hansen said, moving toward the doorway. 

    Kammili responded that they were calling the police, and once again insisted that the crew be seated. 

    Security guards at Lambda Therapeutic Research, a contract research company in Ahmedabad, India.

    Mathew yelled to other staff in the room. “Call security! Lock the doors! Lock down now!” 

    A security detail quickly arrived to guard the door, detaining Hansen and the rest of the Dateline team for nearly five hours. 

    Local police arrived and logged complaints from Lambda and the Dateline crew, who were eventually escorted out of the building and brought to a small police station. 

    After reviewing the allegations, the top police inspector informed Lambda’s executives that the Dateline crew had not violated any laws.  The crew was free to leave, he said, on the condition that copies of footage taken openly at Lambda be provided to police and Lambda executives. Neither group was aware of Dateline’s hidden camera footage. 

    Assessing the risks 

    Dateline took its findings to former FDA Commissioner Dr. David Kessler. 

    “No contract research organization should undertake any clinical trial without being sure that the risks are acceptable in light of the benefits,” he said.  “And in light of what was known, that conduct is just totally unacceptable.” 

    Kessler said questions about the integrity of foreign drug trials, and those who run them, will only increase until a universal system is in place that roots out unqualified researchers. 

    “Any doctor who runs a clinical trial should be certified, should be trained, should have specific qualifications to do those trials,” he said. 

    Doug Peddicord, the director of the Association of Clinical Research Organizations, defended the industry's track record. 

    “Concerns notwithstanding, on the whole the clinical research enterprise is amazingly safe and amazingly productive,” he said. 

    Peddicord, whose organization does not include Lambda or Synchron as members, says there is too much at stake for the industry to tolerate unethical behavior. 

    “In the instances where we have seen bad actors,” he said, “we’ve often seen that those bad actors go out of business rather promptly.” 

    The pharmaceutical industry's lead trade group, Pharmaceutical Research and Manufacturers of America, declined comment. 

    U.S. Sen. Charles Grassley, R-Iowa, an outspoken critic of the FDA’s oversight of pharmaceutical companies, faulted the agency for not taking a more active role in policing clinical trials from the very beginning. 

    “They don't oversee those clinical trials until most of them are completed. Then they see the results,” he said. “To what extent can they trust the results?” 

    The FDA declined requests for an interview, but said in a statement that the agency is already "strongly engaged in the clinical research process" -- from inspecting drug makers and their contractors to monitoring drugs after they are approved for sale. 

    The agency also said it is establishing international offices to "improve its ability to oversee" the growing number of foreign drug trials. 

    Kessler believes the situation will not improve until Congress provides the FDA with the resources it needs to more fully monitor and regulate the clinical trial system. 

    In the meantime, Kessler worries about the ongoing risks -- risks for volunteers testing the drugs and for the people to whom they are ultimately prescribed. 

    “What's going to happen, and I can predict this … it’s been the history over the last 100 years.  We don't act until there's a problem.”  

    “Until people die?” Hansen asked. 

    “Regrettably.”

    240 comments

    I will blame the greedy American corporations to wanting to hire cheap labor and increase their profits. Why blame the Indians? Did they point a gun at you and tell you we want your jobs. It is these dirtbag CEO's after their bonus that are selling out our country.

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  • 2
    Mar
    2012
    12:01pm, EST

    'People keep falling sick': How poor Indians are recruited for clinical drug trials

    Dateline NBC's Chris Hansen reports from India, where drugmakers are increasingly going to do the human testing needed to bring their drugs to market.  Watch this full 'Hansen Files' report on Sunday, March 4th, at 7pm/6c.

    By Tim Sandler
    NBC News

    Few people in the slums of Ahmedabad, India, know more about the supply of human guinea pigs for clinical drug trials than Rajesh Nadia. 

    When Indian firms working for pharmaceutical companies need test subjects, they often turn to Nadia, who has carved a small niche for himself as a recruiter in the international drug-testing industry. 

    “Companies call me or send me text messages,” he told “Dateline NBC” correspondent Chris Hansen. 

    Self-confident and well-groomed with gelled hair and tight-fitting designer jeans, Nadia said he is paid about $12 for every recruit he brings to the three Indian research labs with whom he works. In a region of western Indian where the average worker earns 50 cents a day, that’s good money. 

    “I don't feel guilty,” Nadia said. “I believe conducting these studies is a humanitarian effort. So many people benefit from (the) advancement of medicine.” 


    Drug trial outsourcing to foreign countries is rapidly becoming an attractive alternative for U.S. pharmaceutical companies looking to save millions of dollars, avoid regulatory scrutiny and tap into a seemingly endless supply of drug study participants.  

    But a year-long Dateline investigation into one of the preferred destinations for overseas drug trials, India, raises questions about lax regulatory oversight in these studies, the integrity of some of the companies contracted to run them and the reliability of the data they produce.  

    Whether the studies are for birth control, diabetes, migraines or high blood pressure, money often draws volunteers into Indian drug trials. And Nadia said that many of his desperately poor recruits are so eager to enroll that they disregard potential risks. 

    “They don't regard the smaller side effects,” Nadia explained. “Sometimes, people feel weak or get body ache. They don't care about these little things because they need the money.” 

    David Lom / NBC News

    When Indian firms working for pharmaceutical companies need test subjects, they often turn to Rajesh Nadia, who has carved a small niche for himself as a recruiter in the international drug-testing industry.

    Dr. Chandra Gulhati, editor of the “Monthly Index of Medical Specialties,” an Indian medical journal, points out that luring test subjects with money violates India’s Drugs and Cosmetics Act.  The act allows some payment, but not enough to sway free will. 

    “It should never be so much that it works as an inducement,” Gulhati said. 

    In practice, however, the pay is often just that. Subjects can make up to $400, depending on the length of the study -- far outstripping traditional earnings. 

    The financial incentives can lead to study volunteers enrolling in more than one study at a time.  That not only puts their lives in danger, but it also can skew the accuracy of test results that drug companies and regulators rely on to judge a drug’s safety. 

    Asked if he was aware of volunteers taking part in more than one study at a time or ignoring “wash-out” rules designed to allow their bodies to be clean of test drugs, Nadia didn’t hesitate. “It happens. Lots of people do that.” 

    “Sometimes the subjects have to log into the system through thumbprint readers and sometimes they get caught,” he said.  “But if (the companies) need the subjects desperately, they will ignore these things.” 

    'People keep falling sick'

    Parsottam Parmar is a social worker in Ahmedabad’s slums who advocates for higher wages and ongoing health care for drug-study participants. He is alarmed by what he is witnessing. 

    “People keep falling sick,” he said. “There are many instances where there are swellings in the limbs, loss of eyesight. Several deaths have occurred … It becomes a question of human rights -- a big one at that.” 

    View from a hidden camera shows volunteers for a clinical drug trial in a waiting room of one of the companies that conducts the studies.

    The Indian government reports that across the country more than 1,500 people have died in clinical trials since 2008, many participating in studies for Western pharmaceutical companies. Because official documentation of the deaths is frequently incomplete or non-existent, it is unclear how many people died from the same illnesses that initially qualified them for certain drug studies. 

    Gulhati, the editor of the Indian medical journal, said official inquiries into drug-trial deaths are rare. 

    “Unlike the Western countries where there is an audit of each death during [a] clinical trial, we don't have a system like that at all,” he said. “So that is the biggest problem.” 

    The lack of oversight by Indian government officials, Gulhati added, has created a culture of impunity for drug research companies and the doctors who work for them. 

    He offered a recent example. In 2010, an Indian government investigation confirmed 10 deaths at drug trials sponsored by Western drug companies, including Pfizer and Astra Zeneca, at the Bhopal Memorial Hospital and Research Centre. The facility was built to treat survivors of the 1984 Bhopal gas disaster. 

    Gas survivor patients and their families said some of the doctors who enrolled them never informed the patients that they were in drug studies nor did they pay them the requisite compensation. The hospital was paid more than $200,000 to conduct the studies, according to government records. 

    Gas survivor advocates also claimed that at least one of the 13 studies conducted between 2004 and 2008 appeared to be illegal in India at the time.  

    The Indian government later cited repeated violations of guidelines and regulations during those trials conducted between 2004 and 2008, but no penalties were issued to the hospital, doctors or study sponsors. 

    In a warning letter to one company, India’s Drugs Controller General Dr. Surinder Singh wrote, “…you are hereby warned to be careful while conducting clinical trials to ensure that such deficiencies/discrepancies are not repeated in the future.” 

    The companies sponsoring the studies said that international standards and Indian laws were followed, though Astra Zeneca acknowledged errors in receiving proper consent from some patients. It said the problem was “promptly corrected.”

    FDA faces 'handicaps' overseeing foreign trials 

    Although data from overseas studies is used to help win FDA approval for drugs, the agency told Dateline in a statement that it faces “a number of handicaps in its inspections of foreign clinical sites, which are not technically under FDA jurisdiction under international law.” 

    In India, for example, the FDA said its inspectors are not legally permitted access to confidential records held by contract research firms that often do testing for Western pharmaceutical companies. It’s a law that would severely hamper any investigation into a patient’s death. 

    Satinath Sarangi, director of the Bhopal Group for Information and Action, told Dateline that the incentive for drug companies to conduct research in India is obvious. 

    “You can do it cheaply, do it with no regulation, and even if there are violations, get away with it,” he said. 

    Following reports of unauthorized drug studies on children and mentally disabled patients, India’s health minister, Ghulam Nabi Azad, told reporters last month that some companies running drug trials in India are not following regulations. 

    “Sometimes the companies don’t go by the laid-down procedures and it causes great harm to persons and individuals on which this test is carried out,” he said. 

    Even when deaths during drug trials raise questions, drug companies can eliminate those questions at little expense. 

    Last year, Azad, the Indian health minister, confirmed that 10 foreign drug companies paid an average of about $4,800 to relatives of 22 people who died during or after participating in drug trials in 2010. The amount is a small fraction of compensation paid for similar deaths in other countries, Gulhati said.  

    In the meantime, reports of illnesses and deaths linked to drug trials are doing little to deter a steady stream of willing volunteers. And Nadia sees no risk to his franchise. 

    “There is more supply than demand,” he said. “There's nothing to feel bad (about). The subjects need the money, so they go. It's as simple as that.”

    Tim Sandler is a producer for "Dateline NBC."

    224 comments

    FDA could easily stop this. Simply say that results of testing done outside of the US are inadmissible for determining US status.

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  • 30
    Jan
    2012
    5:04pm, EST

    FDA whistleblowers sue, alleging electronic spying

    By Miranda Leitsinger
    Staff Writer, NBC News

    The Food and Drug Administration electronically spied on whistleblowers who alerted the Obama administration and Congress of alleged misconduct in the agency, particularly relating to what they claim was the push to approve unsafe and ineffective medical devices, according to a complaint filed in federal court.

    Follow @mimileitsinger

    The complaint, filed on behalf of six former and current employees, alleges that the FDA and a number of others violated a host of the plaintiff's rights, including freedom of speech, association and due process; unreasonable search and seizure; and the right to petition Congress. Named as defendants are the FDA and several of its employees, the Surgeon General, the Health and Human Services Secretary, among others.

    “The heart of it is an injunction prohibiting the government from targeting whistleblowers or anyone who engages in First Amendment protected speech for surveillance. You know, routine monitoring or monitoring done to everybody on an equal basis is fine, but you can’t select people because of their whistleblowing for this type of instrusive, over-the-top surveillance, which is done without a warrant, without any limitations whatsoever," said Stephen Kohn, executive director of the National Whistleblowers Center and lead attorney on the case.


    The FDA said Monday it would not comment on ongoing litigation.

    Known originally as the “FDA nine,” the employees -- some still current, other former -- alerted the House and Energy Committee in a letter dated Nov. 17, 2008, that the administration’s Center for Devices and Radiological Health (CDRH)  had “ordered, intimidated, and coerced FDA experts to modify their scientific reviews, conclusions and recommendations in violation of the law,” according to  the lawsuit, which was filed in U.S. District Court in Washington, D.C., on Wednesday.

    In a second letter to the Obama transition team, dated Jan. 7, 2009, the scientists “raised issues of public concern, including, but not limited to, corruption within the FDA device review process, managerial misconduct, dangers to public health, welfare and safety, and retaliation against whistleblowers,” the lawsuit said.

    The FDA then embarked upon a "covert and secret search and seizure operation," including intercepting private communications sent by the plaintiffs to congressional representatives, emails sent from private accounts to other private accounts under "circumstances in which the plaintiffs had a reasonable expectation of privacy," and secretly "installed or activated spyware on all of the government-owned computers, electronic hardware, and networks used by the plaintiffs," the lawsuit alleged.

    "This spyware allowed defendants to secretly conduct additional surveillance of the plaintiffs, including ... real-time pictures or 'screen shots' of the computer screens opened by the plaintiffs," the complaint read. "These screen shots enabled defendants to secretly view information on each of the plaintiffs’ computer screens, even if the information was not saved by plaintiffs."

    Kohn said the center had learned about the surveillance through a Freedom of Information Act lawsuit, personnel actions and responses from the Department of Health and Human Services' Inspector General to an unsuccessful request by the FDA to investigate the whistleblowers.

    "I have never seen this level of monitoring. I was never even aware that they could go in and to do the Gmail-to-Gmail," he said, noting the FDA could also “figure out who’s giving information … therefore any employee who associates with a whistleblower could find themself the target of a surveillance.”

    The plaintiffs had permission to use their government-issued computers for personal purposes, the lawsuit said. Four of the original "FDA nine" chose to pursue the lawsuit.

    The number of whistleblowers grew over time, and the FDA, through the alleged spying over two years, learned of the group's strategy to alert the Inspector General, among others.

    "These numerous attempts by defendants to have the whistleblowers prosecuted for so-called unauthorized disclosures of confidential or agency information were continuously rejected by appropriate law enforcement officials," the complaint said. "Defendants completely ignored the warnings that the disclosures were authorized and protected by law. Instead, defendants continued to conduct their surveillance activities and continued to try to convince law enforcement agencies to charge one or more of the plaintiffs with a crime."

    Eventually, two of the whistleblowers, including one acting as counsel for the group, did not have their contracts renewed by the FDA, creating a "chilling effect on all similarly situated employees/contractors/officers of the defendants," the lawsuit said. Two more of the whistleblowers are no longer with the FDA: one was allegedly fired related to the whistleblowing and another was essentially removed from their post, Kohn said.

    The lawsuit highlighted areas that had raised the concerns of the FDA whistleblowers: In the 2009 letter, the group had warned that in the past, "computer-aided detection devices (“CAD”) to be used with breast mammograms were not safe or effective, but the FDA approved the devices anyway in a flawed process that ignored the science" and noted that this "type of behavior had not changed, was ongoing, and that FDA managers were still trying to approve similarly flawed CAD devices."

    In another example, a doctor had determined in early 2009 that a CT colonography device was neither safe nor effective for population screening due to a high radiation dose -- thereby raising the risk of induced cancer -- but "FDA managers indicated that they would clear the device anyway," the complaint alleged.

    "They’re very upset but they're primarily concerned as physicians to the harm that patients are suffering," Kohn said of the whistleblowers. "They’re looking at ... the dosages of radiation that people get from some of these devices or how some of the devices fail to detect cancers.”

    The doctors were being treated like "CIA agents," Kohn added. "They’re acting as if medical information is the same as … classified information on terrorism and it’s not … it’s information that patients need.”

    The FDA has 60 days to respond to the lawsuit.

    128 comments

    Can't wait for the corruption story to hit! Someone must have been taking a lot of money from medical device providers to go to these extremes.

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Bill Dedman

Investigative reporter Bill Dedman of NBC News is always looking for good investigative story ideas and documents. Bill received the 1989 Pulitzer Prize for investigative reporting, and has written full time for NBCNews.com since 2006.

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Michael Isikoff

Michael Isikoff joined NBC News in July 2010 as national investigative correspondent. He had been at Newsweek since 1994 as an investigative correspondent. He has written extensively on the U.S. government's war on terrorism, the Abu Ghraib scandal, campaign-finance and congressional ethics abuses, presidential politics and other national issues.

Amna Nawaz

Amna Nawaz is Bureau Chief/Correspondent for NBC News' Pakistan bureau. She reports for all NBC News platforms from across the country and the region. Previously, she reported for the network's investigative unit.

Mike Brunker, Investigations Editor, NBC News

Mike Brunker is the investigations editor at NBCNews.com. He's worked for the site (formerly msnbc.com) as a reporter and editor since August 1996. Before that, he was an editor at the San Francisco Examiner and Hayward Daily Review in California.

Mike Brunker, Investigations Editor, NBC News Blogroll

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Azriel James Relph

Azriel James Relph is a researcher for NBC News Investigations. He is a graduate of the CUNY Graduate School of Journalism, and was a reporter for several years at the Hunts Point Express -- a South Bronx newspaper serving the poorest Congressional District in the United Sates. He has written for Newsweek, The Daily Beast, and MSNBC.com.

Robert Windrem

Robert Windrem is investigative producer for special projects at NBC Nightly News. He is also a Fellow at the Center on National Security at Fordham Law School. He has worked at NBC News for more than three decades, focusing on issues of international security, strategic policy, intelligence and terrorism.

M. Alex Johnson

M. Alex Johnson is a reporter for NBC News specializing in national affairs, technology and data analysis. He joined NBC News in 1999 from The Washington Post.

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