The Health Sciences Institute is intended to provide cutting-edge health information.
Nothing on this site should be interpreted as personal medical advice. Always consult with your doctor before changing anything related to your healthcare.

An inside look at how the FDA puts safety on the back burner

Infernal Devices

Some scientists at the FDA recently got together and wrote a letter to Congress. In a nutshell, the letter read: “Help us Obi-Wan Kenobi. You’re our only hope.”

I wish them luck. They’re going to need it.

The phantom menace

First a little background…

Two years ago I told you about a shocking survey in which about 180 FDA scientists agreed they could make this statement: “I have been asked, for non-scientific reasons, to inappropriately exclude or alter technical information or my conclusions in an FDA scientific document.”

Frightening, sad, criminal – use whatever excerpt:encoded you like, it’s probably not exactly the image the FDA wants to present to the general public.

The survey polled about 1,000 scientists who also offered these disturbing responses:

  • 20 percent said they had been “asked explicitly by FDA decision makers to provide incomplete, inaccurate or misleading information to the public, regulated industry, media, or elected/senior government officials.”
  • 40 percent said they would fear retaliation if they publicly expressed “concerns about public health.”
  • When asked if the FDA “routinely provides complete and accurate information to the public,” less than half agreed.

Many years ago, in a galaxy far far away, these revelations might have prompted Congressional outrage and a thorough FDA housecleaning. But over the past two years, it seems these trends have only gotten worse in at least one FDA division.

A new hope?

Last month, a group of FDA scientists sent an SOS to Representative John D. Dingell, chairman of the House Committee on Energy and Commerce. The letter calls for “urgent intervention” due to “serious misconduct” by managers of the Center for Devices and Radiological Health (CDRH) – the FDA division that oversees everything from imaging equipment to breast implants.

So what constitutes “serious misconduct”?

Here’s how the scientists put it: “There is extensive documentary evidence that managers at CDRH have corrupted and interfered with the scientific review of medical devices.”

And: “To avoid accountability, these managers at CDRH have ordered, intimidated and coerced FDA experts to modify their scientific reviews, conclusions and recommendations in violation of the law.”

And: “These managers at CDRH knowingly continue to make the same regulatory and scientific mistakes over and over again.”

And: “These managers seem far more concerned about ensuring their current positions and protecting and promoting their own careers and those of their cronies, than they are about ensuring the safety and effectiveness of medical devices and protecting and promoting the health of all Americans.”

In mid-November, Rep. Dingell’s committee issued a news release with this statement from Rep. Bart Stupak (Chairman of the Subcommittee on Oversight and Investigations): “Our investigations have found that the FDA has allowed contaminated food and unsafe drugs to enter the market, and now serious allegations have been raised about the scientific integrity of the FDA medical device approval process.

“Although the FDA has launched its own investigation into this matter, no corrective action has been taken. The committee intends to learn what action the FDA plans to take to ensure the integrity of the medical device approval process and prevent retaliation against the scientists who blew the whistle on these activities.”

If you were one of those whistleblowers, would you be the least bit comforted by those words? I mean, how passive aggressive can you get!? No corrective action has been taken, but don’t you worry because the committee “intends” to find out what steps the FDA is taking to police itself.

Reading between the lines, this non-investigation is going to move along at the speed of government. And all those guys who came forward are hung out to dry. Sure, their names have been withheld by Dingell’s committee, but you know their managers must have a pretty good idea of who to put on their hit list, and who to leave off.

If anything at all comes of all this I’ll let you know. Meanwhile, it’s safe to assume that “FDA approved” medical devices just might be bad for your health.

Sources:
“FDA Scientists Pressured to Exclude, Alter Findings; Scientists Fear Retaliation for Voicing Safety Concerns” Union of Concerned Scientists, 7/20/06, ucsusa.org
Letter to Representative John D. Dingell from anonymous scientists in the FDA Center for Devices and Radiological Health, 10/14/08, energycommerce.house.gov
“Dingell, Stupak to Investigate FDA’s Medical Device Approval Process” News Release, Committee on Energy and Commerce, 11/17/08, energycommerce.house.gov
“FDA Scientists Accuse Agency Officials of Misconduct” Gardiner Harris, New York Times, 11/18/08, nytimes.com

Get a free copy of 5 Household Items that Cause Cancer

By texting HSI to 844-539-1128, you are providing your electronic signature expressly consenting to be called and texted (including by prerecorded messages, using an autodialer, and/or automated means) with alerts, stories, reports, and marketing communications from Institute of Health Sciences, LLC. and its authorized representatives at the phone number you provide, including landlines and wireless numbers, even if the phone number is on a corporate, state or national Do Not Call list. You also consent and unconditionally agree to our Privacy Policy and Terms of Use, including the arbitration provision and class action waiver contained therein. Msg&data rates may apply. 15 Msgs/Month. You are not required to agree to this as a condition of making a purchase.

Terms & Conditions

The following Terms and Conditions apply to your use of the website located at hsionline.com (the “website”) and any text messages that you send to or receive from the Institute of Health Sciences, L.L.C. These Terms and Conditions constitute a binding agreement (“Agreement”) between you (“you”) Institute of Health Sciences, L.L.C (“we”, “us”, etc.)  Please read these terms carefully. 

By providing your telephone number to us, texting us a short code listed on the website, or otherwise indicate your agreement to these Terms and Conditions, you are agreeing to the mandatory arbitration provision and class action waiver below. 

ARBITRATION IS MANDATORY AND THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES RELATED TO THIS WEBSITE, THIS AGREEMENT, AND ANY TELEPHONE CALLS, EMAILS, OR TEXT MESSAGES THAT YOU RECEIVE FROM OR ON BEHALF OF US, UNLESS SPECIFIED BELOW OR UNLESS YOU OPT-OUT.

Text Messaging and Telemarketing Terms and Conditions

When you provide your telephone number on this website or send a text message to us with or from a short-code, you agree to receive alerts and communications, and marketing messages including those sent via automated telephone dialing system, text messages, SMS, MMS, and picture messages from Institute of Health Sciences, L.L.C at the phone number you provide on this website or the phone number from which you text the short code, including on landlines and wireless numbers, even if the phone number is on a corporate, state or national Do Not Call list. You also agree to the mandatory arbitration provision and class action waiver below. Your consent is not required to purchase goods or services. Message & data rates may apply.

You may opt-out at any time by texting the word STOP to the telephone number from which you receive the text messages.  Call 1-888-213-0764 to learn more.  By providing your telephone number, you agree to notify us of any changes to your telephone number and update your account us to reflect this change. Your carrier may charge you for text messages and telephone calls that you receive, or may prohibit or restrict certain mobile features, and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.

Dispute Resolution by Binding Arbitration and Class Action Waiver

Any dispute relating in any way to telephone calls, emails, or text messages that you receive from or on behalf of Institute of Health Sciences, L.L.C this website, or this Agreement (collectively “Disputes”) shall be submitted to confidential arbitration and shall be governed exclusively by the laws of the State of Maryland, excluding its conflict of law provisions.  For the avoidance of doubt, all claims arising under the Telephone Consumer Protection Act and state telemarketing laws shall be considered “Disputes” that are subject to resolution by binding individual, confidential arbitration.

If a Dispute arises under this Agreement, you agree to first contact us at 1-888-213-0764 or help@hsionline.com. Before formally submitting a Dispute to arbitration, you and we may choose to informally resolve the Dispute.  If any Dispute cannot be resolved informally, you agree that any and all Disputes, including the validity of this arbitration clause and class action waiver, shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in a location convenient to you or telephonically. Either you or we may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party.  The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration.  Except as may be required by law as determined by the arbitrator, no party or arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both parties. Institute of Health Sciences, L.L.C will pay all of the filing costs.  Without limiting the foregoing, YOU EXPRESSLY AGREE TO SUBMIT TO ARBITRATION ALL DISPUTES RELATING TO ANY TEXT MESSAGES OR TELEPHONE CALLS YOU RECEIVE FROM OR ON BEHALF OF US OR ANY ENTITY WITH WHOM WE MAY SHARE YOUR TELEPHONE NUMBER.  Further, we both agree that all entities with whom we share your telephone numbers shall be third party beneficiaries of this Agreement to Arbitrate Disputes, and that those entities have the same rights as Institute of Health Sciences, L.L.C to enforce this arbitration provision.

Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of Maryland: (i) any dispute, controversy, or claim relating to or contesting the validity of our or one of our family company’s intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; (ii) an action by us for temporary or preliminary injunctive relief, whether prohibitive or mandatory, or other provisional relief; (iii) any legal action by us against a non-consumer; or (iv) interactions with governmental and regulatory authorities.  You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.

The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement may be joined to an arbitration involving any other party subject to this Agreement, whether through a class action, private attorney general proceeding, class arbitration proceedings or otherwise.

YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE IN A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION.  HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION.  You shall have thirty (30) days from the earliest of the date that you visit the website, the date you submit information to us through the website, or the date that you send a text message to us, to opt out of this arbitration agreement, by contacting us by email at help@hsionline.com or by mail Health Sciences Institute, PO Box 913, Frederick, MD 21705-0913. If you do not opt out by the earliest of the date that you visit the website, the date you submit information to us through the website, or the date that you send a text message to us, then you are not eligible to opt out of this arbitration agreement.

Electronic Signatures

All information communicated on the website is considered an electronic communication.  When you communicate with us through or on the website, by text message or telephone, or via other forms of electronic media, such as e-mail, you are communicating with us electronically.  You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

You further acknowledge and agree that by clicking on a button labeled “ORDER NOW”, “SUBMIT”, “I ACCEPT”, “I AGREE”, “YES”, by texting a short code to us in response to a request on this website, or by clicking or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract.  You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement.  Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE.  Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means You may receive a physical paper copy of this contract by contacting us at help@hsionline.com.

Privacy Policy

Please read our Privacy Policy, which is incorporated herein by reference.  In the event of any conflict between these Terms and Conditions and the Privacy Policy, these Terms shall control.

Contact Us

You may contact us by telephone at 1-888-213-0764 or by email at help@hsionline.com.