Should we abolish the FDA?

I’m talking about all the myriad ways in which the market forces companies to behave responsibly despite the fact that government has no interest in regulating them even if they fail. And my other point was that companies go far beyond government regulation when the market demands it. Auto safety, for example. There are hardly any vehicles on the road that only barely meet government safety standards. And why? Because consumers want more. Because insurance companies and insurance rates acts as an economic drag on cars that have less safety than others.

And what your argument fails to take into account is that you have provided exactly zero evidence that this is true. If you want to convince me, you’ll have to tell me exactly what it is about the drug market that makes people behave irrationally, and why market mechanisms that work in all the other examples I brought up cannot work for drugs. Because I’ve heard this argument over and over again. Any time someone proposes deregulating an industry, people like you come along with a lot of handwaving about how this particular industry is somehow ‘different’. I heard it with airline deregulation, with power deregulation, with airwave deregulation, with farm subsidies, yada yada yada. Put up some facts.

My point was that A) the FDA didn’t stop quackery, so it’s ridiculous to point to the existence of pre-FDA quackery as a justification for the FDA, and B) That when it comes down to serious issues of life and death, people today tend to abandon the quackery and go for the real thing. It’s one thing to wear a copper bracelet for your chronic arthritis, it’s another to refuse a doctor’s treatment for a brain tumor in favor of a copper helmet.

Quackery abounds. The market doesn’t guarantee perfect intellectual rigor in all parts of life. It just guarantees that, given what people desire, goods and services will be allocated efficiently to provide it. Clearly, what people want today is effective medicines. Quackery exists not to replace effective medicines, but to fill the gap between what people want and what they can get. No amount of regulation will prevent that.

Your claim, however, is that if the FDA wasn’t there, people would choose quackery over real medicine, because they don’t know the difference and would be exploited. There is no evidence of that. We have many, many content filters that bring us information about what works and what doesn’t, and we’d have even more of them if the FDA didn’t exist.

In fact, I’d say that medicine is even better in this regard than most markets, because most people know enough to go to a physician to seek treatment, and physicians are trained to know what works and what doesn’t. We don’t consult with personal auto mechanics when buying cars, or computer engineers when buying computers. But we do consult with doctors when seeking treatment.

Of course they do. Is there an epidemic of people dying of treatable diseases because they refused to see a doctor in favor of a quack cure? Other than people who refuse treatment for religious reasons?

Next time you’re in a grocery store, go have a look at the quackery section - the place where they sell the little magnetic bracelets, herbal medicines, and other useless crap. Look at the ailments they claim to treat. Rheumatism, general aches and pains, colds, etc. Stuff that doctors can’t or don’t treat, and for which trying alternative treatments won’t kill you.

You see the same thing with other areas of quackery. Too many people claim to believe in horoscopes, or psychics, or ghosts, or all other manner of non-scientific things. But how many people quit their jobs because their psychic told them to? How many devalued houses do you see on the market because they are ‘haunted’ by evil spirits?. How many people go to psychic college counselers, psychic car dealers, or psychic accountants?

A lot of this quackery is simply adult fantasy. It’s playtime. People indulge their beliefs because it makes the world more interesting. But when it comes down to the nitty-gritty decisions of life, they tend to make rational choices. Of course, there are always people who go off the deep end. But government regulation won’t stop them.

My point was simply that those drug industries in those countries were also highly regulated, along with other industries. There’s no evidence whatsoever that drugs in the Soviet Union were any safer than those available in the U.S. before the Food and Drug act.

The problem I have with your arguments is that you are proceeding as if the overall benefit of the FDA is scientific fact, and that those who oppose it have the burden of proof. And when proof is offered, you hand-wave it away with feelings and general statements of mistrust of ‘the market’. When evidence is offered that industries that don’t share that amount of regulation are equally or more safe, you make the unproven claim that drugs are somehow ‘special’, and that any evidence offered is therefore irrelevant.

FDA advocates never hesitate to bring up Thalidomide as their ‘proof’ that the FDA is necessary. But when opponents bring up beta blockers and the possibility that the FDA killed far more people than were ever protected from Thalidomide, it’s hand-waved away as being ‘one case’ or ‘anecdotal’. You’re quick to claim all sorts of hypothetical scenarios of what would happen with an unfettered drug market, that companies would be corrupted and the people misled. But when we point out that governments tend to be more corrupt than business, and that it’s easier to corrupt one powerful senator than to manipulate an entire market, you ignore the argument. It’s like arguing with a religious zealot.

And yet you call us the utopians.

You know, the FDA didn’t come about in some breakthrough of pure scientific reasoning. Like other departments of government, it came about because the political winds blew in a certain direction at a certain time.

You should ALWAYS be willing to re-evaluate government regulation, because so much of it is flawed, and because the conditions that bring it about constantly change. The Department of Ediucation gets huge amounts of funding - 5 times that of NASA. And yet, there’s no evidence that it’s ever done a damned bit of good. The FDA is accepted by liberals as an obvious good, a closed issue that only utopians and crackpots need discuss. And yet, the FDA’s failures are widespread. You claim that it’s more scientific and rational than the market, while complaining that every time a Republican gets elected they put in an FDA administrator who turns science on its head.

You think companies can’t be trusted to be honest, and that the market can’t be trusted to regulate companies. But you never seem to care that wide-ranging legislation that affects our choices is made by a handful of corrupt politicians with no real understanding of the issues, cutting backroom deals in Washington.

In another thread, there’s a discussion of silicone breast implants, and the pseudo-scientific nonsense that got some stupid juries to award huge damages to people who didn’t deserve them. Well guess what? The FDA banned silicone implants as a result, despite their being zero evidence that they were harmful. Does that sound like an agency beholden to rationality and science, or one beholden to political self-interest?

You claim that we have utopian faith in the market. Well, you have utopian faith in government. When I look at the history of both in terms of their ability to efficiently provide the services society needs, I know where I’ll put my money.

Now, having said all that, let me say that if I were advocating policy changes, I wouldn’t call for the dismantling of the FDA. The problem with Libertarians is that they always make the perfect the enemy of the good. Like it or not, the FDA isn’t going away, so standing on your principles and demanding it is a good way to make sure you only get 1-2% of the popular vote.

So maybe it would be better to discuss some actual real-world reforms that actually might have a shot of being passed:

  1. Eliminate the FDA’s ‘efficacy’ mandate. Let the FDA regulate drugs only to the extend that they determine that they are safe. Let the market decide if they work or not. This would seriously cut back on the time and expense of FDA drug trials, and it would allow the market to do what it does best.

  2. Allow for a universal mechanism to ‘opt out’ of the FDA approval process. This worked for AIDS drugs. Provide an alternative pathway to get around the laborious FDA process, and set up consistent rules that any drug can follow to do so. Maybe it requires the approval of a private regulatory body, or a petition with 500 physician’s names, or something. But make the rules clear and the alternative regulatory process one that companies can work with without having to go through the arbitrary process of having an exemption granted on a case-by-case basis.

  3. Tie the stringency of the regulation to the size of the population the drug is intended for. Provide a pathway for drugs to be targeted at small populations where a 100 million dollar trial makes no sense.

  4. Provide doctor’s exemptions for terminal patients. If a doctor can show that a patient is terminal, he should have much wider lattitude for using experimental drugs. Maybe there’s a ‘two-stage’ drug trial process - after the first stage, in which serious health risks or other problems have been determined, the drug should be made available for sale only to high-risk patients under the care of a doctor. It wouldn’t be part of the formal trial, but it would at least allow an early pathway out of the FDA process.

  5. Turn the FDA into an advisory commission. Let them continue doing what they do, but turn the approval process into something less absolute. Maybe FDA approval is required for government funding of drugs, but so long as all funding is private the doctor only needs to acknowledge that the patient has been made aware of the regulatory status of the drug.

There are other similar reforms that could be done that fall between, “The FDA is perfect and shouldn’t be touched”, and “Abolish the FDA”.

Why is everone just assuming that drugs would be over-the-counter if we eliminated the FDA? As long as drugs require a prescription, then doctors and patients are the ones who will together make the decision about what drugs are used. In the absence of the FDA, independent labs would test drugs and rate them-- most doctors would insist on some sort of testing independent of the drug manufacturor.

It would be simple to institute a system where new drugs could only be obtained with a doctor’s prescription. We could then have some sort of advisory panel that looks at the safety of the drugs and decides when they can go over-the-counter (based on input from practicing physicans).

This site fleshes out the argument the MF is making in the interview quoted in the OP. Go to this part of the site for evidence that the FDA does more harm than good. Lots of reading for those interesed, and lots of refernces to peer review journal articles as well.

You can always build a strawman like this. The thing is, you ignore all the forces in the market that prevent this kind of behaviour.

Shareholders may be stupid on an individual level, but institutional shareholders like mutual funds aren’t. They expend great effort to determine the viability of a business. Likewise, the people who fund the company are probably not with the, “make a quick buck and get out” plan. Nor are the large companies like Merck who would want to buy the drug and finance the trials of it likely to be with that program. And doctors who don’t want to be sued for malpractice are not likely to buy just any any drug and feed it to their patients. Absent an FDA, they’re likely to do their due diligence by reading peer-reviewed journals, or subscribing to review journals that give them the information they need, or to follow the list of drugs on their insurers approved list.

See, you’re operating under the belief that the ‘market’ is just a big, unregulated blob of people, some of whom would take advantage of others if we didn’t have the beneficient hand of government protecting us. I keep pointing to market-driven regulations against this sort of behaviour, and evidence galore that businesses simply don’t tend to behave this way, but it always seems to be ignored, and the same old, “But the rapacious capitalists will exploit us all!” argument is just repeated ad-nauseum until the debate peters out.

You can always find cases of business that behaves unethically, just as you can find individual cases of government officials being corrupted and behaving unethically. The question is whether or not on the whole the market is capable of regulating this behaviour. Not perfectly, but well enough that the benefits of the market outweigh the risks.

It’s tort avoidance, actually.

Sam Stone called UL “a branch of the insurance industry” which is sort of true, but UL Laboratories is really a searate entity, and its big North American competitor, CSA, is a private organization entirely unconnected to insurance. Their minor competitors are all private labs as well, like Entela or Intertek.

Manufacturers submit to these standards in large part because it’s how you avoid getting your ass sued off. If you make toasters, it is virtually certain that sooner or later some numbskull will jam a knife into his toaster and electrocute himself. Not having some sort of recognized certification is a surefire way to lose the impending lawsuit.

I’m not saying product certification is entirely the same as drug testing; legitimate differences have been pointed out. But the point in the other thread was essentially “Milton Friedman was a nut case/imbecile for even suggesting getting rid of the FDA” and I’m simply trying to illustrate the point that government regulation is not necessarily a good thing, and that Friedman was NOT an idiot for coming down on one side of what is, really, a highly debateable subject.

Product certification is the closest comparison there is, really, that ISN’T government-regulated. You could, of course, come up with any number of other examples of non-safety-related regulations that did nobody any good, such as the regulation of the airline industry, an example Sam has already cited - where, again, disaster was predicted if it was deregulated. Instead, air travel has become far more affordable for the common person than it ever was under regulation, with essentially none of the predicted drawbacks. The trucking industry was also regulated for a long time, and again its deregulation (in the 1980’s) was widely predicted to be horrible, and once again the results were extremely positive.

I would never use auto companies as an example of an enlightened business. They claimed when I was a kid that replacing the protruding knobs in a car would destroy their profits . People had then sinking into their skulls. They claimed seat belt would put them out of business. Them airbags. They make suvs that have crappy center of gravity and roll over. They fight to supress reports because the profit was so huge.They are true libertarian industry. If it eats into profits they won’t do it unless you force them.
People with cancer go to Mexican Clinics where they are promised they will be saved. They get financially fleeced. There are snake oil salesmen everywhere. Medicine is a field that the average consumer can not be educated to really understand what the drugs do.

As a die hard Libertarian, I say we abolish over 90% of the “Government”. There’s way too much of my tax money being wasted on pointless “issues” daily.

And let’s not forget these two words:

“Ford Pinto”

With that sweeping assertion I’m sure you’ll be able to produce the laws that forced automakers to supply their cars with ABS brakes, right? How about stability control? Traction control? Side curtain airbags? Knee bolster airbags? Reverse sensing systems? Side impact door beams? Electronic brake force distribution?

The way I’d look at it is that the regulated market forces people into the black market, which is populated with scoundrels. During prohibition, the mob ran liquor sales. Would you have bought the argument that the government couldn’t legalize alcohol because then the mob would expand greatly in power?

Foreign autos came and offered these things. The Big Three were exposed and had to follow suit. When they had the market cornered they told you what you could have.

http://4wheeldrive.about.com/cs/fordfirestone/a/firestonetire_2.htm?terms=ford+motor+company+recalls The auto companies have demonstrated a need for constant regulation. Most corporations do.

You do realize that the linked article makes my case, right? Ford wasn’t told to recall vehicles by the government. The entire issue involves market forces correcting a problem.

You may also have noticed that Ford, GM, and Chrysler’s quality problems killed them in the market, and as a result they’ve made sweeping changes to improve their quality. Again, the government didn’t do this. The market forced their hand.

You also claim that new safety improvements are because of foreign companies. First, is it then your assertion that devices like Stability Control are mandated by law in those other countries?

And you do realize that your statement - that Ford and GM and the rest were forced to improve safety because the competition was killing them - makes my point, right? In fact, it seems to me that it brilliantly makes my point. After all, the government has been regulating cars for decades, and yet, American cars apparently lagged in safety standards until they were forced by the market to improve them. So which is the more powerful force for safety?

And Guinistasia, if you think government regulations prevents safety problems such as the Pinto has, you might want to reflect back on the fact that the government passed the Pinto, and it was the big lawsuits in the private sector that forced Ford to pay the piper.

And if you think government control prevents these kinds of problems, I suggest you ask the former residents of New Orleans how they feel about that.

Still waiting to hear an actual nuanced, well cited argument that shows the is necessary, or that it does more good than harm. It’s getting a little tiring researching and writing long messages only to get responses like, “Oh yeah? Ford Pinto!” as if that means anything at all.

Although it wouldn’t hurt to have the government regulate my grammar. That last message was atrocious.

They build and hid the problem. They allowed people to die for money. How many times was it done unreported.

My point is that the companies can’t always be trusted to do what is right.

I didn’t say the government was always correct-just that the companies are not these big, wonderful, cure-all.

And if you can point to anyplace where I said that companies can always be trusted to do what it right, you’d have a point. Otherwise, you’re attacking a straw man.

Hell, I was the one that brought up Enron, so clearly I don’t think businesses are above trying to pull a fast one. My point is that this is not the norm, because the market punishes those who do it. Everywhere you look, you are surrounded by products of high quality, provided by companies trying to make a buck. And yet, they spend money to engineer quality and safety into their products.

I remember when the airline industry was being de-regulated. The same arguments were made that we hear in this thread. Airlines were going to cut safety to the bone in the process of chasing the almighty buck. Fly-by-night airlines would come along, make their money, kill people, and vanish. The airline industry was ‘special’, and de-regulation that works in other industries can’t possibly apply.

Well, here we are 20 odd years after deregulation, and airline travel costs a fraction of what it used to, opening it up to masses of lower class and middle class people who could only have dreamed of flying away on vacation 30 years ago. In the meantime, airline safety is at an all-time high. NONE of the disasters predicted by advocates of heavy regulation came true. Countless lives have been saved by getting people out of their dangerous car trips and into safer airlines.

In New Zealand, the government killed almost all farm subsidies and deregulated farming. Oh, the screams of outrage were incredible. The world was going to collapse. New Zealand’s farm industry was going to be decimated. Again, the claim was that it was ‘special’, and that the market that works for everything else couldn’t possible work for farmers. 20 years later, the New Zealand farming industry is healthier than it’s ever been.

Whenever a reduction in government regulations is proposed, people come out of the woodwork with wild theories of impending disaster if the dreaded market is allowed to work. It never happens. The entire world underwent a drastic change in the 1980’s and 1990’s. Government industrial policy receded, the market took over. Trade tariffs dropped, welfare was reformed, and industries were deregulated. All of this happened despite the bleating of social democrats and big-government liberals that this would end in disaster. Instead, the result was a boom in world GDP, an expansion of liberty, and an improvement in the standard of living through most regions of the world. None of the predicted disasters came to pass.
At some point, you might want to at least consider that big government isn’t all it’s cracked up to be. I’m not a market zealot - I’ll fully admit that there are market failures, and that some government regulation is needed here and there. That’s a far cry from a federal agency that acts as a gatekeeper over the entire drug industry, imposing severe costs on everyone trying to create new drugs, all in the name of the public good.

That doesn’t mean there’s no regulation of the drug market. The government is free to pass all sorts of laws mandating that proper records be kept, bust up true monopolies, and prosecute people who are negligent in selling dangerous drugs. There are many levels of graduation between “FDA controls all” and “wild west laissez-faire capitalism.” I described some of them a couple of messages ago.

Something I can’t help but notice in this thread…everyone seems to be focusing on drugs. You do know the FDA does a lot more than jsut regulate drugs, right?

Every medical device or implant has to get FDA approval, from the lowliest band-aid to an inplatable defib/pacemaker. I don’t know about you, but I am pretty fucking glad someone is making sure that whatever goes inside of me, if need be, works the way it’s supposed to. Would you feel comfortable having this conversation with your surgeon?

“Well, we were going to use that nice, $5000 pacemaker made by Reliable Medical Company[sup]TM[/sup], that goes through the voluntary approval process, but your insurance company doesn’t want to pay that much, so we’re just going to use this little widget that Steve the janitor whipped up in his garage out of a nine volt and some cat 5 cable.”

Obviously an extreme example that wouldn’t ever actually happen, but my point is clear. There will be a divide between the more expensive devices that decide to get the approval, and the cheaper ones that don’t. And if they don’t, then no one will know that they work for shit until they are finally used and end up injuring or killing people. I’d rather not have that defibrillator fail at the exact moment I’m having a heart attack, thank you.

Inflatable? :stuck_out_tongue:
Ohh, implantable.

But of course, airline deregulation did not actually abolish government regulation of airlines; it simply reduced certain forms of regulation, particularly in areas like pricing and route determination. Airline safety inspections and air traffic control remained in the hands of the Federal Aviation Administration. So if you’re happy about the current level of airline safety, remember to thank the government.

Again, of course, it’s absurd to equate “deregulation” of farming in NZ with actual abolition of government safety and health regulation of farms. NZ has some of the strongest governmental environmental and biosecurity protections in the world, and stringent agricultural food safety regulation. Some of these government regulations are not only federal but even (gasp!) international in character, such as the joint Australia New Zealand Food Standards Code. So if you’re happy about the current quality of New Zealand agricultural products, remember to thank the government.

These examples, like the example of UL, are typical of the usual vague and half-assed Libertarian rhetoric about deregulation. When a Libertarian tells you that a particular industry or company was “deregulated” or operates on a market basis “without government regulation”, you need to take a good hard look at the details of what the situation actually involves. AFAICT, they don’t have any significant examples of true abolition or absence of governmental regulation. And it doesn’t necessarily follow (to anyone except a Libertarian) that if a little deregulation is good, more deregulation must be better.

Good. I’m not a government zealot: I’ll fully admit that there are government inefficiencies, and that some relaxation of government regulation is needed here and there. But it’s a far cry from that kind of incremental, reality-based assessment to utopian proposals like the general abolition of governmental regulation of food and drugs, which is the subject of this thread.

Nobody denies that bad government—e.g., the Bush Administration that you’ve formerly expressed ardent support for on these boards—is bad at preventing problems. But the choice is not necessarily between no government and bad government, much as Libertarians might like to think so.

We’re also ASSUMING that the wiring is cheap, shoddy, and will short out and burn your house down.

Then again, if the free market is complete reality, wouldn’t the manufacturers of Brand X feel the need to not make shitty stuff?