From: hrubin@pop.stat.purdue.edu (Herman Rubin)
Newsgroups: sci.med,talk.politics.drugs
Subject: Re: FDA still at large  (long)
Keywords: FDA, unconstitutional illegal action,single-issue blindness
Date: 27 Jul 92 16:08:55 GMT
Followup-To: sci.med
Organization: Purdue University Statistics Department

In article <1992Jul26.223039.8824@intelhf.hf.intel.com> hutch@hutch (Stephen Hutchison) writes:

			............................

>The charter of the FDA is not to go after "unconventional", it is to prevent
>fraud in medicine (except for those few which were protected by "grandfather
>clauses": homeopathy and chiropractic among them), and to ensure that what
>gets sold as food, is actually nutritious and not harmful.

>They developed some regulations for ensuring the first, which need to be
>overhauled but are generally worthwhile.  They did the same for foods.
>They don't officially care about "long term harm" unless there is some
>evidence that there is some.  They aren't allowed to care about alcohol
>or tobacco, by law.

The way to prevent fraud is to prosecute fraud.  This does not mean to
prosecute non-fraudulent statements with which you do not agree.  The
people in the FDA have taken the attitude that if a claim is not proven
to their satisfaction it is fraudulent.  Some of their people may even
believe this; in that case, they should be at least totally removed from
any position of authority, and I would not object to removing them from
citizenship.

Now such a claim may or may not be correct.  But the FDA will use almost
any excuse to block something of which they personally do not approve.

			...................

>This is irrelevant.  The FDA would have stopped the fruitjuice fraud clinic
>from operating if they had the ability to do so, but as you say, they're
>in Mexico.  The parent corporation, however, is located in the USA.

If the guys making the fruitjuice claims withheld a single item of adverse
information, they should be liable.  If not, NO.

>>If the populace has become so irresponsible that they can't properly
>>make those judgement calls any more, nothing is solved by taking a
>>fraction of them and giving them decision making powers over the rest.
>>Instead, you find out why the education process is turning out such
>>irresponsible people, and slowly, painfully, and wisely remediate that.

The educational system is long gone.  Look at the discussion on
misc.education.

>Oh come on, Keith.  This is the "populace" which elected a B movie actor
>who had not completed high school, to the office of President. 

It is your judgment that he was a B movie actor.  As a professor who
believes in education, I do not care whether or not he completed high
school; that is totally irrelevant.  These people who look at grades
and degrees are a good part of the problem.  The medical schools do
this to too much of an extent.

			.....................

>>Most laws are attempted shortcuts by people too lazy to use their freedom of
>>speech to educate their neighbors, or too stupid to learn from them.

No, they are a belief that those who claim to have all the answers know what
to do in all circumstances.  Those who wish to limit human activities are
the problem, not part of the solution.

			........................

>>Freedom inspires martyrdom on the the part of those who love it.  You may
>>not understand why others are willing to take arms and die if necessary to
>>preserve the freedom to do things you dislike, but please remember that we
>>are out there, and we can be pushed too far.

>Actually, I DO understand that.  However, I think that there are places
>where it is appropriate to limit peoples' actions, and when those actions
>are harmful to others, it is very appropriate.  Medical fraud is harmful.

Then put in huge civil financial penalties for medical fraud.  Someone 
committing fraud will think twice if s/he may have to work for the rest
of his/her life to attempt compensation.  Get rid of these jail sentences
and make the miscreants pay in the coin of the realm.

But those who make full disclosure should not be liable, whether or not
they are correct.  Those who want something like the FDA to direct their
medicine, and who would rely on their assurance, should not be voters.
-- 
Herman Rubin, Dept. of Statistics, Purdue Univ., West Lafayette IN47907-1399
Phone: (317)494-6054
hrubin@pop.stat.purdue.edu (Internet, bitnet)  
{purdue,pur-ee}!pop.stat!hrubin(UUCP)