The Commission vote authorizing staff to file the complaint and stipulated final orders was 5-0, with Commissioner Orson Swindle issuing a separate statement concurring in part and dissenting in part and Chairman Robert Pitofsky and Commissioner Mozelle Thompson issuing a separate statement. According to Commissioner Swindle's statement, although he agrees that spending money on cancer research promotes the general welfare, he does not support allowing Lane Labs to use its assets to fund a clinical trial of shark cartilage. When NCI undertakes a clinical trial, the government funds the study after extensive review but does not typically fund acquisition of the product. Bernstein also expressed the agency's appreciation for the assistance of the New Jersey Attorney General's Office and the Office of the U.S. Attorney for the District of New Jersey in its investigation. Stipulated final orders are for settlement purposes only and do not constitute an admission by the defendants of a law violation.
Final orders have the force of law when signed by the judge.
Copies of the complaint and stipulated final orders will be available shortly.