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Friday, April 29, 2005

FDA: House Republicans Overstepped Legal Limits

In an impressive piece of investigative journalism for The Washington Post, Dan Morgan and Marc Kaufman report that the FDA officials found that two dozen Representatives went around the checks and balances of government at the behest of a pharmaceutical lobbyist. They write,

The German pharmaceutical giant Bayer suffered a serious setback last year when a federal administrative law judge backed a proposed ban on a drug used to fight poultry infections at factory farms. The judge cited growing scientific evidence suggesting that the practice was reducing the effectiveness of antibiotics vital to human health.

Facing defeat in a three-year legal battle, Bayer sought help in a new arena -- Congress. In a letter written in the office of Rep. Charles W. "Chip" Pickering Jr. (R-Miss.), and with the assistance of a Bayer lobbyist who was a longtime Pickering friend, 26 House members argued that the poultry medicine was "absolutely necessary to protecting the health of birds." It called on Lester M. Crawford, acting commissioner of the Food and Drug Administration, to set aside the judge's decision regarding the class of drugs. The Bayer product is known as Baytril.

The Baytril case provides an unusual look at an attempt by lawmakers to influence the executive branch's handling of an important public health issue involving parochial economic interests and complex science. In stepping in, the congressmen entered a murky area and overstepped legal limits on their involvement, FDA officials said. While members of Congress frequently write to agencies as part of regular oversight, they are not supposed to intervene in formal, trial-type proceedings.

[...]

Pickering's office said a senior House Democrat, Rep. Bobby R. Etheridge (N.C.), and members of the House Agriculture Committee were given a chance to make changes. In all, 18 Republicans and eight Democrats signed. Among them were the House's third-ranking Republican, Whip Roy D. Blunt (Mo.); John A. Boehner (Ohio), second-ranking Republican on the Agriculture Committee; and Nathan Deal (R-Ga.), who recently became chairman of the Energy and Commerce Committee's health panel. [emphasis added]
Although Republicans might take the line that members of both parties were at offense in the issue, the numbers tell the larger story. 18 Republicans, but only eight Democrats, were involved in the action. What's more, among the Republicans was Majority Whip Roy Blunt, the number three member of his party. So no matter how the GOP tries to spin this, they shouldn't be let off of the hook.
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