11
   

The government shouldn't regulate ineffective drugs

 
 
Cycloptichorn
 
  1  
Reply Wed 11 Jan, 2012 06:44 pm
@Thomas,
Thomas wrote:

Cycloptichorn wrote:
Your uncle has no clue what the long-term side-effects are for using that drug off-label;

1) My uncle knows that the side-effects of not taking it, or of taking the on-label medicine, is to kill him.

Cycloptichorn wrote:
and his doctor likely doesn't either. He is taking a risky gamble.

And he won! He made the gamble 20 years ago, and he's fine. Are you telling me he should have died for your political principles?


No, I'm not - but I can't recommend a societal policy based on a lucky gamble. I'm sure you understand that position.

Quote:
My uncle is a biochemist---most people in my family are, I'm the only black sheep as the sole biophysicist. He's as capable and much more motivated than the Bundesgesundheitsamt, to judge the matter correctly. The product worked through a known biochemical pathway that would work on his obscure disease in the same way as for the more common diseases in this class (for which it was licensed.) The producer had simply not found it profitable to apply for the license.

As an aside, perhaps you shouldn't be so quick to make confident judgments about the competence of people you know nothing about.


No, I feel confident with my earlier assessment. Unless your uncle has performed a wide range of clinical trials to test the drugs' effects and side effects, all he has to go off of is anecdotal evidence. It works well for him, but would it be safe to prescribe for others? What about the interactions with other drugs that are commonly taken by patients with his condition? I do not believe he is in fact more capable than the Bundesgesundheitsamt (hope I spelled that right) in making recommendations as to whether or not that drug is safe for others with his condition to take, or effective in treating that condition.

I mean, hell. If we are to believe the accuracy of modern scientific drug testing, there's a non-zero chance that the drug works due to a placebo effect, as much as the actual chemical composition of the drug. For someone who did not already believe the drug would work, it very well might not.

Yes, the gov't policies are risk-averse; they place protecting the masses from inadvertent danger above the relatively rare cases like your Uncle. But you'd have to show that this is a net harm to society before I would support a removal of the regulatory function.

Cycloptichorn
Thomas
 
  1  
Reply Wed 11 Jan, 2012 06:51 pm
@Cycloptichorn,
Cycloptichorn wrote:
No, I'm not - but I can't recommend a societal policy based on a lucky gamble. I'm sure you understand that position.

Why should there even be a social policy? Why can't every individual pursue his or her own policy? I understand that you need a social policy about the pollution of our rivers with mercury, because everyone drinks from the same water supply. But not everyone has to take the same drugs or make the same risk assessment for them. So why not just put out the information, and leave it to the patient what to do with it?

Cycloptichorn wrote:
It works well for him, but would it be safe to prescribe for others?

I'm not going to argue with you about what to prescribe. I am arguing with you about prescribing anything rather than just informing.
Cycloptichorn
 
  3  
Reply Wed 11 Jan, 2012 07:03 pm
@Thomas,
I'm sure you can agree with me that the 99.9% of our population who are NOT bio-chemists have less ability to make these judgements for themselves than your esteemed Uncle, right?

I simply cannot agree with your Libertarian viewpoint, that we shouldn't provide assistance to the vast majority of the populace in this matter. I would also say that the cases of drugs being available that would save lives, but being illegal due to a lack of licensing, is likely exceedingly rare and FAR outweighed by the lives saved due to a limiting of the market to those drugs who can actually PROVE that they are effective for the intended purpose.

Cycloptichorn
Setanta
 
  3  
Reply Wed 11 Jan, 2012 07:04 pm
@Thomas,
Quote:
In that case, she should defer to the expertise of people she trusts on the matter. That would probably be her doctor.


I suspect that you know little about how drugs are marketed within the health care community. Salesmen aggressively push their drugs, and use any number of tricks of the trade. They will rent a broom closet and it goes on the books as "office space." They show up with a big smile on their faces, and take the ancillary staff, and sometimes even the professional staff, out for expensive lunches so that they get access to the physician or physicians working there. Once they've got their foot in the door, they hand out free samples and give advice on the pricing the doctors can use to sell these drugs to their patients. They certainly don't sit down with the doctors and exhaustively review the literature for side affects and contraindications. Some doctors, perhaps even most of them, are too busy and harrassed in their practices to even routinely review the medications prescribed for their patients--a big issue in elderly patienst who are often prescribed several mediations--to determine if there are conflict contraindications in the medication regime--never mind taking the time to study the literature on new drugs.

It's nothing but a pleasant, self-deluding fiction that one can rely upon a physician to assure that the drugs being prescribed are efficacious and non-poisonous. Even drugs which would be essentially harmless when used alone can be poisonous when prescribed to patients already receiving a multi-drug regime. Additionally, drug companies routine tinker with the chemical structure of drugs so that they can be re-issued under a new name when the formula has been released to other companies for the preparation of generic versions. Finally, drug companies advertise, at great expense, to convince people to ask their doctors for the drugs. If the press is to be believed, pharma spends more on advertiseing than it does on research and development, by orders of magnitude.

Even physicians are not sufficiently well-informed, nor have the time to assure that every new medication is safe and effective. All the more reason to have a food and drug agency.
Thomas
 
  1  
Reply Wed 11 Jan, 2012 07:07 pm
@joefromchicago,
joefromchicago wrote:
If you take an ineffective drug instead of an effective one and you die, then I'm quite content to say that the ineffective drug killed you.

Analogously, if I watch you getting stabbed and I fail to help, are you similarly confident to say that I killed you? If so, I submit that your language is incompatible with standard legal usage, which draws strong distinctions between a killing and a failure to avert one.
Thomas
 
  1  
Reply Wed 11 Jan, 2012 07:10 pm
@Cycloptichorn,
Cycloptichorn wrote:
I simply cannot agree with your Libertarian viewpoint, that we shouldn't provide assistance to the vast majority of the populace in this matter.

You are misrepresenting what you call my libertarian viewpoint. I said repeatedly that the FDA should help people. But coersion isn't helping. Information is.

Cycloptichorn wrote:
but being illegal due to a lack of licensing, is likely exceedingly rare

How do you know that? The victims are either criminalized or dead. Either way, you're unlikely to hear from them.
0 Replies
 
Thomas
 
  1  
Reply Wed 11 Jan, 2012 07:18 pm
@Setanta,
Setanta wrote:
Even physicians are not sufficiently well-informed, nor have the time to assure that every new medication is safe and effective. All the more reason to have a food and drug agency.

You are arguing against a strawman, and this is the third time I'm pointing it out in this thread. I approve of the FDA as a source of independent, competent information. This information is what doctors and patience need to protect themselves against pharmaceutical-industry pushers. I only disapprove of the FDA enforcing its judgment against doctors and patients who choose not to listen to it.
Setanta
 
  3  
Reply Wed 11 Jan, 2012 07:22 pm
@Thomas,
No, i'm not arguing against a straw man, because you said the woman could rely upon the opinion of her physician, and i'm telling you that that ain't necessarily so. I approve of the idea of the FDA banning drugs, or withholding their issue until such matters are cleared up, and they do have the time and resources to review literature and to do their own testing.
0 Replies
 
joefromchicago
 
  3  
Reply Wed 11 Jan, 2012 07:43 pm
@Thomas,
Thomas wrote:

I believe a variant of what Finn does: I believe the FDA provides a valuable public service in informing the world about the safety and efficacy of pharmaceuticals. But when it goes one step farther and prohibits the sale of drugs it deems unsafe or ineffective, it does more harm than good. In a free society, individuals should have a right to ignore the FDA's advice, just as investors should be free to buy bonds that Standard & Poor's has rated as junk. It's their lives to play with.

When I get sick, I go to my doctor. I will never know as much about medicine as he does -- which is why I go to him in the first place. And no matter how much information he gives me, ultimately I have to repose a good deal of faith in his knowledge and competence, largely because I will never know as much about medicine as he does. The same goes for most professionals, on whose expertise I must, in the end, rely upon. I hire accountants, veterinarians, plumbers, carpenters, butchers, airplane pilots, and a host of others because they know more about what they do than I'll ever know or ever could hope to know. Hell, I even hire lawyers when I have to deal with issues that are outside my area of specialization.

The libertarian notion, then, that you should "just give me enough information and I'll make my own decision" doesn't reflect any kind of reality. I can never have the same amount of information about a pharmaceutical as a pharmacist, let alone a doctor or a biochemist. Instead, I rely on the assumption that they are trained professionals who are competent and are working for my best interests. But that's just an assumption, based on a number of factors that are themselves premised on assumptions. For instance, I have a high degree of confidence in my doctor because he graduated from a medical school and is licensed to practice medicine in my state. That, in turn, is based on my confidence that professional and state regulatory authorities monitor medical schools to make sure they're providing an adequate education and physicians to make sure they're not quacks (and, I'll just add, the doctrinaire libertarian would also be opposed to licensing requirements for professionals). The diploma on my doctor's wall, after all, doesn't tell me whether I'm dealing with a Dr. Jonas Salk or a Dr. Nick Riviera.

When I buy an over-the-counter drug, therefore, I'm taking a lot of what it says it will do on faith -- even if I've read the label and checked it out on the internet and asked my doctor about it. That faith may be misplaced, the label may be false, the internet may be misleading, and my doctor may be a charlatan.

Now, for the doctrinaire libertarian, that's not a problem -- according to them, eventually drugs that are mislabeled will be driven out of the market because consumers will stop buying them. But that's another libertarian fantasy. Quack nostrums don't get driven out of the market -- they just get replaced by new quack nostrums. People are still pushing Laetrile. Jenny McCarthy thinks vaccines cause autism. Homeopathy is somehow more respectable than phrenology. In the meantime, while we're waiting for the invisible hand of the marketplace to weed out the Laetriles of the world, people die. The libertarian, no doubt, views them as performing a useful service -- they're the "canaries in the coalmine" of free enterprise -- but I suppose I have this crazy notion that we shouldn't be sacrificing people for an economic theory. And if that means that I cede a small amount of my freedom to take dangerous or ineffective drugs to the government in exchange for safe pharmaceuticals, that's an exchange I'm willing to make.

That you, Thomas, take the same position on personal liberty grounds as Finn doesn't really surprise me. What surprises me, though, is that you don't consider the fact that, from an economic perspective, the FDA's action in banning ineffective or dangerous drugs eliminates a huge transaction cost. Instead of thousands of people spending tens of thousands of hours researching pharmaceuticals, which is hugely inefficient, the government simply bans those drugs -- which the vast majority of people, after expending the effort to learn as much as possible about them, would decide to reject anyway. Given that most people (we would assume) prefer to take efficacious drugs rather than inefficacious ones, it's economically rational to have the government make that decision rather than leaving it up to the consuming public to decide.
joefromchicago
 
  1  
Reply Wed 11 Jan, 2012 07:50 pm
@Thomas,
Thomas wrote:

joefromchicago wrote:
If you take an ineffective drug instead of an effective one and you die, then I'm quite content to say that the ineffective drug killed you.

Analogously, if I watch you getting stabbed and I fail to help, are you similarly confident to say that I killed you?

I don't know. Did you advertise yourself as providing protection to me from being stabbed? If you did, but were, in fact, completely ineffective against stabbings, and I relied on you to prevent me from being stabbed to the extent that I did not take any other available and effective precautions against being stabbed, and, as a result of my reliance on your representations, I got stabbed, then yes, you were, indirectly, the cause of my death.

See, hypotheticals are hard!
firefly
 
  1  
Reply Wed 11 Jan, 2012 10:50 pm
@joefromchicago,
Well, if you were a cardiac patient, and your doctor prescribed sublingual nitrogylcerine to relieve angina or to help prevent a heart attack, both you and your doctor would be very concerned if the type of nitrogylcerine you were given had no proven effectiveness, because the consequences of that could be quite serious.
Quote:
The New York Times
March 26, 2010
F.D.A. Says Millions Got Unapproved Heart Pills
By NATASHA SINGER

Doctors in the United States wrote more than four million prescriptions last year for nitroglycerin tablets, heart drugs placed under the tongue to reduce the chest pain angina or to stop a heart attack.

But the majority of the drugs sold had not been approved for sale, nor had their safety and effectiveness been vetted, by the Food and Drug Administration.

And many doctors, who discovered only last week that pharmacies were giving their patients unproved heart tablets, now say they have no way of knowing whether patients have suffered unnecessarily as a result.

“If it’s not approved and no one has tested it, we can’t be sure that it’s safe and effective,” said Dr. Harry M. Lever, a cardiologist at the Cleveland Clinic. If patients with angina took substandard or ineffective nitroglycerin tablets, Dr. Lever said, their pain might not subside and the problem could potentially progress to a heart attack.

The F.D.A., which in recent years has been cracking down on a decades-old backlog of unapproved drugs, sent warning letters last week to two drug makers ordering them to stop marketing unapproved nitroglycerin tablets. But the drugs are still being sold at pharmacies while the order takes effect.

The drug makers said they would comply with the order, but said that their tablets were safe.

The F.D.A. said that it had not examined the quality of the products it was ordering off the market but that it had recorded problems with other unapproved nitroglycerin products in the past. The agency advised people who take unapproved nitroglycerin to continue taking their tablets but to consult their doctors about replacement prescriptions.

Cardiologists regularly prescribe nitroglycerin to relieve chest pain associated with coronary artery disease. Placed under the tongue, the drug quickly dissolves into the blood, where it dilates the coronary artery, slightly decreasing blood pressure and reducing heart exertion.

When taken during an initial episode of chest pain, nitroglycerin can prevent a heart attack in 3 to 4 percent of patients, said Dr. Steven E. Nissen, a cardiologist at the Cleveland Clinic.

The problem of the unapproved tablets stems from a longstanding ambiguity about the rules for drugs whose use predates the establishment of the F.D.A. in 1927. Only one brand of nitroglycerin pills is federally approved: Nitrostat, made by Pfizer, on the market since 2000.

Many makers of various drugs, not only nitroglycerin tablets, have long contended that their medications did not require F.D.A. review because they were grandfathered as pre-1938 drugs. (The F.D.A.'s powers to require new drugs to demonstrate safety before being marketed came in 1938 with passage of the Food, Drug and Cosmetic Act.) But the agency is now disputing that interpretation of its rules. It took action on nitroglycerin tablets after looking into the matter and being struck by the large volume of prescriptions being filled with unapproved versions.

“These drugs are historical remnants,” said Michael Levy, a division director in the F.D.A.’s Center for Drug Evaluation and Research. “Pharmacies likely mistake them for generic drugs or for drugs likely to be grandfathered, neither of which is the case.”

Of the nearly 4.4 million prescriptions for under-the-tongue nitroglycerin tablets last year in this country, about 80 percent were filled with unapproved drugs, according to data from the research firm IMS Health.

Leading cardiologists said they were shocked to learn that for years their patients might have been taking crucial heart drugs whose safety and potency had not been vetted by the F.D.A.

“I was taken aback,” said Dr. Ralph G. Brindis, the president of the American College of Cardiology, a professional association representing nearly 26,000 cardiologists in the United States.

Dr. Harlan M. Krumholz, a professor of medicine at the Yale School of Medicine, said it would not have occurred to him that licensed pharmacies might be filling prescriptions with unapproved drugs. “Nobody ever teaches you that in medical school,” he said.

On March 16, the agency sent warning letters to two leading suppliers of the unapproved tablets, Konec Inc. of Tucson and Glenmark Generics Inc. of Mahwah, N.J., giving them 90 days to stop making the drugs and 180 days to stop shipping them.

In response to a query from a reporter, a spokesman for Glenmark Pharmaceuticals in Mumbai, India, the parent company of Glenmark Generics, sent a statement saying that the company intended to comply with the agency’s directive to stop making the unapproved drugs.

It added that the F.D.A. warning letter had not asked for a recall — an immediate action in which a company removes products for sale from the market.

The president of Konec, Enrique Durazo, said his company regularly conducted its own lab tests to ensure that its nitroglycerin pills had the equivalent potency and stability to the approved brand-name drug.

But the company has not conducted the kind of human tests, called bioequivalence studies, required for F.D.A. approval of generic drugs, he said. Konec now plans to conduct such tests and seek approval as a generic.

Pfizer, which according to IMS Health sold about 900,000 prescriptions of Nitrostat last year, says it had stepped up production of the drug and expected to be able to meet the entire market demand in the United States...

Nitroglycerin drugs are not to be confused with the explosive ingredient in dynamite. But even in drug form, nitroglycerin is an unstable chemical, which is why doctors say they cannot be sure how potent the unapproved versions might be.

Moreover, because patients have varied responses, some cardiologists say they now have no way of knowing whether they have been treating their patients with an inferior product.

Dr. Lever, of the Cleveland Clinic, for example, recalls a heart surgery patient telling him that something was wrong with her new tablets. They did not relieve chest pain, he recalled, and they did not cause side effects she had previously experienced.

She then gave the pills, a bottle of Glenmark tablets, to Dr. Lever.

Glenmark did not respond to a query from a reporter seeking comment about the matter.

Dr. Lever, who has kept the bottle in his desk ever since, recalled the episode after learning of the F.D.A.’s action last week.

“Every day, when I’m writing a prescription,” he said, “I’m thinking, ‘Is the patient going to get the right stuff?’ ”
http://www.nytimes.com/2010/03/27/business/27nitro.html

In this case we are not talking about a drug that's taken by a relatively small number of people--4,4 million prescriptions a year are written for this medication. And it's a medication that can have life saving properties in an emergency situation--it can help to prevent a heart attack--and you really don't want to have to wonder about it's effectiveness when you take it under such circumstances.

When that news story broke almost two years ago I was very upset because my mother had been given the Glenmark brand of nitroglycerine when her prescription was filled, and she had been receiving this same brand for some time. In addition, because she reported to her cardiologist that the medication seemed ineffective in relieving angina symptoms, he put her on a daily dose of extended release nitroglycerine--something she might not have really needed at the time, if the problem was related to the ineffectiveness of the Glenmark product, but neither she nor her doctor had any way of knowing that.

Within minutes of reading that news article I called my mother's cardiologist and had him send her a prescription for Nitrostat, the FDA approved brand, and had him indicate "dispense as written" so it could not be filled with a generic. Her insurance company, of course, refused to pay for it because a lower cost generic was available, which, given the news report, made little sense, but it was not worth arguing with them about because my mother's peace of mind about the medication was more important than the cost.

While I want the FDA to take the sort of action that they did with these generic nitroglyercine products, because effectiveness with drugs of this nature is crucial, I was angered that they were going to allow the possibly ineffective products to remain on pharmacy shelves for months before they would be replaced. I realize that Pfizer could probably not have met the immediate increased demand for Nitrostat that would result if the other brands were recalled, but I would have appreciated some more forceful solution by the FDA than to leave consumers wondering about effectiveness of their medication for months.

So, yes, I certainly do believe that the FDA should regulate drugs in terms of effectiveness.






0 Replies
 
Thomas
 
  1  
Reply Thu 12 Jan, 2012 03:14 am
@joefromchicago,
joefromchicago wrote:
When I get sick, I go to my doctor. I will never know as much about medicine as he does -- which is why I go to him in the first place.

This is where I start to disagree. Granted, my doctor does know more about medicine than I do. But but he doesn't necessarily know more about my particular illness than I do. For example, I'm a diabetic. Most likely my cells will remain insulin-intolerant for the rest of my life. Because I know that, I have studied diabetes to a point where I'm quite confident I know more about it than my doctors. Thanks to Google Scholar and Medline, I'm usually the one who informs them about the latest literature. (Not that they are always keen to be informed. American doctors, in particular, seem to prefer that patients take the faith-based approach to their medicine.) I don't visit them because they know more about the matter, but because they can run tests on me that I can't self-administer, so I can adjust my diet, excercise, and medication. I also visit my doctor because the law requires that she prescribe some of the medications I need.

joefromchicago wrote:
Now, for the doctrinaire libertarian, that's not a problem -- according to them, eventually drugs that are mislabeled will be driven out of the market because consumers will stop buying them. But that's another libertarian fantasy. Quack nostrums don't get driven out of the market -- they just get replaced by new quack nostrums.

. . . and if you read my points about acupuncturists, homeopaths, and friends, you know I agree. These practices are centuries old. I would never claim they are "canary birds in the coal mind of free enterprise". I think they are ignorant and ideologically blinded. But if the problem is ignorance, force will not solve it. Education will.

joefromchicago wrote:
That you, Thomas, take the same position on personal liberty grounds as Finn doesn't really surprise me. What surprises me, though, is that you don't consider the fact that, from an economic perspective, the FDA's action in banning ineffective or dangerous drugs eliminates a huge transaction cost. Instead of thousands of people spending tens of thousands of hours researching pharmaceuticals, which is hugely inefficient, the government simply bans those drugs -- which the vast majority of people, after expending the effort to learn as much as possible about them, would decide to reject anyway.

I agree the FDA eliminates a huge transaction cost, unlike the doctrinaire libertarian you are arguing against, but who doesn't appear to be in this thread. I maintain, however, that the FDA by doing its research and getting its results published---on the packages of the medicine, if necessary. The additional act of criminalizing the sale of ineffective drugs eliminates no further transaction cost.
Thomas
 
  1  
Reply Thu 12 Jan, 2012 03:36 am
@joefromchicago,
joefromchicago wrote:
Thomas wrote:
Analogously, if I watch you getting stabbed and I fail to help, are you similarly confident to say that I killed you?

I don't know. Did you advertise yourself as providing protection to me from being stabbed? If you did, but were, in fact, completely ineffective against stabbings, and I relied on you to prevent me from being stabbed to the extent that I did not take any other available and effective precautions against being stabbed, and, as a result of my reliance on your representations, I got stabbed, then yes, you were, indirectly, the cause of my death.

No---because the Federal Protection-Service Agency prohibited me from advertizing my services that way. As I said, I have no problem when the FDA does the analogous thing.

But even if I had, it strikes me that this would put me in the position of the police in Castle Rock v. Gonzales. A wife got a restraining order against her husband for herself and her children. The husband violated it by abducting the children. Gonzales immediately called the police station, The police did nothing. The Supreme Court ruled, 7:2, that the town cannot be sued for this.

Like me in your hypothetical, cities advertise their police as protectors against crime. Like you, Gonzalez paid for the services of the police department (through her taxes). And still, the Supreme Court ruled that the police did not have an affirmative duty to enforce that restraining order. US law, then, does not hold the executive branch to a particularly high standard of efficacy. So why should I trust it more than my doctor, or even the producer of my favorite drug?
Thomas
 
  1  
Reply Thu 12 Jan, 2012 04:18 am
@Thomas,
Quote:
I maintain, however, that the FDA by doing its research and getting its results published---on the packages of the medicine, if necessary.

Sorry, I deleted one phrase too many. This should read: "I maintain, however, that the FDA reduces transaction costs by doing its research and getting its results published---on the packages of the medicine, if necessary. " My bad.
0 Replies
 
Joe Nation
 
  1  
Reply Thu 12 Jan, 2012 09:35 am
I like this thread. Thank you everyone.

On a side note: every Friday night before bedtime in the winter the five kids in our family would be lined up and given a tablespoon of this:
http://www.cyberattic.com/stores/ritabrand/items/564514/picture1.jpg

That continued for several winters until I was discovered climbing up on the counter to get a few slugs of it on my own.
(It was non-alcoholic, but it tasted really good. I would have liked to try it over ice cream.)

Joe(Maple Walnut)Nation
0 Replies
 
joefromchicago
 
  1  
Reply Fri 13 Jan, 2012 01:23 pm
@Thomas,
Thomas wrote:

joefromchicago wrote:
When I get sick, I go to my doctor. I will never know as much about medicine as he does -- which is why I go to him in the first place.

This is where I start to disagree.

If I were feeling uncharitable, I'd say that you were fooling yourself. But since I'm not, I'll just say you the exception to the rule. And if you genuinely know more about diabetes than your doctor, I would suggest you find a smarter doctor.

maxdancona wrote:
. . . and if you read my points about acupuncturists, homeopaths, and friends, you know I agree. These practices are centuries old. I would never claim they are "canary birds in the coal mind of free enterprise". I think they are ignorant and ideologically blinded. But if the problem is ignorance, force will not solve it. Education will.

And how many deaths from quack nostrums such as Laetrile are you willing to tolerate while everyone gets educated?

maxdancona wrote:
I agree the FDA eliminates a huge transaction cost, unlike the doctrinaire libertarian you are arguing against, but who doesn't appear to be in this thread. I maintain, however, that the FDA by doing its research and getting its results published---on the packages of the medicine, if necessary. The additional act of criminalizing the sale of ineffective drugs eliminates no further transaction cost.

You missed the point. Printing the information on the label doesn't eliminate the transaction costs -- it adds to the transaction costs. The transaction cost is the cost in time and effort that it takes for every pharmaceutical consumer to become as knowledgeable as you seem to be about their medical conditions. But if 999 out of 1000 consumers would, in the end, follow the FDA's recommendations, then making those recommendations mandatory rather than optional would eliminate that duplicative effort on the part of 999 people. As for the sole individual who would rather take an ineffective substance in preference to an effective drug, he's in much the same situation as the rare individual who would rather drive on the left side of the road.
joefromchicago
 
  2  
Reply Fri 13 Jan, 2012 01:32 pm
@Thomas,
Thomas wrote:
No---because the Federal Protection-Service Agency prohibited me from advertizing my services that way. As I said, I have no problem when the FDA does the analogous thing.

I see. So your freedom to take ineffective medicines should be protected, but somebody else's right to advertise the benefits of those ineffective medicines is somehow fair game? I can't discern a principled distinction there. It just seems like the interests you'd be willing to protect depends on whether or not your it's your ox that is getting gored.

Thomas wrote:
But even if I had, it strikes me that this would put me in the position of the police in Castle Rock v. Gonzales. A wife got a restraining order against her husband for herself and her children. The husband violated it by abducting the children. Gonzales immediately called the police station, The police did nothing. The Supreme Court ruled, 7:2, that the town cannot be sued for this.

Apples. Oranges.

Thomas wrote:
Like me in your hypothetical, cities advertise their police as protectors against crime. Like you, Gonzalez paid for the services of the police department (through her taxes). And still, the Supreme Court ruled that the police did not have an affirmative duty to enforce that restraining order. US law, then, does not hold the executive branch to a particularly high standard of efficacy. So why should I trust it more than my doctor, or even the producer of my favorite drug?

You're thoroughly confused. Your hypothetical compared you (the stabber) to an ineffective drug, not to the FDA. Your comparison of the FDA to a police department, then, completely misrepresents your original hypothetical. I never said that, when a person dies because he took an ineffective drug rather than an effective one, the FDA is responsible for his death.
Thomas
 
  1  
Reply Sat 14 Jan, 2012 03:52 am
@joefromchicago,
joefromchicago wrote:
If I were feeling uncharitable, I'd say that you were fooling yourself. But since I'm not, I'll just say you the exception to the rule. And if you genuinely know more about diabetes than your doctor, I would suggest you find a smarter doctor.

Not so. Doctors have to be experts on thousands of conditions. It is inevitable that their expertise in each of them remain somewhat shallow. Patients, by contrast, only have to be experts in the few conditions that actually afflict them. They needn't be superhuman to be more proficient about those few than their doctors are about the thousands.

joefromchicago wrote:
And how many deaths from quack nostrums such as Laetrile are you willing to tolerate while everyone gets educated?

1) I hadn't heard of Laetrile until you started this thread. Since you're bringing it up in your own thread about ineffective drugs, I'll assume it's ineffective but not actively harmful. Please correct me if this assumption is wrong.

2) On the above assumption, my answer to your question is "not applicable", because I reject your premise that failing to prevent a death is to cause a death.

3) Assuming that I did accept your premise---I don't, but I'm not that interested in discussing it---my answer would be as follows: Patients have the choice to learn, or to delegate their learning to their doctors, or to delegate their doctors' learning to the FDA. If they refuse to do any of this, not even to save their own lives, I am willing to tolerate as many deaths as there are patients like that. It's their lives to play with, not mine. If it's legal for those patients to eat rat poison, it should be legal for them to eat Laetrile. Not everything that's bad for people needs to be illegal.

(Disclaimer: I assume we're talking about choices that competent grown-ups make for themselves. We can talk about exceptions about guardians making choices for children or mentally-incompetent grown-ups, )

joefromchicago wrote:
But if 999 out of 1000 consumers would, in the end, follow the FDA's recommendations, then making those recommendations mandatory rather than optional would eliminate that duplicative effort on the part of 999 people.

No. With or without the mandate, the FDA does the research so the 1000 people don't have to. That's the transaction cost it saves. Once the FDA has done the research, the 1000 people only have to go to its webpage, look up its advice, and follow it. (Except for the one who still wants to do her own research.) Alternatively, they could ask their doctor to look up the FDA's advice for them. Either way, it's a negligible transaction cost compared to doing the actual research---having producers run clinical trials, checking the results they submit, and whatnot. The additional transaction cost saved by the mandate is trivial.
Setanta
 
  1  
Reply Sat 14 Jan, 2012 03:56 am
@Thomas,
Thomas wrote:
I hadn't heard of Laetrile until you started this thread. Since you're bringing it up in your own thread about ineffective drugs, I'll assume it's ineffective but not actively harmful. Please correct me if this assumption is wrong.


That assumption is wrong, which you'd know if you had been reading carefully in this thread, or the thread from which it originated. A continuous treatment with Laetrile leads to chronic, pernicious cyanide poisoning.
Thomas
 
  1  
Reply Sat 14 Jan, 2012 04:03 am
@joefromchicago,
joefromchicago wrote:
I see. So your freedom to take ineffective medicines should be protected,

Not protected in any affirmative way, left alone is all I'm asking.

joefromchicago wrote:
but somebody else's right to advertise the benefits of those ineffective medicines is somehow fair game? I can't discern a principled distinction there.

The principle is that the government has a legitimate role in protecting people's life, liberty, and property against force and fraud by others. If Producer advertises his ineffective medicine as effective, he endangers Patient's life with a form of fraud. By contrast, if Patient swallows an ineffective drug, in willful ignorance of its effects, she does not endanger her life, because we're assuming that the drug does nothing. But even if the drug was harmful rather than just ineffective, it would not involve force or fraud, but rather be a voluntary action by Patient. I wouldn't be surprised if you disagreed with this distinction, but I would be surprised if you didn't understand it. This is very conventional classical liberalism.
 

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