Should the Kefauver Amendment be repealed?No, I don't believe so. Drug companies are too greedy by half, and allowing them freer rein is a frightening thought. That is not to say that change doesn't need to happen-it most certainly does.
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Many pharmaceuticals took advantage of a trusting public to sell largely ineffective and sometimes dangerous substances. The unregulated use of antibiotics in throat lozenges and syrups resulted in bacteria becoming resistant to useful drugs and provoked sometimes-fatal allergic reactions.
Calls that proof of efficacy be legally required received an inhospitable reception in the pro-business climate of the Eisenhower administration. In 4 years of Senate hearings (1959-62), Tennessee Senator Estes Kefauver waged a lonely battle trying to expose drug industry stock manipulation, advertising fraud, collusion with the FDA and deception of the public.
The current turf-conscious, restrictive attitude of the FDA is the bureaucratic descendant of the originally well-founded FDA distrust of unscrupulous drug companies which conducted hurried, badly designed trials and rushed shabby data to the FDA to gain New Drug Application (NDA) approval before rival companies could develop similar products. ActUp(emphasis mine)
This statement, from the thread originator's referenced website bothers me:
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The number of victims of Elixir Sulfanilamide tragedy and of all other drug tragedies prior to 1962 is very small compared to the death toll of the post-1962 FDA. FDA Review I have a problem with this statement. The Elixir deaths occurred in 1937, when the population was much, much smaller. I have no doubts that if drug companies were given unrestricted license to release drugs to the market without testing their effectiveness, we would see another Thalidomide-type tragedy with several more times the deaths attributed to the "Elixer."
I think, rather than repealing the Amendment and returning to the days when greedy drug companies rushed new drugs to market without researching whether or not they did what the company claimed (and did it without extremely harmful side effects); the process of getting a drug to market should be streamlined. The FDA has become a ponderous, bloated bureaucracy. Instead of dismantling Kefauver, effort should be directed in making the FDA process more efficient and productive. According to the same website, when Kefauver was initially enacted, it took an average of 30 months to get a drug to market with the new restrictions; now it’s
8 YEARS. That could change, and should.
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Over time there has been a clear tendency for FDA regulations and requirements to expand and multiply. In 1980, the typical drug underwent thirty clinical trials involving about fifteen hundred patients. By the mid-1990s, the typical drug had to undergo more than sixty clinical trials involving nearly five thousand patients.
FDA Review