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FDA advertising "censorship" hearing canceled by House oversight subcommittee.

This article was originally published in The Tan Sheet

Executive Summary

FDA INFORMATION DISSEMINATION OVERSIGHT HEARING CANCELED by House Commerce/oversight subcommittee Chairman Barton (R-Tex.). Originally slated to be held Nov. 29 to address FDA advertising "censorship," the hearing has not been rescheduled.

FDA INFORMATION DISSEMINATION OVERSIGHT HEARING CANCELED by House Commerce/oversight subcommittee Chairman Barton (R-Tex.). Originally slated to be held Nov. 29 to address FDA advertising "censorship," the hearing has not been rescheduled.

Barton announced plans for the hearing during a Nov. 15 subcommittee hearing on allegations of FDA "retaliation" featuring Commissioner Kessler. In addition to stating his intent to continue questioning Kessler on the retaliation issue on Nov. 29, the subcommittee chairman noted Nov. 15 that he would push to have an outside body investigate allegations of retaliation as part of FDA reform legislation ("The Tan Sheet" Nov. 20, p. 20).

Kessler has since used public radio to promote the agency's message that FDA self-reform is effective and that product review times are decreasing. Speaking as a guest on National Public Radio's "Diane Riehm Show" Nov. 22, Kessler emphasized that FDA is approving new drugs "in months, not years."

During the broadcast, the commissioner touched on a range of issues that congressional Republicans, particularly Barton and House Speaker Gingrich (R-Ga.), have raised regarding the agency. For example, he expressed "great concern" over proposals to privatize some agency functions.

"The real concern I have with [Gingrich's] proposal is that it would turn over the decision-making to people who potentially could have certain conflicts of interest," Kessler stated. "The most important thing that FDA has to offer" is that product reviewers are "independent. They don't have a vested interest [in a product]. They can look at the data...objectively."

Kessler also cited a recently released General Accounting Office report on FDA review times as evidence that the agency is "doing well." The report, requested by Senate Labor & Human Resources Committee Chairman Kassebaum (R-Kan.), concluded that FDA review times decreased by 45% between 1987 and 1992.

A prominent figure in the FDA reform debate, Kassebaum announced Nov. 20 that she will not seek re-election after her third term expires in January 1997. She was the first congressional committee chair to release an FDA reform plan, and recently released FDA reform draft legislative language ("The Tan Sheet" Nov. 6, p. 12).

Another Capitol Hill figure active in the reform debate, Rep. Wyden (D-Ore.), is pursuing a move to the Senate. Wyden is seeking former Oregon Republican Sen. Packwood's seat in a special state election set for Jan. 30. Fellow Oregon Democrat Rep. DeFazio also is running for the vacant seat; a primary is slated for Dec. 5.

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