Big Changes Ahead for Food and Drug Safety Administrations?

The Food & Drug Administration has a spotty record from a personal injury standpoint–numerous approved drugs and medical devices have later been recalled or have given rise to mass tort litigation.  Worse, with last year’s U.S. Supreme Court decision in Riegel v. Medtronic, state courts were pre-empted from granting relief to consumers injured by faulty medical devices if those devices had received pre-market approval from the FDA.

In the food arena, however, the outcomes are sometimes even more bizarre.  Food inspection duties are split between the FDA and the Department of Agriculture, and those divisions occur along very ragged lines.  Because food issues often get short shrift from the FDA, where limited resources are heavily weighted toward drug and medical device issues, it has long been argued that a unified agency was required.  In fact, in 1999 the Government Accountability Office issued a report calling for just such action.

Now, the New York Times is reporting that a different solution appears to be in the works, with a movement to split the FDA.   Connecticut Representative Rose DeLauro is proposing a Food Safety Administration and a Federal Drug and Device Administration.

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7 Responses to “Big Changes Ahead for Food and Drug Safety Administrations?”

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