FDA Tackles Image Problem With Tainted PR Deal

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publicrelationsHow’s this for common sense? Seeking to hone its tarnished image after getting beaten up for tainted food and drug safety, the FDA decided to hire a contractor for a public relations campaign that would “create and foster a lasting positive public image of the agency for the American public,” according to The Washington Post.

But a competition for the $300,000 contract was not held for the lowest bid, which is required by government policy. Instead, FDA officials came up with a plan to ensure the work would go to a Washington DC public relations firm with ties to the FDA official arranging the deal, the paper writes.

The plan used a circuitous route around the standard government contracting procedures. The contract was awarded in July to Alaska Newspapers, a firm owned by an Alaska Native corporation that does not have to compete for federal work because it qualifies for special set-asides, the Post writes, citing documents. The idea was for ANI to hand over the work to Qorvis Communications, which already works for PhRMA.

While the deal was being formulated last October, James Dunn, a private consultant who had dealings with ANI, sent the following e-mail to a Qorvis exec who, the Post tells us, forwarded it to an FDA official: “ANI will gladly serve as a prime for Qorvis on the FDA deal, knowing that the agency would intend to direct them to you as a subcontractor to perform all the work.”

After being told of The Post’s findings, FDA deputy commissioner John Dyer says he suspended the contract and ordered an independent investigation. “Whatever the findings are on this one contract, the FDA has full confidence in the integrity of its contracting procedures as verified by independent third-party reviews conducted several times a year,” Dyer said in a statement to the paper.

Steven Schooner, co-director of the government procurement law program at George Washington University, has rarely seen such a detailed example of officials and contractors working to avoid competition. “The story line is as bad as anything I’ve ever heard,” he tells the Post. “It’s not transparent. It’s not competitive. It’s not arm’s length.”

John Dingell, who chairs the House Energy & Commerce Committee, plans to investigate. “The agency chose to use its limited resources to save face instead of saving the public health,” Dingell tells the Post. “This sham of a contract calls into question the integrity of federal contracts awarded to small businesses and Alaska Native corporations.”

Here’s the complete story

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  1. Now that’s just sad. Not only are they corrupt, they’re too stupid to do a good job of it.

  2. Perhaps it was all a mistake. Someone asked someone at FDA if they could cook the deal for them, and they said, “I’ll ask her.”

    This got translated into……And then…..Hallburton……whatever……

  3. I believe FDA Commissioner did not have to hire Public Realations Mildred Cooper as an
    adviser. Perhaps if the FDA was managed with honesty, truth and ethical values many live would be saved.
    Since 1921 when the Government Accountabilty (GAO)was organized FDA and every
    government agency has been misrpesentating information, misuseed and misspending of
    finances and unable to inform the general public with reponsiblity and accountability.
    Americans do not need public relations experts to promote the FDA. Americans need the
    management of FDA and all other agencies to manage with accuracy,integrity,and
    respect for their fellow citizens.

    From The FDA Overview

    FDA’s mission is:
    - to promote and protect the public health by helping safe and effective products reach the
    market in a timely way,
    - To monitor products for continued safety after they are in use, and
    - To help the public get the accurate, science-based information needed to improve health.

    The FDA is responsible for protecting the public health by assuring the safety, efficacy,
    and security of human and veterinary drugs, biological products, medical devices, our
    nation’s food supply, cosmetics, and products that emit radiation. The FDA is also
    responsible for advancing the public health by helping to speed innovations that make
    medicines and foods more effective, safer, and more affordable; and helping the public get
    the accurate, science-based information they need to use medicines and foods to improve
    their health.

    A new government audit has found that the Food and Drug Administration may have
    decided to deny permission for the so-called “morning-after” pill to be sold without a
    prescription well before the scientific review was complete.

    The Government Accountability Office launched its year-long investigation after
    lawmakers questioned whether politics, rather than science, dictated the FDA’s May 2004
    rejection of the application by Barr Laboratories to sell “Plan B” over-the-counter. Plan B
    is emergency contraception. Consisting of two high doses of regular birth control pills, the
    drug can prevent pregnancy if taken soon after unprotected intercourse.

    The GAO’s findings, released Monday, confirmed many lawmakers’ charges. “They
    overruled the advice of the scientific panels and the medical staff,” said Rep. Carolyn
    Maloney (D-NY), one of nearly 50 House members and senators who requested the study.
    “In fact, the report demonstrates that this decision was made before the scientific review
    of Plan B was even finished,” she said.

    But the GAO did not determine exactly when the decision was made. Two mid-level
    scientists told the GAO that superiors told them in late December 2003 or early January
    2004 that the decision to deny the application had already been made. They said the
    decision had come directly from the office of the FDA commissioner. The scientific
    reviews were not completed until April 2004.

    In an unusually angry rebuttal to the GAO, the FDA officials in question said the decision
    to reject Plan B wasn’t made until months after the scientific review was complete. A
    spokesman for then-FDA Commissioner Mark McClellan said the commissioner neither
    made the decision, nor offered recommendations about Plan B. McClellan left the FDA in
    March of 2004. He now heads the Medicare and Medicaid programs.

    The GAO also found other “unusual” processes involved with the Plan B application.

    For example, over the past 10 years, FDA advisory committees recommended that 23
    prescription drugs be switched to over-the-counter status. Plan B’s application was the
    only one to be rejected by the agency.

    Plan B was also the only medication whose “not approvable” letter to the manufacturer
    was signed by a high FDA official — in this case Steven Galson, acting director of the
    Center for Drug Evaluation and Research — rather than by the scientists who conducted
    the reviews.

    The original draft of the GAO report said the reviewers declined to sign the letter. But the
    FDA said officials knew the reviewers disagreed with the decision, so they were never
    asked.

    The GAO didn’t examine whether anyone higher in the Bush administration participated in
    the decision about Plan B. But Rep. Maloney says she wouldn’t be surprised, particularly
    given the pressure on the White House from conservative lawmakers and groups who
    claimed that easier access to the drug might encourage young teenagers to become
    sexually active.

    “This is a White House that won’t even say if the president supports birth control in
    general,” she told NPR. “We’ve asked (Bush) and his representatives several times
    whether he supports birth control and they haven’t answered.”

    Meanwhile, a revised application for Plan B is still pending at the FDA. It would allow the
    pills to be sold over-the-counter to women and older teens, but only with a doctor’s order
    for those younger than 16.

    Still, Sen. Patty Murray (D-WA) says the problems at the FDA uncovered by the GAO go
    beyond the availability of birth control.

    “It is the one agency in the government that all of us rely on, on a daily basis,” Murray
    said. “When we go to the store to buy a drug we need to know that it’s safe and effective
    to use. If that credibility is not there, it undermines the gold standard that the FDA has not
    just in this country, but in the entire world.”

    FDA officials declined to be interviewed about the report, but the agency did release a
    sharply worded written statement.

    “We question the integrity of the investigative process that results in such partial
    conclusions,” said the statement from Julie Zawisza, acting assistant commissioner for
    public affairs. “The report mischaracterizes facts and does not appear to take into
    consideration the input provided by the FDA. We stand by the original decision to issue a
    Not Approvable letter to Barr Labs for OTC Plan B.”

    GAO audit supports FDA action on Chilean gapes. (General Accounting Office)
    Article from: FDA Consumer Article date: January 1, 1991 More results for: GAO FDA
    Audit | Copyright informationCOPYRIGHT 1991 U.S. Government Printing Office. This
    material is published under license from the publisher through the Gale Group, Farmington
    Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide
    copyright information)

    GAO Audit Supports FDA Action on Chilean Grapes

    An audit by the General Accounting Office found that FDA did not act improperly when it
    suspended importation of Chilean grapes after cyanide was found in two graped imported
    from that country.

    FDA suspended importation of the fruit March 13, 1989, until fruit importers and FDA
    could organize an inspection program. On March 17, when the program was in place, the
    agency began lifting the import suspension.

    The fruit importers and the Chilean Exporters Association threatened legal action,
    charging that FDA’s action cost the Chilean economy $333 million and that FDA has
    mishandled
    What GAO Found
    United States Government Accountability Office
    Why GAO Did This Study
    Highlights
    Accountability IntegrityReliability
    April 22, 2008
    DRUG SAFETY
    Preliminary Findings Suggest Recent FDA Initiatives Have Potential, but Do Not Fully
    Address Weaknesses in Its Foreign Drug Inspection Program
    Highlights of GAO-08-701T, a testimony before the Subcommittee on Oversight and
    Investigations, Committee on Energy and Commerce, House of Representatives
    The Food and Drug Administration (FDA) is responsible for overseeing the safety and
    effectiveness of human drugs that are marketed in the United States, whether they are
    manufactured in foreign or domestic establishments. FDA inspects foreign establishments
    to ensure that they meet the same standards required of domestic establishments. Ongoing
    concerns regarding FDA’s foreign drug inspection program recently were heightened
    when FDA learned that contaminated doses of a common blood thinner had been
    manufactured at a Chinese establishment that the agency had never inspected. FDA has
    announced initiatives to improve its foreign drug inspection program.
    In November 2007, GAO testified on weaknesses in FDA’s foreign drug inspection
    program (GAO-08-224T). This statement presents preliminary findings on how FDA’s
    initiatives address the weaknesses GAO identified. GAO interviewed FDA officials and
    analyzed FDA’s initiatives. GAO examined reports and proposals prepared by the agency,
    as well as its plans to improve databases it uses to manage its foreign drug

  4. Qorvis has a nice client list that would make any mother proud: Saudi Arabia post 9-11; Halliburton; Phillip Morris; Now FDA and Big Pharma… it’s this type of revolving door insider-the-beltway dealing and copmanies like Qorvis that gives health care a bad name.

  5. FDA Transparency?

    FDA Accountability?

    Real oversight by Dingell?

    Internal investigations?

    Hah!

    It’s not going to happen until major changes at the top of the FDA occur, which we can hope will be soon.

  6. They never learn.

    And rarely get caught or punished.

    The whole system is corrupt and morally reprehensible.

    No wonder our nation is suffering from the decadence and decay.

    Yahweh is PISSED OFF and will allow the modern equivalent of another Sodom and Gommorah.

    Just you wait…….

  7. I should add that the agency could have saved $300,000.00 and receievd a PR bonanza by taking the simple humane action of granting the CareToLive Citizen Petition now pendng with the agency since July 2007.

  8. Kerry, with all due respect the FDA would not have received any sort of a PR bonanza by passing the petition. They would have been seen as simply doing their job. I understand that the petition is important to you and understand you do much work on behalf of its supporters, but the PR benefits would be slim to none. Unless FDA got somebody to publicize it and that’s what’s under discussion I think.

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