Law Professors Voice FDA Concerns
Three law professors from different U.S. universities are joining the chorus of those expressing concern that FDA is under too much political pressure to make positive decisions on products to help resolve the Covid-19 pandemic. In a piece distributed online to be used as an op-ed, the three say they have “examined the regulatory posture of FDA since the beginning of the outbreak [and] have studied how FDA’s decisions have varied within the external pressures that it has faced, comparing it to past emergency decision making by the agency. We believe that this episode (an emergency use authorization (EUA) for convalescent plasma that included misstatement of clinical data by FDA commissioner Stephen Hahn) is symptomatic of a larger problem, and we worry that FDA’s repeated departure from evidence-based standards and long-tested and proved procedures will soon translate into a poorly considered authorization of Covid-19 vaccines.”
The article says that a properly issued EUA is balanced by legal and scientific checks. The professors say the law directs the agency to assess whether a specific product considered for a EUA “may be effective” in light of the “totality of scientific evidence available.” FDA also must determine whether the product’s potential benefits outweigh the known and potential risks and that there is no adequate, approved, and available alternative.
The authors conclude that there should be absolutely no link between the 11/3 presidential election and the vaccine regulatory process. They say concerns have been voiced that there might be a push for a rushed authorization of a Covid-19 vaccine if President Trump needs a boost in the polls. The EUA of convalescent plasma and in particular the misrepresentation of data at the FDA level have fueled the concerns, they write.
The article also notes that vaccine EUAs can be problematic because the agency would have to make a risk/benefit assessment based on limited data. “Because of the nature of vaccines,” it says, “many experts have argued that this pathway is too risky for vaccines.”