Public Citizen Cautions Congress on ‘Right to Try’ Bills
Consumer advocacy group Public Citizen is urging Congress to reject three “right to try” bills (S 204, HR 878 and HR 1020) because they would “put countless patients at risk by dramatically undermining the FDA’s role in ensuring that medical products are safe and effective before they become widely used.” In a 3/6 letter to Congress, the group said the bills “would undermine incentives for companies to swiftly develop life-saving products for FDA approval and impair review of these products by limiting the agency’s access to unfavorable information... These bills provide false hope to patients and are related to a nationwide lobbying effort funded by the Goldwater Institute, which has deceptively branded such laws as ‘right to try’ legislation.”
Public Citizen reminded lawmakers that the best way for patients to gain early access to unapproved therapies is through FDA’s Expanded Access Program, “which allows seriously ill patients to receive treatment with experimental drugs, biological products or medical devices while also providing basic safeguards to protect patients’ rights and welfare and maintaining strong incentives for careful clinical testing and timely product development.” The program protects patients by requiring informed consent, ethical review by an institutional review board, safety monitoring and adverse event reporting to FDA. It also prevents manufacturers from profiting from the use of experimental products. The group noted that the agency grants 99% of all Expanded Access Program requests and, in urgent circumstances, can respond to such requests within a day or two.