WSJ ‘Apologizes’ for Supporting Califf

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[Commentary by Jim Dickinson] In an unusually strident critique of FDA’s 4/29 final rule to regulate laboratory developed tests (LDTs) as medical devices, the Wall Street Journal’s editorial board 5/3 accused the agency of “usurping and end-running Congress. We supported Dr. Califf’s nomination [for commissioner], but we apologize to readers. His lab-test rule serves no one’s interest but the FDA’s.”

Dripping with scorn, the editorial says “FDA’s 528-page rule snatches authority” from a Congress that seemed paralyzed by the technical complexities LTDs presented. It contended that the labs doing the tests “already overseen by the Centers for Medicare and Medicaid Services (CMS), as if that ought to be enough before going on to object, “but the FDA says lab inspections might not detect unreliable tests,” implying that CMS conducts inspections for reliability, which it does not.

The editorial then drapes the albatross of the 2016 Theranos fraudulent lab test scandal over FDA’s shoulders, pointing out that the agency had cleared the LDT in question. “The FDA believes its own experts are superior to doctors, states and third-party lab accreditors that play a role in regulating lab tests,” the editorial sneers.

It’s all conservative politics at the WSJ, as the editorial’s first sentence seems to confess: “We’ve been chronicling how Biden regulators are dusting off old laws to seize more power over the private economy.”

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