The whole reason the FDA is set up this way was due to the rampant fraud that was occurring before there were standards for what could be sold to consumers as medicine.
This is probably true for most patients, but not doctors. Normally, a patient consults a doctor on what drugs to use for their illness and the risk of taking it.
I take your point that companies can falsely advertise their products. I think there is a place for a government body to make sure claims about healthcare products are factual. In this particular case we are talking about a drug that appears to not cause any harm. So I don’t see any reason to prevent an adult to make a decision with the help of a physician to administer said drug.
The problem is that deciding whether something is factual is a lot easier for simple things. For something like this, there are vaguer connections between facts like plaque removal and more nebulous things like meaningful outcomes for patients.
> In this particular case we are talking about a drug that appears to not cause any harm.
Other than brain swelling or bleeding, headache, falling, diarrhea, and confusion, delirium or disorientation, you mean?
Informed decisions are not risk-free decisions. If you're saying that literally no one can provide informed consent to take a drug until years and years of trials have been performed, and their inability to provide informed consent invariably subjects them to functional degradation or death, then this is a perverse system, to say the least.
Note that many people made the same arguments against fast-tracking COVID vaccines for public distribution, which undoubtedly saved thousands if not millions of lives.
I personally agree that the FDA isn't always perfect (they should never have approved SSRI's, for instance) but claiming that there's no tradeoff here is just incorrect.
The fact the people who make a policy have a specific thing they want to achieve with that policy does not automatically make it a good policy. That remains true even if the thing they want to prevent is bad and could kill people.
Stopping stuff like that seems like a reasonable thing for the FDA to do, even at the cost of it taking longer to approve drugs.
"Taking longer to approve drugs" can be restated as "forbidding the use of potential treatments for longer". To the extent that those treatments work better than the next-best option, delaying approval is effectively forcing the worse treatment on everyone who would have switched for the duration of the delay. If there is no alternative treatment, delaying approval is effectively equivalent to forcing the people affected by a disease to just live with that disease for the duration of the delay.
Picking pretty much at random from stuff recently approved by the FDA, we find that Ocrelizumab, a drug to treat multiple sclerosis (MS), was approved in 2017. Patients treated with Ocrelizumab have just over half the chance of developing symptoms bad enough to require a walking aid (4.2% vs 7.3%) as compared to the next-best treatment (interferon beta-1a) over 96 weeks.
Phase III clinical trials of Ocrelizumab started in March of 2011, and completed in July of 2015. In October 2015, Genentech presented the results of the phase III trials to the FDA. The FDA recognized how important this treatment was, and gave it breakthrough therapy designation, fast track designation, and priority review. It was approved for use in March of 2017.
That is uncommonly fast for the FDA, but even so it took them a year and a half to "move fast" on this treatment. Let's be generous and say that determining that the phase III results were not literally fraudulent takes fully 6 months -- that means that in the case of this particular drug, the FDA only delayed approval for a single year. About 150,000 people take Ocrelizumab worldwide, most of which are probably in the US.
As such, the FDA's (much shorter than usual) delay for this particular drug "only" cost about 2,500 people the ability to walk unaided.
How many delays like this does it take before we decide that the cure (delaying effective treatments for nasty diseases) is worse than the disease (occasionally letting through a medication with extremely nasty side effects)?
This isn't a rhetorical question by the way. My personal answer is probably somewhere in the ballpark of "aim for a 1:1 ratio of QALYs lost to drugs that were approved and shouldn't have been : QALYs lost to drugs that should have been approved and weren't". Maybe 1:5, if we think harm from inaction isn't quite as bad as harm from action. But my best ballpark guess for the actual ratio the FDA is achieving is probably more like 1:100 or 1:1000, and I don't find that even remotely reasonable.
(Note that this entirely ignores the question of whether the current FDA does even have the benefit of delaying / not approving stuff that doesn't work, which is the subject of another rather active discussion on HN today: https://news.ycombinator.com/item?id=27472107).
I know this isn't a perfect world, but it doesn't seem to be asking a lot for a doctor to know this. (Especially for a drug that currently costs $56K/year and presumably will cost more next year.)
I think you come in with wrong assumptions. The FDA has little to no authority when it comes to off-label uses — doctors have a lot of leeway to prescribe drugs for whatever non-approved use they judge to be effective.
So the FDA's role already is intertwined with marketing. A doctor can today prescribe Viagra as a treatment to Alzheimers, but it would be illegal for Pfizer to market Viagra for treating Alzheimers until it gets FDA approval for that specific use.
Let us recall some of the key facts about the drug in question here. There were two trials. One of them showed such little benefit that it was halted midtrial on the basis that it would be unethical to continue giving people a drug that didn't work. The second showed marginal benefit.
Biogen argued that there is a rational explanation that explains the two trials that points to the drug working. The expert committee at the FDA had 10 people vote "that's bunk", 1 person vote "unsure", and nobody vote "I agree." That's a pretty strong endorsement for saying "Aduhelm treats Alzheimer's" is a fraudulent claim, and yet the FDA decided that the claim is merely disputed.
The only way you can look on the FDA's decision favorably is if you know nothing about how drug development works, which is unfortunately true of almost the entire public. (Here's two facts that are important to keep in mind: most drug candidates don't work, and placebo effects are very real and surprisingly powerful).
For establishing efficacy and safety, trials are the only process that works. Nobody can predict the effects of drugs because the current understanding of biology is very incomplete.
Thalidomide [1] shows the wisdom of the current approach.
Your personal freedom to try whichever medications you want would be limited unless you are willing to pay out of pocket for everything.
Drug X is proven safe but not proven effective. It's illegal to use to treat condition Q under any circumstances. Drug Y is proven safe, proven effective for condition M. It's perfectly legal to use for unrelated condition Q. How does this make any sense?
I think "is there any evidence that this drug actually works" can a remarkably simple decision, given the results of clinical trials.
The fact that desperate people may be willing to blow tens of thousands of dollars on something that doesn't work, doesn't make it more complex.
- https://www.biogencdn.com/us/aduhelm-pi.pdf
I believe the advisory panel's position is that it is not indicated for the treatment of Alzheimer's and that Biogen should not be allowed to say this.
In their press release (https://investors.biogen.com/news-releases/news-release-deta...), they explicitly describe it as an "Alzheimer's disease treatment". Again, I think the advisory panel considers this untrue, and certainly unproven.
The FDA could have said "this drug is safe and may be sold, but you may not describe it as an Alzheimer's treatment, and you must explicitly state that it has been found to be ineffective as an Alzheimer's treatment in clinical trials".
Of course, financially incentivizing ignorance is probably not the best precedent.
* Currently the US welfare agencies will provide ~any FDA-approved drug for someone with the illness for which the drug was approved
* In this case, they probably won't - in the worst case scenario it would double their spending on prescription drugs and seems unlikely to help anyone
* So this is going to sever the link between FDA approval and medicaid spending.
* Now you have an awkward situation where agencies that not really equipped to make judgements on dug effectiveness, and which are not insulated from politics, have to make those decisions.
This could all work out for the best in the long term but may also be very awkward in the short term.
Firstly, approval limits the legal liability for drugmakers. If we adopt a policy where approval does not exist. As long as the government takes part in the risk so it should have a say in the matter.
> treat adults as adults, and let them and their medical providers make such choices.
Signing out of medicare and all government assistance in case of becoming invalid, so that government is not in the hook for personal decisions would be a huge ask.
If 10 million individuals make the same decision independently, and it backfires, that has negative consequences for the rest of the country. One decision does not matter, millions of decisions become collective matter.
Safe drugs can be sold OTC with all the homeopathics. FDA approval here is about fraudulent claims of effectiveness.
You argue that unsafe drugs should be available for sale too, but that's not what happened here and IMO it ignores the societal risks of unsafe things floating around were they can harm non-consenting people, as well as the rights of people who want to be free from transient temptation to make irrevocable decisions.
These are extraordinarily complex choices that seldom have a right answer for all possible patients. Therefore they should not be made centrally for everyone. We will learn more and faster from decentralized decision makers, that is, from massively parallel computation from a mass population of decision makers.
Better would be for the only role of the FDA in decisions like this to be determining if the manufacturer is making fraudulent claims. Even better (because of greater computational parallelism) would be for this to be legally decided only by individual states. Best would be to treat adults as adults, and let them and their medical providers make such choices.