Actually on Alton's show fictitious Federal Agents show up with some 
regularity. He frequently does things that go against the official safety 
guidelines.

Even so called proven procedures have risks. All I am saying is that open 
communication so people can make their own decisions is a good thing. People 
who feel safer sticking with the FDA are free to do so.

Joseph J. Horton, Ph. D.
Box 3077
Grove City College
Grove City, PA 16127

724-458-2004
[email protected]

In God we trust. All others must bring data.

-----Original Message-----
From: Paul Brandon [mailto:[email protected]] 
Sent: Tuesday, January 08, 2013 9:21 PM
To: Teaching in the Psychological Sciences (TIPS)
Subject: Re: [tips] Failure of Critical Thinking: When Advertising Trumps 
"Truth"

Alton Brown is less likely to kill people by recommending unproven procedures.
False analogy!

On Jan 8, 2013, at 8:11 PM, Horton, Joseph J. wrote:

> Hello Ken: I live in a small town and have a love-hate relationship with 
> Wal-Mart. I will try a different comparison. I would like my physician to be 
> able to be a like the Food Network's Alton Brown. For those who are not 
> familiar with Mr. Brown, he believes that every device in his kitchen should 
> be able to perform multiple tasks. He will do things like cut cakes with saw 
> blades, or turn a military surplus footlocker into a meat smoker. Now the 
> people at the hardware store and the cooking supply store have products to 
> sell. Some of the people at the store will try to sell things that we do not 
> need or could be harmful if misused. I am willing to let Alton talk with the 
> people at the store about alternative uses for their products. Alton and I 
> may then consider how best to prepare dinner. If there is fraud involved, I 
> want the people engaging in it prosecuted.
> 
> I do understand that the FDA will not be coming in their black helicopters to 
> keep Alton from giving me a saw for cutting cakes. I do not want the black 
> helicopters showing up at the hardware store on the assumption that any 
> non-traditional use of saws should not be discussed between sales people and 
> cooks.
> 
> Joe
> 
> Joseph J. Horton, Ph. D.
> Box 3077
> Grove City College
> Grove City, PA 16127
> 724-458-2004
> [email protected]
> 
> In God we trust, all others must bring data.
> 
> ________________________________________
> From: Ken Steele [[email protected]]
> Sent: Tuesday, January 08, 2013 5:52 PM
> To: Teaching in the Psychological Sciences (TIPS)
> Subject: Re: [tips] Failure of Critical Thinking: When Advertising Trumps 
> "Truth"
> 
> Hi Joe:
> 
> One difficulty I have with evaluating your argument is that I don't 
> know the specific details of your case.  This is not a call to reveal 
> private details but it is difficult for me to plumb your 
> benefit/danger ratios without details.
> 
> I think Mike P's point is that dealing with Big Pharma is like dealing 
> with Walmart, an aggressive and well-financed organization with a 
> clear goal.  Your point is that the entire world is not all like 
> Walmart, or that there are good deals to be had at Walmart if you are 
> a smart shopper.
> 
> Both seem plausible positions, but are we talking about canoes or 
> cannolis?
> 
> Ken
> 
> PS - Sorry to all who must live with a Walmart analogy; it is my world 
> and there is not a fresh cannoli to be purchased in Boone.
> 
> ---------------------------------------------------------------
> Kenneth M. Steele, Ph.D.                  [email protected]
> Professor
> Department of Psychology          http://www.psych.appstate.edu
> Appalachian State University
> Boone, NC 28608
> USA
> ---------------------------------------------------------------
> 
> 
> On 1/8/2013 4:47 PM, Horton, Joseph J. wrote:
>> Mike my point is that there is potential harm when the FDA limits 
>> available treatments. Unless there is fraud involved, I am all for 
>> open communication between pharmaceutical companies, physicians and 
>> their patients.
>> 
>> I certainly appreciate the role of well-done clinical trials.
>> (Note my signature file.) In the case of the drug I take, the patent 
>> protection expired decades ago. No clinical trials will be done. The 
>> potential side effects are well known. I am probably in more danger 
>> from taking low dose aspirin daily. I have to make decisions with 
>> less than perfect information every day. I support letting 
>> information freely flow so people can evaluate the evidence and make 
>> the most informed decisions possible.
>> 
>> Have a lovely evening, Joe
>> 
>> Joseph J. Horton, Ph. D. Box 3077 Grove City College Grove City, PA 
>> 16127
>> 
>> 724-458-2004 [email protected]
>> 
>> In God we trust. All others must bring data.
>> 
>> -----Original Message----- From: Mike Palij [mailto:[email protected]] 
>> Sent: Tuesday, January 08, 2013 1:33 PM
>> To: Teaching in the Psychological Sciences (TIPS) Cc: Michael Palij 
>> Subject: RE: [tips] Failure of Critical Thinking: When Advertising 
>> Trumps "Truth"
>> 
>> On Tue, 08 Jan 2013 08:59:25 -0800, Joseph J. Horton wrote:
>>> I am not particularly disturbed by this ruling depending upon just 
>>> what claims are being made. If it is clear the claim is based on a 
>>> collection of anecdotes rather than empirical study informing 
>>> physicians that others have found a drug useful seems fine.
>> 
>> I suggest reading the following blog entry from a legal firm that 
>> maintains the blog as a source of information on legal issues 
>> involving the FDA:
>> http://www.fdalawblog.net/fda_law_blog_hyman_phelps/2012/12/a-deep-di
>> ve-into-the-second-circuits-caronia-decision-potential-next-steps-and
>> -potential-enforcement.html
>> 
>> 
>>> I say this as one who regularly takes a drug for off label use.
>> 
>> I am not sure how this is relevant since mere personal experiences do 
>> not constitute data, only anecdote (at best a case study if done 
>> systematically but case studies are not scientific studies).  That 
>> being said, I too have had conditions where there was no established 
>> treatment and have received numerous drugs off-label, none of which 
>> worked (you don't know how much I hoped for a good placebo effect).  
>> A major problem with off-label drug treatment are the side-effects 
>> which can be significant.  Sometimes one thinks one is taking a step 
>> forward but winds up taking two steps back.
>> 
>>> It is a generic drug and has been for a very long time. Thus it 
>>> costs very little. No one would invest the time and money to conduct 
>>> a clinical trial for my issue. Yet the drug has dramatically 
>>> improved my quality of life. Were the FDA to take away my 
>>> physician's ability to prescribe it for me, I would be quite 
>>> disappointed.
>> 
>> With all sincerity, I am glad that the drug has done you good but I 
>> hope you realize that if it is being used off-label: (a) there is no 
>> empirical research evidence that the drug is the cause of the 
>> improvement (that is one of the major problems with using a drug in 
>> an off-label manner though there may be various crappy "open label" 
>> studies -- studies where participants and researchers know who is 
>> receiving the drug, possibly with no placebo control) and (b) even if 
>> the "Caronia case" goes in favor of the FDA on appeal, your doctor 
>> can still treat you with the off label drug because the FDA's focus 
>> is on the marketing of the drug.
>> 
>> Below I quote from the legal blog I cite above but I give warning 
>> that the quote is long.  It does, however, provide much significant 
>> context:
>> 
>> NOTE: the FDA prosecutes off label marketing as a violation of 
>> interstate commerce law; see the blog for details |On November 30, 
>> 2009, a jury found Alfred Caronia guilty of misdemeanor |conspiracy 
>> to introduce misbranded drugs into interstate commerce.  His 
>> |conviction was based on off-label statements he made while employed 
>> |as a pharmaceutical sales representative for Orphan Medical, Inc. 
>> ("Orphan").
>> |Specifically, Caronia verbally promoted the drug Xyrem, a
>> central nervous |system depressant approved only for the treatment of 
>> certain categories |of narcolepsy patients, to treat a variety of 
>> other conditions including insomnia,
>> |fibromyalgia, and Parkinson's.  He also promoted Xyrem for
>> use in an |unapproved patient population - individuals under the age 
>> of 16. | |The government began its investigation of Orphan in 2005, 
>> when former |Orphan saleswoman Shelley Lauterbach filed a qui tam 
>> suit against the |company.  During the course of the investigation, 
>> Caronia was recorded |on two occasions discussing off-label uses of 
>> Xyrem.  On both occasions, |Caronia was recorded speaking alongside 
>> Dr. Peter Gleason, a doctor |that Caronia had engaged to participate 
>> in "speaker programs" intended |to educate other physicians about 
>> Xyrem.  Caronia and Dr. Gleason |discussed off-label uses for Xyrem 
>> with Dr. Jeffrey Charo, an undercover |informant for the government.  
>> In 2006, the government filed charges against
>> |Orphan, Dr. Gleason, Caronia, as well as David Tucker (a
>> former Orphan |sales manager) for conspiring to promote Xyrem for 
>> off-label uses, and |thereby introduce a misbranded drug into 
>> interstate commerce. | |In March 2007, David Tucker pleaded guilty to 
>> a single felony misbranding |charge.  In July 2007, Orphan pleaded 
>> guilty to felony charges, and its
>> |parent company, Jazz Pharmaceuticals, Inc., agreed to pay $20
>> million and |enter into a Corporate Integrity Agreement to resolve 
>> both criminal and civil |charges.  In August 2008, Dr.
>> Gleason also pleaded guilty to criminal misbranding |charges.
>> | |Caronia, however, did not plead guilty and filed a motion
>> to dismiss his case |based inter alia on First Amendment grounds.  
>> The District Court denied his |motion, but noted that the allegations 
>> against Caronia included First
>> |Amendment-protected speech.  Nevertheless, the District Court
>> concluded |that the government's interpretation of the FDCA was 
>> constitutional under the |commercial speech doctrine because it did 
>> not limit speech more than was |necessary to achieve the government' 
>> objectives.  On appeal of Caronia's
>> |criminal conviction, the Second Circuit disagreed.
>> 
>> It is the Second Circuit's judgment that served as the basis for the 
>> Nature Med article. The blog entry goes into what possible follow-up 
>> actions that the FDA may engage in.
>> 
>> -Mike Palij New York University [email protected]
>> 

Paul Brandon
Emeritus Professor of Psychology
Minnesota State University, Mankato
[email protected]




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