The Snack Food Association: Washington’s Voice for Sugar, Fat and Salt

A recent study at Brown University Medical School published in the journal Appetite found that reducing the number of snack foods available to consumers could lead to reductions in consumption and therefore lower rates of obesity. However, the trend is in the opposite direction: each year hundreds of new snack foods are introduced to the market, advertised heavily, and retailed in more places. Snack foods represent an important growth opportunity for the food industry both in the U.S. and globally.

In 2005, sales of snack foods exceeded $61 billion in the U.S.3 Snack foods, which tend to be high in calories, sugar, and sodium, have become daily staples for millions of Americans, and, increasingly, for consumers in other parts of the world. Snack foods are among the most heavily advertised products on television, and the U.S. corporations that manufacture them are among the largest and most influential global companies. Retailers like snack foods because they are convenient to sell and have a high profit margin. Remarkably, candy and confectionary products are the third largest food category sold in the U.S., behind carbonated beverages and milk.2 The fourth largest category is salty snacks, and cookies rank seventh.2

Why are products consistently implicated in the growing rates of obesity continuing to expand their market share?

One reason is that makers of snack foods have a far more powerful voice in Washington, where the rules governing food and health are set, than do ordinary eaters or those concerned about obesity. According to its website, the Snack Food Association (SFA) is “the international trade association of the snack food industry.” 2 Founded in 1937, the SFA represents more than 800 manufacturers and suppliers of snack foods worldwide. Members include “manufacturers of potato chips, tortilla chips, cereal snacks, pretzels, popcorn, cheese snacks, snack crackers, meat snacks, pork rinds, snack nuts, party mix, corn snacks, pellet snacks, fruit snacks, snack bars, granola, snack cakes, cookies and various other snacks.”

What does the Snack Food Association do?

Its mission is “to provide value for SFA members by offering services and relationship building forums that strengthen the performance of member companies and support industry growth.” Its activities include serving as the voice for the snack food industry before government; researching and compiling annual snack industry sales and consumer data; promoting increased snack consumption by sponsoring National Snack Food Month in February; providing a positive industry voice to the national, local and trade media; educating manufacturers on technological advances in equipment and raw ingredients, and on consumer trends pertaining to the snack industry; sponsoring the largest convention and trade show in the world devoted exclusively to snacks (to sign up for the 72nd Annual Snaxpo in Orlando, Florida in 2009, visit http://www.snaxpo.com/); and providing technical support to its members through direct assistance, videos, seminars and publications.

In 2007, for example, the Snack Food Association held its annual Spring Summit in Washington, D.C.4 Some 40 snack food executives met with members of the House and Senate, heard a presentation from a top Defense Department official, who encouraged snack food companies to contribute products for troops who visit United Service Organization locations at America’s airports, and were treated to a VIP tour of the U.S. Supreme Court by Chief Justice John Roberts, who answered members questions about corporate law. In a luncheon address, Republican Senator Pat Roberts told the snack execs, “I don’t think the founding fathers felt that the federal government should get into what food we eat. Obesity is a big problem, but it is not the proper role of the federal government to tell people what to eat.” Instead, the Senator stated, consumers should use “moderation” in their diets and he called for legislation requiring schools to include physical education programs in their curriculum. The SFA also supports such legislation.

Other legislative priorities of the SFA include:

  • Opposition to limiting choice for Food Stamp Program participants
  • Opposition to redefining Foods of Minimal Nutritional Value
  • Opposition to the Country of Origin Labeling provision for Processed Peanuts
  • Opposition to union card check legislation, the Employee Free (Forced) Choice Act
  • Support for the Fair Labor Standards Act–Motor Carrier Exemption (Overtime Rules for Drivers of Vehicles Under 10,001 lbs.)
  • Support limited liability for food manufacturers (Commonsense Consumption Act)
  • Support for National Uniformity for Food
  • Support for requiring physical education in schools
  • Support for reform of the U.S. Sugar Program

The SFA has also sponsored research on the effects of sodium on blood pressure and health, and presents health information to the government panels that determine the Dietary Guidelines for Americans.2 The SFA is a sponsor of Best Food Nation , a public relations effort launched by the food industry respond to any criticism of the U.S. food system and to represent the industry’s views on the scientific evidence on obesity. Box 1 shows the members of Best Food Nation.

Box 1. Members of Best Food Nation

American Farm Bureau Federation
American Meat Institute
Cattlemen’s Beef Board
Corn Refiners Association
Food Products Association
International Franchise Association
National Cattlemen’s Beef Association
National Chicken Council
National Council of Chain Restaurants
National Milk Producers Federation
National Pork Board
National Pork Producers Council
National Potato Council
National Restaurant Association
National Retail Federation
National Turkey Federation
Produce Marketing Association
Snack Food Association
U.S. Potato Board
United Egg Producers

Recently, the SFA went before Congress to seek financial assistance from the U.S. government to alleviate the increasing commodities prices of corn, wheat, and other products that are affecting snack foods manufacturers. In fact, the growing price of snack food staples represents a significant threat to the industry’s continued profitability.

The SFA actively opposes any restrictions on the right of corporations to advertise unhealthy products. As required by the Lobbying Disclosure Act of 1995, the SFA is registered as a lobby organization with the Clerk of the U.S. House of Representatives and the Secretary of the U.S. Senate. Among other measures, the SFA has joined with the Alliance for American Advertising.6 According to The Wall Street Journal, at the time of its formation, the Alliance for American Advertising was the most ambitious effort yet to oppose government regulation in food advertising aimed at children; funders include industry giants General Mills, Kellogg and Kraft.7 The SFA has also joined with the lobby organization known as the American Council for Fitness and Nutrition in opposing restrictions on vending machines in schools; funders include PepsiCo, Coca Cola, Kraft Foods, and the National Soft Drink Association.7 These relationships illustrate the complex web of trade associations that work to protect industry interests in Washington and elsewhere.

The SFA also seeks to provide the media with positive messages on the snack food industry. For example, in an April 2007 press release, the SFA announced its support of voluntary school nutrition standards, stating, “The Snack Food Association is delighted to be part of a growing coalition of companies and trade associations that are doing their part to help parents, educators, and health professionals teach kids about healthier lifestyles.”9

Motivated by threats of tighter regulation and costly lawsuits, several multi-billion dollar corporations have agreed to voluntary measures to limit junk food advertising to children over the past two years. In August 2007, the Federal Trade Commission issued subpoenas to 44 food and beverage companies, including Coca Cola, McDonald’s, Kraft, General Mills, and Procter & Gamble, to request information on how they market their products to children.5 Products such as Trix cereal, Oreo cookies, and Pringles potato chips, are some of the products that contribute to childhood obesity. In an effort to convince skeptics that the snack and junk food industries can regulate themselves, some major corporations have implemented voluntary measures. Proposed measures include having at least half of junk food advertising directed at children under the age of 12 include the promotion of “healthier food options” or physical activity.10, 11

Critics of the Snack Food Industry

Critics question the value of these voluntary guidelines. According to Michael Jacobson of the Center for Science in the Public Interest, under these guidelines, so-called healthy ads could include advertisements for sugary cereal because they meet the FDA’s definition of “healthy” which does not speak to sugar content.10 He said the healthy lifestyle message could include Ronald McDonald pedaling a bicycle while eating fast food. 10 He stated, “That message still does more harm than good. It’s a joke.” 10

In recent years, many legislators have become concerned with the role of the food industry in contributing to the high rates of obesity in the U.S. In late 2006, Sen. Tom Harkin, an Iowa Democrat, ordered the Federal Trade Commission to look into the issue of junk-food advertisements targeting children. Commenting on the obesity epidemic, he stated, “We must take steps to protect our children’s health. Parents are being undermined by the junk-food culture that is increasingly promoted to our kids on TV.”5

The bottom Line

In sum, the SFA uses a variety of mechanisms to advance industry interests. The SFA claims to be a positive voice for snack food manufacturers, and it says it supports initiatives aimed at curbing the childhood obesity epidemic. But with most nutritionists agreeing that the central nutrition message today should be to eat less highly processed food, the Snack Food Association remains a powerful force for the opposite message, Eat more of the products our members make. Thus, the SFA serves as a powerful accelerator of the trends that that are making so many Americans overweight, sick and dying prematurely.

References

1. Raynor HA, Wing RR. Effect of limiting snack food variety across days on hedonics and consumption. Appetite. 2006;46(2):168-76.
2. Food Association website. Accessed April 22, 2008 at http://www.sfa.org
3. “Snack Food Trends in the U.S.: Sweet, Salty, Healthy and Kids Snacks.” July 1, 2006 Report published by Packaged Facts. 308 pages — Pub ID: LA1119533. Available for purchase at
http://www.marketresearch.com/map/prod/1119533.html
4. Gatty B. “Hitting ‘the hill’: Snack Food Association members lobbied congress about key issues.” June 1, 2007, Snack Food & Wholesale Bakery. Accessed June 1, 2008 at http://www.allbusiness.com/retail-trade/food-beverage-stores-
specialty-food/4510508-1.html
5. Lopes, G. “FTC not sweet on junk-food ads targeting children.” The Washington Times. November 7, 2006.
6. Institute of Medicine, Committee on Food Marketing and the Diets of Children and Youth, J. Michael McGinnis, Jennifer Appleton Gootman, Vivica I. Kraak, Editors. Food Marketing to Children and Youth: Threat or Opportunity.  2006. Washington, D.C.: The National Academies Press.  Available online at http://www.nap.edu/catalog.php?record_id=11514#toc
7. Ellison S. “Divided, companies fight for the right to plug kids’ food.” January 26, 2005. The Wall Street Journal.
8. Source Watch: A project of the Center for Media and Democracy. Article on the American Council for Fitness and Nutrition. Accessed June 1, 2008 at http://www.sourcewatch.org/index.php?title=American_Council_for_
Fitness_and_Nutrition
9. Snack Food Association press release dated April 26, 2007. “Snack Food Association Supports Voluntary School Nutrition Standards.” Accessed April 22, 2008 at: http://www.sfa.org/pressreleaseclinton.aspx
10. Martin, A. “Leading makers agree to put limits on junk food advertising directed at children.” The New York Times. November 15, 2006.
11. Brooks Barnes. “Limiting ads of junk food for children.” The New York Times. July 18, 2007.

Photo Credits:
1. bmcfee

Fixing the FDA: Options for the Next President

The last several years have not been kind to the Food and Drug Administration (FDA). Critics have accused the agency of being inefficient, failing to meet its mandates and of complicity with the pharmaceutical industry. The FDA has come under attack by Congress, health and medical professionals and the pharmaceutical, tobacco and food industries. One director was forced to quit and the current director has repeatedly been summoned by Congressional committees to respond to criticisms.

With the 2008 presidential election quickly approaching, the topic of health care, including the safety of pharmaceuticals, has gained increasing attention. The next United States President will face great pressure to reform the FDA and will need to simultaneously attend to issues of efficiency, drug and food safety, tobacco and funding. How the President and Congress choose to respond to industry calls to make the FDA even more business friendly and advocates calls for restoring the FDA’s public health mandates will shape how a key federal agency will regulate corporate practices that influence health in the next four years.

This Corporations and Health Watch story begins a series examining recent conflicts about the FDA, the positions of the presidential candidates on the agency and options for 2009 and beyond. This report’s focus is on the FDA and the pharmaceutical industry. Future reports will examine the role of the FDA in regulating food and tobacco.

Drug Safety

Vioxx

The FDA’s recent troubles with Vioxx, Avandia and Heparin illustrate the range of problems the agency faces in premarket testing, oversight of foreign industries and on limiting industry influence on its decisions. In Fall of 2004, pharmaceutical giant Merck began the largest and most expensive drug recall in history by pulling its drug Vioxx off the market after studies showed that chronic use was associated with an increased risk of heart attacks and strokes. Approved in 1999 based on data submitted to the FDA but not reviewed through the standard scientific peer review, Vioxx is reported to have caused as many as 139,000 heart attacks.1

Although Merck was initially praised for its voluntary withdrawal of the product, critics later charged that Merck had known about the risks involved with long-term use far earlier than it had gone public with them.1 Merck was eventually shown to have ignored research published three years earlier, which found that long-term Vioxx use increased risk of cardiovascular events, and to have planted studies in medical journals that were attributed to independent researchers.2 Whistleblower and 20 year employee of the FDA David Graham later testified that the agency’s role in the Vioxx scandal was far from innocent, stating: “What happened with Vioxx is really a symptom of something far more dangerous to the safety of the American people. Simply put, the FDA and its Center for Drug Evaluation and Research are broken.”1

Avandia

In June 2007, the New England Journal of Medicine published a meta analysis of 42 clinical trials for Avandia that showed that the drug was associated with increased risk of myocardial ischemic events.3 It wasn’t until five months later that the FDA announced additional warnings on the Avandia product label. In addition, an advisory committee voted to keep the product on the market despite a later study published in the Journal of the American Medical Association which concluded that Avandia was associated with increased risk of acute myocardial infarction, congestive heart failures and mortality in older patients undergoing diabetes treatment.4

Heparin

Earlier this year, the FDA was criticized for failing to protect Americans against a contaminated supply of the blood thinner Heparin. At least 19 people died and hundreds became sick after consuming the contaminated product that had been imported from China. The Heparin case raised questions about the agency’s ability to regulate and inspect a growing flow of imported drugs and drug ingredients.

Compounding the problem of limited resources for plant inspections, FDA policies do not extend to the foreign study sites that produce more than 20% of clinical trial data submitted to the FDA.5 Moreover, at present, 80% of all active drug ingredients are imported.6 Finally, the FDA has reported an 800% increase in the number of cases of counterfeited pharmaceutical ingredients between 2000-2006.7 Exacerbating the already flawed foreign inspection process is the fact that the FDA does not bring its own translators or hire independent ones but rather relies on English-speaking representatives of the plants it visits to translate during the inspection process.

The Government Accountability Office stated that in order for the FDA to complete full inspections of foreign plants, it would require more than $56 million in additional funds with $15 million required to inspect Chinese plants every two years.8 The New York Times reported that at the current inspection pace, the FDA would need “at least 27 years to inspect every foreign medical device plant that exports to the United States, 13 years to check every foreign drug plant and 1,900 years to examine every foreign food plant.”8 Though the Bush Administration stated there were plans to improve the FDA’s ability to conduct foreign inspections, no funds were allocated for this purpose in President Bush’s yearly budget.

In order to apply for approval, drug companies must conduct clinical trials of products under development. However, the FDA does not require that these clinical trials be published and are therefore not subject to peer review. Mandated by the 1997 Food and Drug Administration Modernization Act (FDAMA), in 2000 the FDA created a national clinical trial registry for pharmaceutical corporations to submit clinical trial data. FDAMA required manufacturers to register their clinical trials at clinicaltrials.gov and to give a detailed account of both their experiments and eligibility requirements for research subjects. However, the FDA neither enforced compliance nor encouraged use of the clinical trial registry. While some manufacturers, such as Merck, did register their clinical trials, they only reported results that favored their products as they are not required to submit raw data. This led to suppression of full information about the efficacy and safety of new products under development.1

The FDA seems to be increasingly entangled with industry in ways that affect the process of review and regulation. For example, the Agency has frequently delayed the release of information about potential health effects of approved medical products. In the case of the Ortho Evra birth control patch manufactured by Johnson & Johnson that was linked to increased risk of blood clots and strokes and resulted in 50 deaths, the FDA did not make public these risks until six years after Johnson & Johnson’s own study showed such an association.9 After numerous lawsuits were filed against the manufacturer, Johnson & Johnson utilized the legal argument of pre-emption, claiming it could not be sued because the FDA had approved the patch and warning label. Testifying at a trial over the schizophrenia drug Zyprexa, former FDA scientist Dr. John Gueriguian who worked at the agency for two decades stated that the FDA did not always pursue strong warnings on products considered potentially dangerous, in part, because the pharmaceutical industry objects to warnings: “We at the FDA know what we can obtain and what we cannot obtain – and what we can’t obtain we will not ask.”9 By withholding negative findings, then using the FDA approval based on this limited information to preempt litigation from those harmed, the drug industry has made the FDA its ally in avoiding liability.

Under-funded, Understaffed and Overtaxed

Responsible for the safety of the nation’s food and drug supply, it might strike the American public as odd that the FDA budget is less than that of the school board of Montgomery County—the county in which the FDA is located.10 The FDA, particularly under the Bush Administration, has been chronically underfunded while at the same time it has been saddled with increasing responsibility.

The Prescription Drug User Fee Act (PDUFA) has been the source of both funding and controversy for the FDA. Adopted in 1992, the act requires pharmaceutical and biological products makers to pay fees for product applications and supplements. These fees are used to hire staff to assist in reviewing product applications, thus accelerating the process of drug approval. Though some have argued that user fees provide a vital source of revenue for an already underfunded agency and have suggested their application to overseas producers, a widely cited New England Journal of Medicine study suggested that PDUFA deadlines affect the safety of approved drugs with those approved right before a deadline being less safe than drugs approved at other times.11 By rushing through product applications, the FDA opens itself to the potential for an increase in recalls. PDUFA must be renewed every five years and over time has become more controversial. Public health critics of the PDUFA argue that it makes the FDA increasingly susceptible to industry pressure. Industry officials have critiqued user fees as unfair as the government is responsible for safety reviews.

Given these uncertainties about both the ability of the FDA to regulate the drug industry and the influence of Big Pharma on the agency through the use of such fees, the agency lost funding for a direct-to-consumer advertising fee provided by the FDA Amendments Act (FDAAA). Legislators also axed $1 million in funding for the new Reagan-Udall Foundation, a foundation created by Congress to work independently from the FDA to enhance product safety and innovation.

With a woefully inadequate budget and what many FDA staff characterize as a demoralizing work environment, the agency faces staff shortages that limit its ability to carry out inspection and regulation tasks properly. In 1997, Congress gave the FDA funding to support more than 9,000 scientists; today the number actually employed is less than 1,000.10 Further, the FDA is not able to match salaries in the private sector making it difficult for the agency to attract top candidates. Under the Bush Administration, the FDA has faced reduced funding and has lacked consistent leadership, often operating without a confirmed commissioner. Drug scandals and low morale have also lead to increased resignations, with many former employees citing pressure to express status quo scientific opinions and a belief that their work supported marketability more than health as reasons for leaving.12 A 2006 Union of Concerned Scientists survey of 5,918 FDA scientists found 1 in 5 reported that they experienced pressure from top-level FDA employees to gear their work according to political and corporate interests.13 Understaffing is also linked to slowdowns in drug approval rates with 19 new drugs being approved in 2007 compared to 53 approved in 1996.14

During this same period, Congress and the President gave the FDA more responsibility. For example, in the fall of 2007, Congress gave the agency increased power to regulate drug safety and data disclosure. However, the ability of the FDA to take on additional responsibilities is hindered not just from lack of adequate funding and high rates of turnover but also by an inefficient organizational climate. As a case in point, the FDA currently uses more than 300 non-compatible databases and has not created a centralized system which would allow researchers, medical professionals and the general public to access clinical trial information efficiently.1 The Office of the Inspector General (OIG) in the Department of Health and Human Services (HHS) has stated that the lack of an efficient FDA information system has hampered its ability to properly oversee research. Because of this, the FDA inspects less than 1% of clinical trials and less than 300 Institutional Review Boards (IRB) each year.14

Challenges from Across the Political Spectrum

The FDA has been a frequent target on Capitol Hill, in the press and from public health advocates. Democratic lawmakers have called for increases in user fees in order to improve surveillance and inspections. Earlier this year Representative Bart Stupak (D-MI), the chairman of the House Energy and Oversight and Investigations subcommittee, called for acting FDA commissioner Andrew von Eschenbach and other FDA officials to resign due to their “total lack of leadership.”14 Referring to scandals over Sanofi-Aventis’ antibiotic Ketek which caused liver damage and other serious side effects, Senator Charles Grassley (R-IA) stated, “There were sirens, red flags, and bullhorns, but it looks like the company and the FDA kept ear plugs and blinders on.”7

Public health advocates commonly critique FDA review and regulatory procedures as serving industry at the expense of public health. Consumers Union, Consumer Federation of America, US PIRG and others have repeatedly argued that the FDA has not adequately protected the American public from dangerous medical and food products and has charged the Bush Administration as crippling an already weak system. In a March 2005 joint letter to the committee charged with reviewing Dr. Lester Crawford to be the Commissioner of the FDA, the three agencies noted that the FDA suffers from a lack of adequate authority to regulate the pharmaceutical industry, from conflicts of interest which prohibited the public release of important research findings, and from the data reporting procedures which favor industry at the expense of peer review and open information.15 Similarly, in April 2008, the Prescription Project, Community Catalyst, National Physicians Alliance, Prescription Access Litigation, Community Catalyst and US PIRG gave comments urging the FDA not to adopt the draft guidance that would have allowed pharmaceutical representatives to distribute single studies to medical providers on the benefits of off-label drug use.16 The coalition called for hearings on what circumstances, if any, should allow for such practices but noted that as the draft guidance was currently constituted, it would benefit industry at the expense of good science and public health and safety. Also in April, Consumers Union Policy Counsel Ami Gadhi testified before the US House of Representatives Subcommittee on Health, Energy & Commerce Committee that “the call for a major overhaul of the FDA has now become a roar.”17

In March of 2005 the Center for Medical Consumers, Center for Science and the Public Interest, Command Trust Network, National Research Center for Women & Families, National Women’s Health Network and US PIRG launched a media campaign including a now defunct website http://www.FixTheFDA.org, television and print ads detailing the flaws in the FDA regulation system. On one campaign flyer, the groups argued, “Unfortunately, the FDA is broken. The public’s health is being compromised to the point of negligence. The current Vioxx controversy is just the latest symptom of a system in crisis. It’s not all the agency’s fault. Congress has reduced the FDA’s authority, slashed enforcement budgets, and weakened its legal powers.” The groups then called for Congress to close loopholes and fix the FDA before further scandals occurred.

Conservatives arguing from a free-market perspective have suggested that the FDA cannot be reformed and should be abolished. Libertarian new source The Freeman, a publication of the Foundation for Economic Education, has argued that the FDA operates as a legally protected monopoly and that increasing the powers of and funding for the FDA will only exacerbate problems with the fledgling agency. In July of 2005 Freeman author Arthur E. Foulkes claimed that overcautious regulatory and review practices at the FDA kept important medications from market and from helping those who might be benefited by them: “How free is a land in which bureaucrats and politicians decide which health-care options are legal and which is not? No one is made better off by having peaceful options in life denied him. The FDA is beyond being reformed. It should be abolished.”18 In a later Freeman piece, author Larry van Heerden echoed the critiques of public health advocacy groups, noting the impact of user fees and corporate influence on the ability of the FDA to operate efficiently and objectively. However, rather than calling for increased reform and stricter standards to reduce corporate influence, van Heerden argued for abolishing the FDA in support of a free-market system and the responsibility of consumers to be self-informed: “In a system without such gate keeping, where drugs were available along with all the information on risks and benefits, the market would sort out the wheat from the chaff, dramatically lowering the financial stake in any single drug and reducing the tendency for drug companies to engage in fraud and deception.”19

Conservative critiques of the FDA are not new. In the early 1990s a coalition of conservative organizations raised concerns over the FDA regulatory process, particularly questioning agency restrictions on off-label use of medication and the slow rate of new drug approval. Industry leaders and conservative commentators continue to point to the slow down in approval rates as signs of ineffectiveness and an overly-cautious regulatory environment caused, in part, by a bevy of recent scandal over approved pharmaceuticals such as Vioxx. Though the FDA argues that new drugs will have to show marked safety or efficacy advantage over existing drugs in order to gain approval, industry officials claim that slowdowns increase development costs and inhibit competition by blocking new drugs from entering the market and taking market share away from established drugs. Despite overall arguments defending current approval procedures for new drugs, even the FDA’s own Science Board acknowledges that slowdowns in approval for new medical technologies and pharmaceuticals has a negative impact and “means that American lives are at risk.” 20

The FDA responds to its critics

The FDA has both defended itself against its critics and acknowledged deep structural issues that prohibit it from functioning properly. Facing increasing criticism, in 2005 the FDA asked the Institute of Medicine (IOM) to assess the safety of the U.S. drug system. The IOM released its report, “The Future of Drug Safety: Promoting and Protecting the Health of the Public” in September 2006 noting that the “perception of crisis” has compromised the credibility of the FDA and of the pharmaceutical industry;” that there is widespread agreement amongst stakeholders to improve the drug safety system; that the current system is currently hindered by “serious resource constraints that weaken the quality and quantity of the science that is brought to bear on drug safety” as well as a less than optimal organizational climate and insufficient and unclear regulatory authority; and a lack of transparency on the part of both the FDA and the drug industry to communicate safety concerns in a timely and appropriate manner.21 In response to the report, the FDA stated it would take steps to improve the integrity of the science behind the entire process of medical product safety; to improve risk communication policies and procedures; and to strengthen management and operations in order to ensure an effective U.S. drug safety system.22

The 2008 Presidential Election and the Chance for Reform

In their review of the history of the FDA, Borchers et al (2007) note that the “evolution of the FDA can be described as a series of ‘crisis-legislation-adaptation’ cycles: a public health crisis promoted the passage of congressional legislation, which was then followed by implementation of the law by the FDA.”23 Though this pattern reflects the history of the FDA at large, the authors note that current crises and challenges facing the FDA are so severe that only “strong and permanent leadership willing to redefine the role and procedures of the FDA” will be successful in getting the agency back on track. With the 2008 presidential campaign approaching and the state of the FDA in near permanent crisis, neither Democratic candidate Barack Obama nor Republican challenger John McCain have staked out strong positions on the FDA.

Senator Obama’s website offers some information about his stance on prescription drugs. His primary focus is on reducing the cost of prescription drugs by increasing the amount of safe pharmaceuticals imported from the developing world and increasing the amount of generic medications available on the market. While Obama notes the importance of breaking up insurance monopolies that drive up premiums, he does not call for similar moves in the pharmaceutical industry. Further, Obama takes no official stance on the FDA at large, plans to increase the safety of imported drugs or prescription drug marketing.

By comparison, in her campaign, former Democratic challenger Hillary Clinton, commented at more length on FDA issues. On the need for FDA reform, Clinton stated on her website: “Recently, concerns have been raised about the ability of the FDA to ensure the safety of drugs marketed to American consumers. I believe there is a clear need for post-marketing monitoring.”24 Like Obama, Clinton proposed to lower prescription drugs through the promotion of generic medicines and the importing of safe drugs from developing countries. To reduce prescription drug prices, Clinton argued for breaking up pharmaceutical monopolies to create generic competition. On the safety of drug imports, Clinton critiqued the Bush Administration for its failure to protect the American people from unsafe pharmaceutical imports:

If George Bush won’t start that process now, I will when I am President. As I laid out in my import safety agenda, I will require that foreign drug makers produce a certification that they have met American safety standards as a condition of import into the United States, confirmed by independent testing and inspection. I will open permanent FDA oversight offices in at-risk countries like China so that episodes like this one are not repeated. I will require foreign drug makers to accept random, surprise inspections, rather than notifying them in advance – and giving them a chance to clean up their act — as we do now. And I will stiffen civil and criminal penalties for violators. It is a basic obligation of government to protect its citizens. Americans can count on me as President to protect the food we eat, the toys our children play with and the drugs we take to make us healthy, not sick.25

Finally, Clinton noted that for every direct-to-consumer marketing dollar spent, pharmaceutical sales increased by $4.20. To address this issue, she suggested limiting such advertising, instituting a reporting requirement for financial arrangements between providers and industry, and protecting information about the prescribing practices of medical providers from being sold to drug manufacturers.

Senator McCain offers little information about his views on the FDA and the need for its reform on his presidential website. Like the Democratic challengers, McCain calls for increased imports of pharmaceuticals and faster genetic drug approvals. On McCain’s Senate website, transcripts of statements given to the Senate provide more information. In July 2002, McCain urged the Senate to pass the “Greater Access to Affordable Pharmaceuticals Act.” In his testimony, McCain argued against current pharmaceutical monopolies and for increased generic competition. In order to effect such a change, McCain argued: “This should not be done by imposing price controls or creating a universal, government-run health care system. Rather, a balance must be found that protects consumers with market-based, competitive solutions without allowing those protections to be manipulated at the consumers’ expense, particularly senior citizens and working families without health care insurance.”26 In support of the “Pharmaceutical Market Access and Drug Safety Act of 2004,” McCain specifically addressed the safety of drug imports noting, “To ensure the safety of this new system, the FDA would be required to regularly inspect Canadian exporters as well as domestic importers. The legislation also would require all importers and exporters to maintain a full chain of custody, or pedigree, for the drugs imported into the U.S.”27 Finally, in February 2005, McCain supported the “The Pharmacy Market Access and Drug Safety Act of 2005,” which would lower the cost of imported prescription drugs. He stated: “None of us have any illusions that enacting drug importation legislation will easy. Powerful special interests will continue to try to block us every step of the way. However, this is a battle worth fighting and winning for American consumers.”28

In a February 2008 blog entry from EyeOnFDA.com, Mark Senak of marketing and communications giant Fleishman-Hillard, briefly compared the positions of presidential candidates at that time on the FDA. He noted,

All of the candidates also tend to agree that they want to bring in new technology and devices to manage information, cultivate more prevention programs and to improve the quality of healthcare. But what was perhaps most surprising was the fact that as much as the candidates differ on the details of these reforms, they were nearly all in favor of two changes that would have a hefty impact on the pharmaceutical market place – Medicare Part D reform and the importation of prescription drugs. In other words, change with this election cycle is of course, inevitable, but it is also highly possible, if not probable, that candidates from both political parties will embrace these two reforms. To me, that was news. 29

Certainly it seems then that regardless of the winner of the next US presidential election, Americans can expect increased attention to the lowering the price of pharmaceutical products by increasing imports and access to generic medicines. However, neither Obama nor McCain have articulated their positions on the necessity for deep structural reform within the FDA and the need for creative solutions for both a source and level of funding that would allow the agency to properly review and inspect domestic and foreign food and drug applications, data and manufacturing plants.

In the coming months, health advocates may want to press the candidates to explain in more detail their positions on the FDA. More generally, the presidential candidates and those running for Congress will need to articulate how they propose to change the cozy relationship between the pharmaceutical industry and the FDA in order to allow the agency to fulfill its original mandate. Unless the next US President and Congress take a strong stand on the need for FDA reform and a transformation of the relationship between the FDA and the industries it regulates, it is likely that the trends of the past, crisis—legalization—adaptation, will continue at the expense of American health and public safety.

References

1. Dohrman, AJ. Rethinking and Restructuring the FDA Drug Approval Process in Light of the Vioxx Recall. Journal of Corporation Law. 2005;31(1):203-223.
2. Mukherjee, D; Nissen, SE; Topol, EJ. Risk of Cardiovascular Events Associated With Selective COX-2 Inhibitors. JAMA. 2001;286(8):954-959.
3. Nissen, SE; Wolski, K. Effect of Rosiglitazone on the Risk of Myocardial Infarction and Death from Cardiovascular Causes. New England Journal of Medicine. 2007; 356(24):2457-2471.
4. Lipscombe, LL; Gomes, T; Lvesque, LE; Hux, JE, MSc; Juurlink, DN; Alter, DA. Thiazolidinediones and Cardiovascular Outcomes in Older Patients With Diabetes. JAMA. 2007;298(22):2634-2643. Wechsler, J. FDA Hit for Poor Clinical Oversight. Applied Clinical Trials. 2007;16(11):30-35.
5. Wechsler, J. FDA Hit for Poor Clinical Oversight. Applied Clinical Trials. 2007;16(11):30-35.
6. Washington Post. Fixing the FDA: Lack of funding inhibits crucial drug inspections abroad. Friday, March 7, 2008; A16.
7. Loewenberg, S. US FDA Feels the Heat from Congressional Hearings. The Lancet. 2008; 371:1565-1566.
8. Gardiner, H. U.S. Identifies Tainted Heparin in 11 Countries. New York Times. April 22, 2008.
9. Harris, G; Berenson, A. Drug Makers Near Old Goal: A Legal Shield. The New York Times. April 6, 2008.
10. Hubbard, W. The Overwhelmed FDA. The Boston Globe. June 3, 2007.
11. Carpenter, D; Zucker, EJ; Avorn, J. Drug-Review Deadlines and Safety Problems. New England Journal of Medicine. 2008;358(13):1354-1361.
12. Ross, W. What’s Up with the FDA? Medical Marketing & Media. 2008. Accessed at: http://www.mmm-online.com/Whats-Up-with-the-FDA/article/104861/
13. Union of Concerned Scientists. FDA Scientists Pressured to Exclude, Alter Findings; Scientists Fear Retaliation for Voicing Safety Concerns Public Health and Safety Will Suffer without Leadership from FDA and Congress. 2006. Accessed at: http://www.ucsusa.org/news/press_release/fda-scientists-pressured.
html
14. Wechsler, J. Attacks on FDA Escalate. Pharmaceutical Technology. May 2, 2008. Accessed at: http://pharmtech.findpharma.com/pharmtech/Washington+Report/
Attacks-on-FDA-Escalate/ArticleStandard/Article/detail/515161?context
CategoryId=484
15. Consumers Union; Consumer Federation of America; US Public Interest Group. March 15, 2005. Accessed at: http://www.pirg.org/consumer/pdfs/crawfordfda.pdf
16. Prescription Project; Community Catalyst; National Physicians Alliance; Prescription Access Litigation; Community Catalyst; US PIRG. Comments Concerning the United States Food and Drug Administration Draft Guidance for Industry “Good Reprint Practices for the Distribution of Medical Journal Articles and Medical or Scientific Reference Publications on Unapproved New Uses of Approved Drugs and Approved or Cleared Medical Devices.” Docket No. FDA-2008.D.0053. April 21, 2008.
17. Consumers Union. Statement of Ami Gadhia Concerning Discussion Draft of “FDA Globalization Act” Subcommittee on Health, Energy & Commerce Committee U.S. House of Representatives. May 1, 2008. Accessed at: http://www.consumersunion.org/pub/core_product_safety/005598.html
18. Foulkes, AE. The FDA Cannot be Reformed. The Freeman. July 1, 2005.
19. van Heerden, L. Abolishing the FDA. The Freeman. March 1, 2007.
20. Harris, G. Advisers Say F.D.A.’s Flaws Put Lives at Risk. The New York Times. December 1, 2007.
21. Institute of Medicine. The Future of Drug Safety: Promoting and Protecting the Health of the Public. September 22, 2006. Accessed at: http://www.iom.edu/?id=37339
22. Food and Drug Administration. The Future of Drug Safety: Promoting and Protecting the Health of the Public. FDA’s Response to the Institute of Medicine’s 2006 Report. Accessed at: http://www.fda.gov/oc/reports/iom013007.pdf
23. Borchers, AT; Hagie, F; Keen, CL; Gershwin, ME. The History and Contemporary Challenges of the US Food and Drug Administration. Clinical Therapeutics. 2007; 29(1):1-16.
24. Clinton, H. Accessed at: http://clinton.senate.gov/issues/health/
25. Clinton, H. Clinton Responds to FDA Tripling Its Estimates For Heparin-Related Deaths. April 9, 2008. Accessed at: http://www.hillaryclinton.com/news/release/view/?id=6989
26. McCain, J. McCain Urges Senate to Pass Generic Drug Bill Quickly. July 17, 2002 Accessed at: http://mccain.senate.gov/public/index.cfm?FuseAction=PressOffice.
Speeches&ContentRecord_id=aa8ace59-666d-4d42-aad7-caab
44252e3e&Region_id=&Issue_id=766fba58-c762-4e68-bf3d-
99163108bb35
27. McCain, J. Pharmaceutical Market Access and Drug Safety Act of 2004. April 21, 2004. Accessed at: http://mccain.senate.gov/public/index.cfm?FuseAction=PressOffice.
PressReleases&ContentRecord_id=980980e5-c3c5-441d-a909-
ff3b10e03b96&Region_id=&Issue_id=766fba58-c762-4e68-bf3d-
99163108bb35
28. McCain, J. McCain Continues to Fight for Lower Prescription Drug Costs. February 9, 2005. Accessed at: http://mccain.senate.gov/public/index.cfm?FuseAction=PressOffice.
PressReleases&ContentRecord_id=48c8769f-1462-4e54-a7c3-
37209175d2fc&Region_id=&Issue_id=766fba58-c762-4e68-bf3d-
99163108bb35
29. Senak, M. Where the Candidates Stand – A Side by Side Comparison and Conclusion. January 02, 2008. Accessed at: http://www.eyeonfda.com/eye_on_fda/2008/01/where-the-candi.html

Photo Credits:

1. MooN
2. goodmosconi
View CHW’s coverage on Corporations, Health and the 2008 Presidential Race:

Part 1: Following the Money
Part 2: Clinton, Obama and McCain on the Role of Corporations
Part 3: Clinton, McCain, Obama and the Food Industry

Corporate Practices as a Determinant of Health Disparities: An Interview with Stephen Thomas

Stephen Thomas, Ph.D. is the director of the Center for Minority Health (CMH) and the Philip Hallen Professor of Community Health and Social Justice in the University of Pittsburgh Graduate School of Public Health. He has written widely about racebased disparities and is founding cochair, with Thomas LaVeist from Johns Hopkins University, of the new Academy for Health Equity, an organization whose mission is to “utilize rigorous scientific research, policy development, and community advocacy to eliminate health disparities and create a social movement designed to ensure equal opportunity for health.” Recently Corporations and Health Watch director Nick Freudenberg interviewed Dr. Thomas about his views on corporate practices as a social determinant of health and as a creator of disparities in health, an interview excerpted here.

CHW: In your view, what role do the practices of food, alcohol, and tobacco industries play in explaining differences in black and white health status?

ST: I think this question about fast food, alcohol, and tobacco marketing is an underrecognized burden driving racial and ethnic health disparities simply because of the artificial tension between market forces and issues of personal judgment. I don’t think they’re all artificial but they are sometimes set up as if they are mutually exclusive. In a free society we assume that people have the right to choose and therefore if they choose to make bad choice it’s their fault, not the fault of the broader society or the environment in which they live and operate. And that gives a false choice that has resulted in many African American communities suffering disproportionately from very sophisticated targeted marketing in black neighborhoods when it comes to legal commercial products that are known risk factors associated with poor health outcomes. For a long time, the tobacco industry put a lot of money into cultivating publications and organizations serving African Americans including, but not limited to, Jet and Ebony magazines. Additionally, they’ve sponsored conferences with civil rights organizations like the Urban League and NAACP as well as demonstrate their commitment to “diversity” by hiring black executives to get them into the African American community and establish market share and brand loyalty. The industry’s successful use of “cultural tailoring” resulted in a positive dynamic with black leaders and those spheres of influence in which they operate. In this way tobacco and alcohol industry executives have more “bottom line credibility” than those of us in public health.

CHW: Do you see differences between tobacco and food and alcohol, other industries which play an important role in health, both in the way they’ve acted in black communities and in the way they’re perceived in the black community?

ST: Yes. First of all the alcohol and tobacco industries market products that are not required to sustain life, and yet the food industry does. And both the alcohol and tobacco industries have used sophisticated marketing techniques to penetrate the black community with products that are known to be associated with negative health outcomes. Tobacco is the most egregious because there’s no healthy way to use their products, but the alcohol industry has also been very sophisticated in their penetration. For the food industry, it was only recently that we had enough scientific evidence to show that these poor food choices, (empty calories, fat, supersizing), and the marketing of fast food in black neighborhoods is directly related to poor health outcomes.

Billboard for Uptown Cigarettes, a product developed by RJ Reynolds to market to African Americans but withdrawn after community protests.

CHW: Given these differences, how would you suggest that public health researchers and those concerned about health disparities address the food industry?

ST: I don’t think we’ll be able to fight that battle in the food industry the way we did with tobacco because you do have to eat to live, and so it requires a partnership. We cannot demonize fast food like we demonized tobacco. It’s not likely that we’ll have the equivalent of a tobacco settlement with fast food companies. We might consider following the path of the Robert Wood Johnson Foundation, which is partnering with the food industry as a way of trying to address the national problem of childhood obesity. So it is a Faustian bargain when McDonald’s starts distributing pedometers and positioning themselves to be the promoters of physical activity and good health.

CHW: As food companies look to partner, particularly with African American communities, what should communities do in order to ensure fair partnerships?

ST: I don’t think you can have a fair partnership on an unfair playing field. So I can think of no equal partner when you talk about the industry. I think therefore that vulnerable neighborhoods, be they Black, Hispanic, or poor of any color are always at a disadvantage. So they’d end up trading jobs and economic benefits that do not reduce the risk of the products that’s being marketed in the community. I don’t think it could be done fairly, in other words I think that there is a role for the federal government and for regulation in those kinds of interactions.

CHW: The federal government has said eliminating disparities in health is one of its goals. Do you think Federal, state and local government can make real differences in health disparities by targeting the disparity producing activities of the industries that we’re discussing?

ST: Well the goal to eliminate racial and ethnic health disparities outlined in Healthy People 2010 was really set in motion before the current administration was in place. But the current administration has actually supported decreased regulation and an increase in letting the market decide policy. Their focus has been on personal responsibility and as a result, poor food choices and exposure to alcohol and tobacco advertisements have been seen more as individual choices and moral failings rather than actual business practices, business policies, and federal policies that make urban city communities in particular vulnerable. It’s my hope that in Healthy People 2020 we do not lose the focus on eliminating racial and ethnic health disparities. The sevenpart Public Broadcasting documentary “Unnatural Causes” will hopefully raise awareness about the role that policy and poverty and social determinates of health play in population health. However, if you don’t watch public TV you may not even know that the documentary exists. It’s really up to us as a community to use the documentary to mobilize at the local level as a grassroots movement for health equity. I think grassroots movements can affect change at these broader levels where social determinants of health operate. But it cannot be done unless the community is educated.

CHW: As you’ve probably seen, there’s a lot of discussion in public health about how public health advocates frame issues in order to successfully mobilize communities. I wonder if you think there’s potential for using the disparities in health and the racial targeting frames as a way of approaching industry and personal responsibility for health.

ST: I think that the health disparity and health equity frame has created a space to move beyond the biomedical model, organ systems model and the diseasespecific model, so that we really can address these broader issues. The problem is that the language really doesn’t capture headlines. One need only look at the national news to see literally a story every day focused on a new medical breakthrough for some rare and odd disease and seldom do we have that kind of focus on racial and ethnic health disparities. So we need to do work in how to frame our issues also in a very aggressive media market. Currently, there is no national organization currently focused on health disparity. However, this summer will be the founding meeting of the Academy for Health Equity in Denver and I think that’s the nascent beginnings of a national organization to provide leadership in this area. But, like any new nonprofit organization, it is vulnerable to changes in funding cycles and other startup issues. And because they’ve staked out their moral and scientific ground in “health equity”, the organization may not be able to morally take money from pharmaceuticals and other [such] businesses because it would be a contradiction … inconsistent with their philosophical foundation.

CHW: As you know, advertisers, including alcohol, tobacco and food corporations, use cultural and racial ethnic images and themes to sell products that are health damaging. How do you think this targeting is viewed in the black community and does it raise ethical issues for you?

ST: I think the targeting is viewed positively, even if the product is negative, because the images are so compelling. In other words, the industry has trumped public health in understanding how to shape behavior. They have powerful imagery and we have no equivalent in terms of matching this level of sophistication. So when you see a McDonald’s or any fast food product ad that takes place in a black church or has the gospel theme music, automatically black people resonate with that even though the product may be a well known “killer” of black people. Someone inside the public relations firm has tapped into the cultural understanding of black people. And I have yet to see public health counter with our version of this understanding. And even if we did, we’d never get the market share or broadcast time. So here again we are on an unequal playing field: ethnic targeting works. Our aim should not be to criticize it because they’re being successful with promoting negative behaviors, but to somehow harness it to do just the opposite.

CHW: Do you think that there’s room within ethnic targeting to contest how the food, alcohol and tobacco corporations do that? For instance, the “Truth” Campaign around tobacco targeted youth around a specific set of values.

ST: I think that we can attack it but there are several things I’ve seen that diminish my enthusiasm for how effective it can be. For example, we have tobacco companies now doing primetime TV spots, very highly produced, supposedly promoting antismoking among teens. But if you talk to anyone in the professional health communication industry, they will very clearly tell you that the methods being used don’t work. So what you’re seeing is that the industry is using their market share to promote antismoking messages that they already know don’t work. In the environmental area, we have oil companies promoting environmental friendliness. We will soon see alcohol companies promoting “don’t drink”. I don’t think that we can count on them to actually do things that are not in their selfinterest. And so on the surface it looks like they’re promoting health messages and in reality they’re actually using techniques that have already proven to be unsuccessful in health behavior change. We have no equivalent counter point to this type of PR insurgency. . The Truth campaign was excellent, but fragile in the sense that it is vulnerable to funding cuts and it is vulnerable to only being able to be used on one area like tobacco. We need the equivalent of that across the full range of products being marketed that are known to cause disease.

CHW: Let’s say some grouping of public health professionals and advocates working in African American and Latino communities asks for your advice about how to create such a broadbased mobilization. What advice could you give them? What strategy could they take to counter multiple industries and multiple products to compete effectively with these industries in the middletolong term?

ST: I believe we have to think completely outside of the box. I’m going to be radical here for a moment and say that there should be a tax on companies with products that are known to be associated with premature illness and death. These funds would go into a national endowment to support the media campaign, a campaign that is not under industry control and that would use people like Chris Rock and other entertainers to produce the health education message as part of their public service contribution. I don’t think the reach of the entertainment industry can be underestimated in terms of getting the word out. But there has to be a sustainable funding base that’s not so vulnerable to a downturn in grants and those kinds of things.

CHW: What piece of that do you think can happen on the neighborhood level?

ST: I’ll give you an example around the issue of tobacco: in Philadelphia people literally went out and whitewashed billboards where there were tobacco ads. That was front page news; it was highly visible. It definitely mobilized people, but the problem is that it also destroyed property. And when it was all over, after the media cycle, was what next? The billboards were back up. I think that at the local level, we need to have a billboard audit and to have a policy where some percentage of billboards is controlled by the community to promote health and prevent disease.

CHW: Earlier you talked about the role of tobacco philanthropy in the black community. Do you have any suggestions or thoughts about how to raise that as an issue for dialogue and debate within African American or for that matter other communities?

ST: I think it has to be raised by black people. When white public health professionals raise the issue, they never come up with a way of replacing the revenue that’s lost. As a result, a black magazine or a black organization can’t have its national meeting because the revenue’s lost. So it looks like well wishing white liberals not understanding the dynamics of what it takes to sustain black publications or black organizations. It’s like a false choice, a trap. So there have to be credible African Americans leading this charge.

CHW: Perhaps the tax fund that you talked about could offer a real alternative for supporting arts and cultural and other organizations that would address race and class based health disparities.

ST: Absolutely. Unfortunately, black advocacy groups in Washington that could take on this issue have lost their credibility because they’ve taken money from the tobacco and alcohol industries in order to support their lobbying efforts on behalf of the black community. We shouldn’t underestimate the power of the marketplace. If we get African Americans and other minorities to change their habits then we don’t have to rely solely on the practices of advertisers. There is probably some history of how industries have changed simply because the consumer has changed and I think we need to look back and find examples, especially coming out of the civil rights movement, and see if we can replicate it. I also think that we need enforcement. Finally, I would say that we have to look in the mirror as public health officials and harness the new technology of YouTube, the web and Wikipedia to really break out beyond the traditional channels. Right now as you can see with what’s happened with digital music; the whole industry’s business model is upsidedown. That has opened up space for us in public health to use digital media as a way of creating a new space where the playing field is more equal to create innovative messaging that can promote health and prevent disease. I don’t think we’ve done enough in that arena. And we cannot simply complain; we also have to produce. Now is the time for less talk and more action!

Selected recent peer-reviewed articles on corporate targeting and the impact of corporate practices on socioeconomic, racial/ethnic, gender and age inequities in health

A small but growing number of studies examine how corporate practices influence health inequities. Studies have described and analyzed how corporations target selected populations for marketing of unhealthy products, assessed the impact of these practices on differences in health behavior and health, and explored other ways that corporate decisions maintain or exacerbate health disparities. Here Corporations and Health Watch summarizes a few of these recent reports and invites readers to submit additions to the list for subsequent posting.

Baker EA, Schootman M, Barnidge E, Kelly C. The role of race and poverty in access to foods that enable individuals to adhere to dietary guidelines. Prev Chronic Dis. 2006; 3(3):A76.

Analyzes the results of an audit of community supermarkets and fast food restaurants to assess the location and availability of food choices that enable individuals to meet the dietary guidelines established by the U.S. Department of Agriculture. The researchers used supermarket and fast food restaurant audit tools to assess the availability of healthy food choices in the urban area of St. Louis, Missouri. The researchers found that two factors (race and income) are associated with the location of food outlets and the selection of foods available. Individuals living in mixed or white high-poverty areas and in primarily African American areas are less likely to have access to foods that would enable them to make healthy food choices. The researchers recommend collaborations with the business community and political structures to make it economically viable to provide equal access to healthy food choices.

Brody H, Hunt LM. BiDil: assessing a race-based pharmaceutical. Ann Fam Med. 2006; 4(6): 556-60.

Analyzes scientific evidence on BiDil, the first drug approved by the Food and Drug Administration to be marketed to a single racial-ethnic group, African Americans, for the treatment of congestive heart failure. The authors discuss the problems that can arise when race is viewed as a biological-medical construct, leading to an overly simplistic assumption of a racial and hence presumed genetic difference while obscuring the “economic, social, cultural, and ethical issues lurking in the background.” The authors predict that the manufacturer will launch a publicity campaign targeting African Americans, and that family medicine doctors will be asked by their patients for the new “for blacks only” medication.

Freudenberg N, Galea S, Fahs M. Changing corporate practices to reduce cancer disparities. J Health Care Poor Underserved.2008; 19(1):26-40.

Reviews data on disparities in cancer morbidity and mortality in the United States, and reviews evidence on corporate practices contribute to cancer risk behavior, incidence, and cancer disparities. The authors propose that the practices of the tobacco, alcohol and food industries be considered as modifiable social determinants of health. The authors conclude with recommendations for research, practice, and policy that would lead to what they term “less carcinogenic” corporate practices.

Kwate N O A. Fried chicken and fresh apples: Racial segregation as a fundamental cause of fast food density in black neighborhoods. Health and Place 2008;14:32-44.

Analyzes pathways by which racial segregation contributes to higher density of fast food outlets in Black neighborhoods in US. The author proposes that population characteristics, economic characteristics, physical infrastructure and social processes of Black neighborhoods each contribute to creation of “localized geographic areas for targeting by fast food corporations and operators.”

Kwate NO, Lee TH. Ghettoizing outdoor advertising: disadvantage and ad panel density in black neighborhoods. J Urban Health. 2007;84(1):21-31.

Investigates correlates of density of outdoor advertising in predominantly African American neighborhoods in New York City. Authors found that that black neighborhoods have more outdoor advertising space than white neighborhoods, and these spaces disproportionately market alcohol and tobacco advertisements. By linking census data with property data at the census block group level, investigators found that two neighborhood-level determinants of ad density were income level and physical decay.

Macdonald L, Cummins S, Macintyre S. Neighbourhood fast food environment and area deprivation-substitution or concentration? Appetite. 2007l;49(1):251-4.

Investigates associations between area deprivation and the location of the four largest fast-food chains in Scotland and England. The authors report statistically significant increases in density of outlets from more affluent to more deprived areas for each individual fast-food chain and all chains combined. They conclude that these findings support a “concentration” effect whereby environmental risk factors for obesity appear to be ‘concentrated’ in more deprived areas.

Monsivais P, Drewnowski A. The rising cost of low-energy-density foods. J Am Diet Assoc. 2007; 107(12): 2071-6.

Discusses the results of a study on the energy density and retail prices of 372 foods and beverages in major supermarket chains in the Seattle, WA metropolitan area in 2004 and 2006 (energy density and prices were calculated in terms of $/100g and $/1,000 kcal). The researchers discuss the role of lower energy-density foods as a strategy for managing overweight and obesity. The two-year price change for the least energy-dense foods was +19.5% whereas the price change for the most energy-dense foods was -1.8%. The researchers suggest that the lower price of energy-dense foods and the resistance of energy-dense foods to price inflation may help explain why the highest rates of obesity in the United States are observed among those with limited economic means.

Morrison MA, Krugman DM, Pumsoon P. Under the radar: smokeless tobacco advertising in magazines with substantial youth readership. Am J Public Health. 2008; 98(3): 543-48.

Reviews the level of advertising of smokeless tobacco products before and after the Smokeless Tobacco Master Settlement Agreement (STMSA). The researchers determined that the STMSA appears to have had a limited effect on adolescents’ exposure to the advertising of smokeless tobacco in magazines with high youth readership. The researchers determined that adolescent boys (aged 12-17) are at greatest risk for exposure to smokeless tobacco advertisements.

Primack BA, Bost JE, Land SR, Fine MJ. Volume of tobacco advertising in African American markets: systematic review and meta-analyses. Public Health Rep. 2007; 122(5): 607-15.

Reviews the peer-reviewed literature on the density of pro-tobacco media messages. Of the studies identified for inclusion, 11 met the eligibility criteria for the current review. The researchers pooled the results of these studies in a meta-analysis and conclude that African Americans are exposed to a higher volume of pro-tobacco advertising. The researchers also cite evidence demonstrating that African Americans bear the greatest morbidity and mortality burdens due to smoking, and that exposure to pro-tobacco media messages predicts cigarette smoking.

Schor JB, Ford M. From Tastes Great to Cool: Children’s Food Marketing and the Rise of the Symbolic. Journal of Law, Medicine & Ethics. 2007; Spring issue on Childhood Obesity: 10-21.

Discusses the increasing participation of children in the consumer markets, their heavy media use and exposure to high levels of advertising. The researchers discuss deteriorating diets and rising obesity, as well as the shift in children’s food advertisements from product attributes to symbolic messages. The researchers cite studies that demonstrate that exposure to junk food marketing is much higher for low-income children as well as racial and ethnic minority children, groups that also have higher rates of obesity.

Thompson DA, Flores G, Ebel BE, Christakis DA. Comida en venta: after-school advertising on Spanish-language television in the United States. J Pediatr. 2008; 152(4): 576-81.

Analyzes the content of food and drink commercials aired during after-school hours (3 to 9 p.m.) on two Spanish-language television stations in the United States. The researchers found that children viewing Spanish-language television in the United States after school are exposed to food and drink commercials, mostly advertising unhealthy foods, including fast foods and sugared drinks. The researchers propose that food and beverage advertising to children via Spanish-language television may contribute to the high rates of obesity among Latino children.

Yerger VB, Przewoznik J, Malone RE. Racialized geography, corporate activity, and health disparities: tobacco industry targeting of inner cities. J Health Care Poor Underserved. 2007; 18(4 Suppl): 10-38

Reviews more than 400 internal documents from the tobacco industry to explore the ways in which the tobacco industry targeted inner cities populated predominately by low-income African American residents in the 1970s-1990s. The authors cite studies demonstrating that smoking rates remain higher among the poor, the less educated and other underserved populations, despite significant reductions in the overall smoking rate in the United States. This archival analysis demonstrates how the tobacco industry’s promotion activities and the “menthol wars” fought by tobacco companies in America’s inner-cities have contributed to the tobacco-related health disparities that we observe today.

Corporate Targeting and the Impact of Corporate Practices on Socioeconomic, Racial/ethnic, Gender and Age Inequities in Health

Selected Peer-reviewed Articles

A small but growing number of studies examine how corporate practices influence health inequities. Studies have described and analyzed how corporations target selected populations for marketing of unhealthy products, assessed the impact of these practices on differences in health behavior and health, and explored other ways that corporate decisions maintain or exacerbate health disparities.

Here Corporations and Health Watch summarizes a few of these recent reports and invites readers to submit additions to the list for subsequent posting.

 

Baker EA, Schootman M, Barnidge E, Kelly C. The role of race and poverty in access to foods that enable individuals to adhere to dietary guidelines. Prev Chronic Dis.2006; 3(3):A76.

Analyzes the results of an audit of community supermarkets and fast food restaurants to assess the location and availability of food choices that enable individuals to meet the dietary guidelines established by the U.S. Department of Agriculture. The researchers used supermarket and fast food restaurant audit tools to assess the availability of healthy food choices in the urban area of St. Louis, Missouri. The researchers found that two factors (race and income) are associated with the location of food outlets and the selection of foods available. Individuals living in mixed or white high-poverty areas and in primarily African American areas are less likely to have access to foods that would enable them to make healthy food choices. The researchers recommend collaborations with the business community and political structures to make it economically viable to provide equal access to healthy food choices.

 

Brody H, Hunt LM. BiDil: assessing a race-based pharmaceutical. Ann Fam Med. 2006; 4(6): 556-60.

Analyzes scientific evidence on BiDil, the first drug approved by the Food and Drug Administration to be marketed to a single racial-ethnic group, African Americans, for the treatment of congestive heart failure. The authors discuss the problems that can arise when race is viewed as a biological-medical construct, leading to an overly simplistic assumption of a racial and hence presumed genetic difference while obscuring the “economic, social, cultural, and ethical issues lurking in the background.” The authors predict that the manufacturer will launch a publicity campaign targeting African Americans, and that family medicine doctors will be asked by their patients for the new “for blacks only” medication.

 

Freudenberg N, Galea S, Fahs M. Changing corporate practices to reduce cancer disparities. J Health Care Poor Underserved. 2008; 19(1):26-40.

Reviews data on disparities in cancer morbidity and mortality in the United States, and reviews evidence on corporate practices contribute to cancer risk behavior, incidence, and cancer disparities. The authors propose that the practices of the tobacco, alcohol and food industries be considered as modifiable social determinants of health. The authors conclude with recommendations for research, practice, and policy that would lead to what they term “less carcinogenic” corporate practices.

 

Kwate N O A. Fried chicken and fresh apples: Racial segregation as a fundamental cause of fast food density in black neighborhoods. Health and Place 2008;14:32-44.

Analyzes pathways by which racial segregation contributes to higher density of fast food outlets in Black neighborhoods in US. The author proposes that population characteristics, economic characteristics, physical infrastructure and social processes of Black neighborhoods each contribute to creation of “localized geographic areas for targeting by fast food corporations and operators.”

 

Kwate NO, Lee TH. Ghettoizing outdoor advertising: disadvantage and ad panel density in black neighborhoods. J Urban Health. 2007;84(1):21-31.

 

Investigates correlates of density of outdoor advertising in predominantly African American neighborhoods in New York City. Authors found that that black neighborhoods have more outdoor advertising space than white neighborhoods, and these spaces disproportionately market alcohol and tobacco advertisements. By linking census data with property data at the census block group level, investigators found that two neighborhood-level determinants of ad density were income level and physical decay.

 

Macdonald L, Cummins S, Macintyre S. Neighbourhood fast food environment and area deprivation-substitution or concentration? Appetite. 2007l;49(1):251-4.

Investigates associations between area deprivation and the location of the four largest fast-food chains in Scotland and England. The authors report statistically significant increases in density of outlets from more affluent to more deprived areas for each individual fast-food chain and all chains combined. They conclude that these findings support a “concentration” effect whereby environmental risk factors for obesity appear to be ‘concentrated’ in more deprived areas.

 

Monsivais P, Drewnowski A. The rising cost of low-energy-density foods. J Am Diet Assoc. 2007; 107(12): 2071-6.

Discusses the results of a study on the energy density and retail prices of 372 foods and beverages in major supermarket chains in the Seattle, WA metropolitan area in 2004 and 2006 (energy density and prices were calculated in terms of $/100g and $/1,000 kcal). The researchers discuss the role of lower energy-density foods as a strategy for managing overweight and obesity. The two-year price change for the least energy-dense foods was +19.5% whereas the price change for the most energy-dense foods was -1.8%. The researchers suggest that the lower price of energy-dense foods and the resistance of energy-dense foods to price inflation may help explain why the highest rates of obesity in the United States are observed among those with limited economic means.

 

Morrison MA, Krugman DM, Pumsoon P. Under the radar: smokeless tobacco advertising in magazines with substantial youth readership. Am J Public Health. 2008; 98(3): 543-48.

Reviews the level of advertising of smokeless tobacco products before and after the Smokeless Tobacco Master Settlement Agreement (STMSA). The researchers determined that the STMSA appears to have had a limited effect on adolescents’ exposure to the advertising of smokeless tobacco in magazines with high youth readership. The researchers determined that adolescent boys (aged 12-17) are at greatest risk for exposure to smokeless tobacco advertisements.

 

Primack BA, Bost JE, Land SR, Fine MJ. Volume of tobacco advertising in African American markets: systematic review and meta-analyses. Public Health Rep. 2007; 122(5): 607-15.

Reviews the peer-reviewed literature on the density of pro-tobacco media messages. Of the studies identified for inclusion, 11 met the eligibility criteria for the current review. The researchers pooled the results of these studies in a meta-analysis and conclude that African Americans are exposed to a higher volume of pro-tobacco advertising. The researchers also cite evidence demonstrating that African Americans bear the greatest morbidity and mortality burdens due to smoking, and that exposure to pro-tobacco media messages predicts cigarette smoking.

 

Schor JB, Ford M. From Tastes Great to Cool: Children’s Food Marketing and the Rise of the Symbolic. Journal of Law, Medicine & Ethics. 2007; Spring issue on Childhood Obesity: 10-21.

Discusses the increasing participation of children in the consumer markets, their heavy media use and exposure to high levels of advertising. The researchers discuss deteriorating diets and rising obesity, as well as the shift in children’s food advertisements from product attributes to symbolic messages. The researchers cite studies that demonstrate that exposure to junk food marketing is much higher for low-income children as well as racial and ethnic minority children, groups that also have higher rates of obesity.

 

Thompson DA, Flores G, Ebel BE, Christakis DA. Comida en venta: after-school advertising on Spanish-language television in the United States. J Pediatr. 2008; 152(4): 576-81.

Analyzes the content of food and drink commercials aired during after-school hours (3 to 9 p.m.) on two Spanish-language television stations in the United States. The researchers found that children viewing Spanish-language television in the United States after school are exposed to food and drink commercials, mostly advertising unhealthy foods, including fast foods and sugared drinks. The researchers propose that food and beverage advertising to children via Spanish-language television may contribute to the high rates of obesity among Latino children.

 

Yerger VB, Przewoznik J, Malone RE. Racialized geography, corporate activity, and health disparities: tobacco industry targeting of inner cities. J Health Care Poor Underserved. 2007; 18(4 Suppl): 10-38

Reviews more than 400 internal documents from the tobacco industry to explore the ways in which the tobacco industry targeted inner cities populated predominately by low-income African American residents in the 1970s-1990s. The authors cite studies demonstrating that smoking rates remain higher among the poor, the less educated and other underserved populations, despite significant reductions in the overall smoking rate in the United States. This archival analysis demonstrates how the tobacco industry’s promotion activities and the “menthol wars” fought by tobacco companies in America’s inner-cities have contributed to the tobacco-related health disparities that we observe today.

Corporations and Campus Research: How private industry dollars influence scientific discovery and threaten public health

On March 26, 2008, the New York Times published a front page story revealing that the Liggett Group, a major tobacco company, had supported research at Weill Cornell Medical College showing the benefits of early screening for lung cancer. The article, published by the New England Journal of Medicine in 2006 did not disclose the source of funding. The Journal’s editor, Dr. Jeffrey M. Drazen, told the Times“In the seven years that I’ve been here, we have never knowingly published anything supported by a cigarette maker.” The authors of the report and officials at Weill Medical College denied any effort to cover up the source of the funding. However, former New England Journal editor Dr. Jerome Kassirer, author of a book about medical conflicts of interest, expressed skepticism about this denial. He told the Times that he believed that Weill Cornell had created the foundation to hide its receipt of money from a cigarette company. You have to ask yourself the question, ‘Why did the tobacco company want to support her research?’ They want to show that lung cancer is not so bad as everybody thinks because screening can save people; and that’s outrageous.

Last November, the University of California at Berkeley and BP, the global energy company formerly known as British Petroleum, signed a $500 million, 10-year deal to create the Energy Biosciences Institute to conduct research on energy and environmental issues. BP will appoint four of the Institute’s eight directors and, according to the Daily Cal, the Berkeley student newspaper, at least 50 BP scientists will be able to conduct proprietaryresearch at UC Berkeley and the University of Illinois. These researchers work under the sole control and discretion of BP, and their work can remain secret and thus free from scrutiny. Critics expressed concerns about the academic integrity of the Institute and also questioned a partnership with a company that has been indicted in numerous environmental violations and illegal business practices. Only a few months prior to signing the contract with Berkeley, BP and its subsidiaries paid $373 million to settle dozens of legal cases, including one that involved the leaking of crude oil from pipelines in Alaska.

To prove that UC doesn’t limit sponsorship to industries under attack by public health and environmental advocates, University of California at Davis recently accepted an endowed chair in chocolate science from the Mars Corporation in order to study the antioxidant properties of cacao.In fiscal year 2006-7, UC received more than $16.6 million from Philip Morris for tobacco research, and in September 2007, the Board of Regents voted 14 to 4 to continue accepting tobacco money for faculty research. According to the San Francisco Chronicle, nearly all the regents expressed disdain for the tobacco industry’s criminal behavior and distortion of research, but several of those who voted to continue to accept funding said they were deferring to faculty concerns about academic freedom. Intended to shield researchers from tobacco industry influences, the resolution adds new administrative procedures. Under this new measure, research proposals seeking tobacco industry funding are now required to pass through a scholarly review and receive approval from the campus chancellor. In addition, the UC president must present annual reports to the Regents on the number of proposals submitted, approved and funded, along with a description of each.

Moving east, the University of Virginia’s School of Medicine decided in 2006 to accept $25 million from Philip Morris to fund research on youth and tobacco. When challenged on the decision, Dean Arthur Garson insisted the answer was simple, a company has offered us $20 million to develop better ways so kids don’t smoke. Period.

These and many similar accounts highlight a growing trend in academia to accept industry money to pay for research, new laboratories, and high-powered professors. In 2005, industry provided universities with $2.3 billion for research and development. While the dollar amount has been growing, according to Daniel Greenberg, author of Science for Sale The Perils, Rewards and Delusions of Campus Capitalism,1 industry actually contributes only a tiny fraction of the overall university research budget—far more comes form government sources such as the National Institutes of Health (NIH) and the National Science Foundation (NSF). In New York State, for example, total university spending on research and development in 2004 was $3.4 billion, of which only $146 million—just over 4%—came from industry.

Why the new push for corporate funding for university research?

If industry pays for only a small part of academic research, why are universities now so eager to pull in industry dollars? Why are they willing to cede control of their own research, a prerogative often jealously guarded in the past? And what are the consequences of this growing source of support for academic institutions and for public health research? In this reportCorporations and Health Watch examines industry influence on academic research; assesses its impact on universities, science and public health; and describes critics’ efforts to counter this trend and pose other policy options.

As in any intimate relationship, changes reflect the concerns of both partners. For universities, the most obvious starting point is dollars. Between 1970 and 2003, federal funding for research increased dramatically, making it easy for many universities and researchers to steadily increase their research revenues. Just between 1999 and 2003, the NIH budget more than doubled from $13 billion to $27 billion.2 But since then, the Bush Administration has cut funding for scientific research at both NIH and NSF, forcing universities to turn elsewhere to support their habit.

On the business side, the quest for a stronger and more direct presence in university research reflects the downturn in federal funding but also a recognition that direct funding offers some advantages. These include the right to conduct research that benefits companies directly; to withhold information that could jeopardize profits; and to send university scientists to appear in public forums to advance the company’s agenda, perhaps with greater credibility than their own staff. In the longer run, these trends can help business to privatize university research, allowing market forces and the search for profits—rather than academic traditions—to dictate the rules of research. As Robert Reich notes in his new book Supercapitalism,3 increased competition among global companies forces them to seek every competitive edge they can find. Increasingly, bought scientists are one such edge.Rather than discontinue research projects altogether, universities and health institutions are taking up partnerships with corporations, exchanging rights to intellectual property for financial support. While this practice is not uncommon to university engineering and technology programs, its increasing presence in the biomedical and other health sectors is of particular concern to the health of the public.

The BP deal with Berkeley illustrates these benefits of direct funding, allowing dozens of scientists to pursue a research agenda shaped by the company on university property, where scientists benefit from the publicly supported (through California tax support and prior NIH funding) research infrastructure but escape the usual obligation to share their findings with the public and the wider scientific community.

The tobacco industry has long hired scientists to ‘debunk,’ or increase doubt about accepted scientific findings that show that tobacco causes cancer and other health conditions. Research studies show that several industries often withhold research findings that could cause a problem for their products or choose to require scientists to pose their research questions in a way that minimizes the possibility for finding harm.

In 2005, the British newspaper The Observer reported that a respected osteoporosis researcher at Sheffield University had questioned American pharmaceutical giant Procter and Gamble’s (P&G), decision to publish drug research in his name even though he had not been given full access to the data that the paper reported, and that the report was written by a ‘ghost writer’ paid for by P&G before being given to him.When researchers change findings at the behest of the sponsoring company to or fail to disclose industry sponsorship of their work, companies exploit the credibility of apparently independent scientists. In the case of Vioxx, the painkiller withdrawn from the market by Merck after it was linked to serious cardiovascular side effects, it appears that university scientists changed their findings at the behest of the company. The editor of the New England Journal of Medicine, which originally published the study, charged that an internal company memo showed that the researchers knowingly suppressed data on three additional heart attacks among Vioxx users that was available months before the paper was published.4 Had that data been included, Vioxx would have looked much riskier.

If universities and companies benefit from new partnerships, what’s the problem?

While growing corporate academic research partnerships may bring benefits to both universities and companies, they raise serious problems for academic integrity, scientific credibility and public health.

First, the imperative to produce findings that benefit the bottom line encourages biased, even dangerous science. For example, on his blog (BrodyHooked) and in his new book Hooked: How Medicine’s Dependence on the Pharmaceutical Industry Undermines Professional Ethics,5 Howard Brody, Director of the Institute for the Medical Humanities University of Texas Medical Branch notes that commercially sponsored studies paid for by the pharmaceutical industry are roughly four times more likely than neutral studies to favor the company’s drug. So commercial bias has been shown to be real and substantial.Similarly, researchers found that studies sponsored by the food industry to evaluate the health benefits of their product were 7.6 times more likely to find such benefits than were studies wholly funded by independent sources.6

Closer corporate ties may also jeopardize traditional academic values of freedom of inquiry, an obligation to share and disseminate research findings freely, and to criticize other researchers’ work without fear of reprisal. In exchange for their dollars, companies often ask universities to sign agreements that restrict publication rights, assign patents or other intellectual property to the company rather than the scientist or the public, and compromise protections for human volunteers.This biased evidence base can skew public policy deliberations—if negative findings have been suppressed, policy makers may falsely assume a product has been demonstrated to be safe. Moreover, increased media focus on industry manipulation of scientific research to benefit its bottom line, whether by suppressing negative findings, ghost writing articles, or preventing authors from sharing proprietary discoveries that could benefit the sponsoring company, can tarnish all scientists. This increased distrust of scientists can make it harder for researchers to participate in public debate as independent voices. For example, when it turned out that much of the research evidence—and advocacy—on behalf of the Human Papilloma Virus vaccine was sponsored by Merck & Co., the maker of the vaccine Gardasil, many citizen groups opposed mandatory vaccinations, even though most public health officials believe the vaccine is a public health advance.7

Since companies support research that they believe will bring in new revenues, they are more likely to fund projects that yield intellectual property that can be patented and sold, such as alternative fuel sources, new processed foods, or medical drugs and devices. Some of these products may promote population health but others do not. Significantly, research that benefits the public but does not generate profits is avoided, thus skewing the research enterprise. As corporate funding increases and government funding declines, this trend may accelerate.

Companies often attach many strings to their gifts, ensuring they can maintain control of the research. For example, in the partnership between BP and UC Berkeley, BP requires that it appoint company representatives for 4 out of 8 board of director seats. Corporate ties to university leaders are especially prevalent in medical schools. In a national survey of department chairs at 140 medical schools and teaching hospitals, Eric Campbell, Senior Scientist at the Institute for Health Policy at Massachusetts General Hospital, found that 60% of department chairs and 67% of departments as administrative units had relationships with industry—as a consultant, member of an advisory board, paid speaker, officer, founder, or member of the board of directors.8 When such ties are normative, resisting undue corporate influence may be especially difficult.

Developing guidelines for reducing corporate influence on university research

In summary, closer ties with corporations may represent a threat to universities because they can undermine academic freedom, divert university resources from other more pressing scientific questions and social needs, and make universities accessories to corporate interests rather than free-standing critical institutions.

In recent years, several research organizations and researchers have proposed guidelines to reduce corporate influences on university research. Many professional organizations, university administrators and researchers are resisting the corporate takeover and seeking to establish professional guidelines and standards that limit corporate influence on the university.

Public Citizen’s Health Research Group, for example, lays out a framework in which one can begin to think about solutions to or prevention of potential conflicts. In a 2007 report to the Institute of Medicine’s Committee on Conflict of Interest in Medical Research, Education, and Practice, the Health Research Group described three basic approaches that can be taken up by institutions—legal restrictions, policy restrictions, and disclosure.9

As an example of a policy decision, the University of Texas’ McCombs School of Business recently turned down an offer of money from Altria Group, the former parent company to Philip Morris. For UT McCombs, the decision was an ethical one. Dean George stated the leadership of the school felt that in some sense it was tainted money, that it is money gotten from a product that is significantly harming people. Associate Dean Paula Murray called the decision to turn down Altria’s money a no-brainer. 10

Professional associations like the International Epidemiology Association, the Institute on Medicine as a Profession, and the Union of Concerned Scientists, as well as advocacy campaigns such as the Restoring Scientific Integrity Network, the Prescription Project, theCenter for Tobacco Control Research and Education, and the Center for Science in the Public Interest work to educate researchers about corporate influences on university research and advocate for the adoption of policies that will remove industry interests from academic research endeavors.

Both the Center for Science in the Public Interest (CSPI) and the Union of Concerned Scientists offer explicit policy options for universities and individual researchers.

 

How to get corporate interests out of academic research

1. Universities can adopt corporate funding policies to protect their autonomy and preserve researchers’ academic freedoms.

2. Universities can prohibit representatives of corporate donors from sitting on research programs’ governing boards.

3. Universities can prohibit industry donors from controlling the content and direction of research programs.

4. Universities can eliminate ‘first rights’ intellectual property clauses from donor agreements.

5. Universities can ensure that company representatives cannot make substantive editorial changes in manuscripts or delay their publication.

Source: The Center for Science in the Public Interest. Strings Tied to Industry-Academic Collaborations at ‘Big Oil U.’ Press Release. Jan 22, 2008.

And the Union of Concerned Scientists called on the scientific community to hold Congress accountable to upholding the pursuit of scientific integrity with the following suggestions:

Scientists employed by government institutions commit themselves to serve the public good free from undisclosed conflicts of interest and to carry out science that is reliable and useful, while respecting statutory limitations such as national security laws. Therefore, government scientists should, without fear of reprisal or retaliation, have the freedom to:

  • Conduct their work without political or private-sector interference;
  • Communicate candidly their findings to Congress, the public, and their scientific peers;
  • Publish their work and to participate fully in the scientific community;
  • Disclose misrepresentation, censorship, and other abuses of science; and
  • Have their technical work evaluated by scientific peers.

A third set of guidelines, shown below, has been proposed by the Royal Netherlands Academy of Sciences.11 These provide detailed suggestions for how to negotiate university industry agreements that do not compromise academic integrity or bias results. By using these various guidelines, academic institutions and university researchers can begin to reassert their rights and responsibilities to set the terms for their scientific inquiries.

Declaration of scientific independence*

1. The structure of the research shall not be geared towards producing the desired outcome for the client.

2. The assignment and its objective shall preferably be formulated jointly by the client and the researcher.

3. Remuneration and other tokens of appreciation shall never depend on the outcomes or interpretation of the research.

4. The results of the scientific research shall be published irrespective of whether they are favourable to the client.

5. The scientist shall always be free to publish the findings of the research within a specified reasonable period of time. In this context two months can be regarded as a reasonable period, with six months generally the maximum (this period being calculated from the moment that the final results are submitted to the client). An exception should be made where there are issues of intellectual property in which case a period of no longer than 12 month would be acceptable.

6. The methods of publication shall be stipulated in the contract. Publication in a scientific journal shall take place in consultation with the client, but the researcher shall have the final say on the contents, the authors, the form of publication and where the research will be published.

7. External financiers of research assignments and/or other sponsors shall be mentioned by name in publications and other forms of disclosure.

8. Relevant interests and/or advisory relations of the researcher(s) shall be cited in publications and other forms of disclosure.

9. The text of the contract shall be available for inspection in confidence by the National Council on Research Integrity (LOWI).

 

*This Declaration forms the heart of the code of conduct proposed by the Royal Netherlands Academy of Sciences.

Source: Van der Meer J et al, 2007.11

References

1. Greenberg DS. Science for Sale The Perils, Rewards and Delusions of Campus Capitalism.ChicagoILUniversity of Chicago Press; 2007.
2. Mervis J. NIH Shrinks, NSF Crawls as Congress Finishes Spending Bills. Science. 2006:311(5757):28–9. 
3. Reich RB. Supercapitalism: The Transformation of Business, Democracy, and Everyday Life. New York: Kopf; 2007. 
4. Curfman GD, Morrissey S, Drazen JM. Expression of concern: Bombardier et al., Comparison of upper gastrointestinal toxicity of rofecoxib and naproxen in patients with rheumatoid arthritis. N Engl J Med. 2000;343:1520-8. 
5. Brody H. Hooked: How Medicine’s Dependence on the Pharmaceutical Industry Undermines Professional Ethics. Rowman & Littlefield Publishers, Inc.: Lanham, MD; 2008.
6. Lesser LI, Ebbeling CB, Goozner M, Wypij D, Ludwig DS. Relationship between funding source and conclusion among nutrition-related scientific articles. PLoS Med. 2007 Jan;4(1):e5. 
7. Allen TJ. Merck’s Murky Dealings: HPV Vaccine Lobby Backfires. Special to CorpWatch, March 7th, 2007. Available at:http://www.corpwatch.org/article.php?id=14401. Accessed March 24, 2008. 
8. Campbell EG. Institutional academic industry relationships. JAMA. 2007;298(15):1779-86.
9. Lurie P. Presentation before the Institute of Medicine’s Committee on Conflict of Interest in Medical Research, Education, and Practice (HRG publication #1830). November 5, 2007. Washington, DC. Available at:http://www.citizen.org/publications/release.cfm?ID=7553
&secID=1656&catID=126
. Accessed on March 24, 2008. 
10. Finder A. Some Campuses Decide Tobacco Company Money Is ‘Tainted.’ The New York Times. Feb 4, 2008. Available at:http://www.nytimes.com/2008/02/04/education/04tobacco.html. Accessed on March 24, 2008. 
11. van der Meer JW, de Gier AM, van Swaaij WP, Katan MB. Independent medical research. Neth J Med. 2007;65(4):124-6.

New Alliances: Food Safety and Animal Welfare Organizations Join Forces to Demand Change

This past February, the nation saw the largest recall of meat in American history. More than140 million pounds of frozen ground beef slaughtered by the Hallmark Meat Packing Corporation in the last two years and supplied to Westland Meat Company was recalled after an undercover Humane Society of the United States (HSUS) video revealed evidence of widespread mistreatment of “downed” cattle. Hallmark employees were seen attempting to force downed cattle to slaughter by kicking them, applying electrical shocks, battering them with the blades of forklifts, and jabbing them in the eyes. In addition to outrage over inhumane treatment, the video raised the alarm of food safety organizations, as downed cattle are more likely to be infected with foodborne pathogens. Such concerns were heightened by the disclosure that Westland Meat Company was a supplier to the National School Lunch Program and commercial outlets.

In this case, researchers, advocates and policy makers concerned about public health, food safety and animal rights worked together to expose and seek to correct a situation that they believed violated food safety rules, animal rights and basic public health principles.On February 20, 2008, one day after the the United States Department of Agriculture announced the recall of Hallmark/Westland beef, seven food safety and animal rights organizations wrote a joint letter to USDA Secretary Ed Schafer urging the department to list the retail recipients of the Hallmark/Westland meat to better inform consumers about the recall. These organizations, Center for Foodborne Illness Research & Prevention; Center for Science in the Public Interest; Consumer Federation of America; Consumers Union; Food & Water Watch; Government Accountability Project and Safe Tables Our Priority [S.T.O.P.], further urged Schafer to enforce a rule proposed in March 2006 that would allow the agency to list retail consignees on USDA press releases. Though the rule had widespread consumer support it has not been approved.

The seven organizations argued that the public had a right to know to which retail outlets Westland had distributed the meat. Consumers Union issued a press release on February 28, 2008 stating that thanks to a 2007 law that Consumers Union (CU) helped to pass, the State of California had published the names of retailers that had carried the recalled Hallmark/Westland meat. However, because USDA had not taken action to approve changes to its internal policies regarding recall disclosure, consumers outside of the California received no such information. “Recalled meat was shipped beyond California’s borders, and because of USDA’s continuing secrecy about the names of the retailers, consumers in other states have no way of knowing if they purchased any of the recalled beef,” CU argued. The organization located the recent recall in a series of food safety failures that CU including bacterial contamination of chicken and the rise of beef contaminated with E Coli and suggested the incidents cumulatively suggested a “gaping hole in the food safety net.”

CSPI, an organization with a long history of fighting for the release such information from the USDA, argued that the USDA’s obscuring the names of retail establishments that received recalled beef “creates confusion by suggesting that recalled products do not reach consumers. In fact, the bulk

Protecting Industry at the Expense of Public Health and Safety

When the USDA published January 2004 regulations on   Bovine Spongiform Encephalopathy (BSE) following the first U.S. case in December of 2003, the agency claimed that all meat from downed cattle would be prohibited from entering the food supply. However, following publication of the regulations, the agency issued Notice 5-04 which instructed inspecting veterinarians to allow those downed cattle which appeared healthy and whose nonambulatory status was the result of an injury rather than illness. Food safety organizations, researchers and other experts on BSE immediately took issue with the loophole arguing that because illness may predispose livestock to injury, and because the exact cause of an animal’s nonambulatory state is difficult to ascertain, all downed animals should be prohibited from slaughter for food. In written comments to the USDA, former USDA senior staff veterinarian Linda Detwiler stated, “I urge the USDA to not alter this definition and to continue to prohibit for food any bovine which cannot walk to the ‘knock box’ [area of slaughter] regardless of reason.”

Following a period of public comment, an analysis by the Humane Society illustrated that although trade associations publicly supported the regulations following the 2003 BSE case, behind the scenes these organizations worked to weaken the ban to allow for slaughter those cattle which cannot walk from injury rather than illness.

Strategic Alliances, Flexible Coalitions

Beyond working together to publicize the HSUS findings and demand that consumers have access to a full list of Hallmark/Westland retail distributions, humane treatment and food safety organizations made other alliances in the Hallmark/Westland case.

Following the HSUS investigation, Food & Water Watch published information on their website about the longstanding problems with understaffing and unfilled meat inspector vacancies at the USDA. Food & Water Watch learned from the USDA’s Food Safety and Inspection Service (FSIS) that the vacancy rate for FDA inspectors at the Alameda district in California, where Hallmark is located, was 11.33% at the end of FY 2007 and that inspectors at the Hallmark site were instructed that they should not enter the pens because a FSIS veterinarian would conduct all of the human handling checks. In a letter to USDA Secretary Schafer of the USDA, Food and Water Executive Director Wenonah Hauter and Stan Painter, President of the National Joint Council of Food Inspection Locals argued: “In slaughter plants with inspector shortages or vacancies” plant employees know there is no chance that a government official will be able to visit the pens to do any checks, until the slaughter line is stopped. This would give company employees plenty of notice to halt behaviors that violate regulations, before any government official reaches the pens.”

Weeks after the video release, HSUS posted a series of comments and letters from religious leaders around the country responding to the Hallmark/Westland case. Comments posted by HSUS illustrate that religious leaders were concerned both by the inhumane treatment of downed cows and food safety. Religious leaders emphasized the interconnectedness of life and the inconsistency between cruelty to animals and core Judeo-Christian values. Some also pointed to the importance of eating a vegetarian diet and highlighted environmental concerns associated with factory farming. Others argued for greater corporate and regulatory accountability. Brother David Andrews, Coordinator for Justice and Peace Congregation of Holy Cross stated that food companies needed to “take notice, to review their practices and to ensure that the animals in their care are treated humanely. Citizens need to be demanding that the entire food and dairy system be reviewed with an examination of the guarantees that need to be in place to protect animals from treatment evidenced by this shocking example, more than lip service or verbal assurances are needed.”

These alliances between food safety, animal welfare, labor and religious leaders, facilitated in large part by the internet and “net roots” organizing, demonstrate the potential for broad-based coalitions that can challenge inhumane and health harming corporate practices and demand a stronger regulatory system.

Each of the participating organizations has framed issue in slightly different terms. HSUS and Food and Water Watch primarily focus on the inhumane treatment suffered by downed cows but also emphasize the food safety issues associated with processing such cattle for slaughter. Food and Water watch has worked to expose the food safety, animal welfare, environmental and economic effects of factory farming which leads to conditions such as downed cattle. CSPI and Consumers Union/Consumer Reports, while touching upon humane treatment issues, focus largely upon the rights of consumers to healthful food and a stronger food safety system. What these differing emphases share is a moral stance that contrasts with the meat industry’s position that the industry itself is best suited to regulate its own behavior, a perspective challenged by the video images.

By working collectively to demand a common bottom line such coalitions – even when temporary – can mobilize broader constituencies for change. At the same time, by framing the issue in slightly different terms, the organizations maintain an independent focus on different areas of expertise. Moreover, the groups have different tactical and strategic repertoires, such as HSUS’ undercover operations or CSPI’s use of lawsuits, enabling the coalition to operate on a variety of fronts.

Moving Forward

In addition to raising concerns about the failing of the nation’s food safety inspection system, a situation that puts the health of American public and especially children and other vulnerable groups at risk, the Hallmark/Westland case also revealed the productive capacity of coalition work between humane treatment/animal rights and food safety organizations to change health harming corporate practices. One reason why these alliances seem to work is that while the animal welfare organizations highlight their opposition to cruelty to animals, including the fate suffered by factory farmed animals, and discuss a vegetarian lifestyle, they take a more moderate position than animal rights organizations such as People for the Ethical Treatment of Animals (PETA).

While alliances may be difficult where there are differences along ideological lines, the Hallmark/Westland case illustrates the potential for broader coalitions that might have broader application for other issues. For example Food and Water Watch’s work touches upon environmental and labor issues pertaining to factory farming and that group’s letter to USDA Secretary Ed Schafer was coauthored by the President of the National Joint Council of Food Inspection Locals. Working closely with environmental and labor organizations could strengthen the demand for greater food safety regulations, reduce the environmental impact of farming, and improve working conditions and humane treatment of animals.

Following the Hallmark/Westland expose, two Hallmark employees were charged in California courts for the actions captured by HSUS. While such charges may deter some future violations, these two employees were likely operating under the direction of Hallmark, which seemingly had a vested interest in getting downed cattle to slaughter. Improving conditions for farm animals would require a reconfiguration of the factory farming system. For instance, the HSUS reports that improved bedding and surface area could cut the number of downed cattle by up to 90%. However, the best footing for cows (sand) is also much harder to move and to clean than concrete floors, which are currently used. Unfortunately industry seems unlikely to make changes that would be considered cost prohibitive but would result in healthier cattle and ultimately increased food safety. Under the current administration, the USDA seems unwilling to pass rules and regulations which would favor public health and safety when they conflict with industry positions. By including labor rights, food safety and animal welfare organizations in these emerging coalitions, advocates can help to refocus attention back on industry and away from the actions of a few employees who will be held up as exceptions to the rule. When such coalitions can successfully pose an alternative approach to assuring food safety and animal protection, they can begin to mobilize the political support needed to implement these alternatives.

Interview with Lena Pons

Lena Pons is a Policy Analyst for the Auto Safety Group, a division of the national, nonprofit organization Public Citizen, that seeks to protect health, safety and democracy. The Auto Safety Group focuses on issues of auto safety, government and corporate accountability, human health and environmental sustainability as related to auto emissions. Its recent work has focused on improving fuel economy through both legislative and legal routes. The Auto Safety Group also works with other organizations on issues related to the Clean Air Act, fuel economy and automobile emissions. In January 2008, Corporations and Health Watch’s Zoë MeleoErwin interviewed Lena Pons. We present excerpts here.

CHW: Recently the Environmental Protection Agency ruled that California and the sixteen other states couldn’t set their own, more strict, emission standards. What role did the auto industry play in this defeat?

LP: Congressman Henry Waxman of the House Oversight Committee identified that there was some interference from Vice President Dick Cheney and Chrysler. Following a meeting that EPA administrator Stephen Johnson had with Cheney and Chrysler, they devised this legal argument for why the California waiver should be denied. And the California waiver was denied in a highly unusual way. They presented no technical justification the only documentation on the waiver denial that was given is a three or four page letter from EPA administrator Johnson to California Governor Arnold Schwarzenegger. It outlines that as a result of the energy bill being signed into law, California standards no longer meet the rubric under the Clean Air Act to say that they’re more protective. The claim by EPA is dubious because the California standards would go into effect sooner and their target emissions reduction is more stringent than that of the new national standards. What the waiver denial is based on is the assumption that the most recently passed energy bill will produce a comparable amount of public health. But there’s absolutely no data to support that; they’ve presented absolutely no estimate of what the public health benefit of the standards that were passed by this latest energy law would be. The states that have full regulations written on adopting these standards plus a handful of environmental groups have all sued EPA on the grounds that their waiver denial has not been properly supported.

CHW: One of the things the auto industry said in response to California waiver was that it would be a confusing and inefficient patchwork quilt of fuel economy programs. How legitimate is that argument?

LP: The seventeen states that have either passed the regulations or have stated intent by executive order to pass the regulations would cover slightly more than half of the entire population of the country. And a big part of that is that there are huge states involved; California and New York alone include over 15% of the total US population. California set separate standards, several states had adopted them and the functional outcome of that is that all of the vehicles sold in the United States meet these low emission vehicle requirements for the most part. The auto industry is saying that you would lose a lot of consumer choice in these states that have passed these regulations because they just wouldn’t be able to sell certain vehicles in the states. But in terms of the patchwork effect, when you’re talking about 50% of the country plus now Canada has standards that will be roughly the same as California, it’s just not going to be cost effective for them to produce two sets of vehicles. They’re never going to comply with a patchwork of regulations; they’re just going to comply to the most stringent set. So the reality of that argument is that they don’t want to meet the more stringent California standards.

CHW: What were the issues involved in the 2006 lighttruck fuel economy rule and what was Public Citizen Auto Group’s involvement in the case?

LP: The biggest issue in that case was that the National Highway Traffic Safety Administration (NHTSA) had valued the reduced carbon dioxide emissions from having improved fuel economy as having zero public benefit. We filed a suit in the 9 th Circuit Court of Appeals on the 2006 lighttruck fuel economy rule in collaboration with several other environmental groups and were represented by an independent law firm. We ultimately won in that the court found that the rule was arbitrary and capricious. It’s been vacated; the agency will have to go back and rewrite it to reflect some of the problems that they identified. The court also found that NHTSA had changed the fundamental way that the fuel economy standards were calculated and that without promoting a backstop, some kind of minimum value for fuel economy, that it was overvaluing consumer choice over the need of the United States to save energy—a specific criterion that was laid out in the Energy Policy and Conservation Act in 1975 which established the fuel economy standards. And so they found that the way that fuel economy standards could be calculated could stand as long as there was a minimum fuel economy value. This is a mixed victory because the new calculation scheme doesn’t actually force the auto makers to promote the best available technologies. But with a backstop it at least prevents a degradation below this minimum value, which is positive.

CHW: In your campaigns on auto safety, public health and environmental sustainability, what strategies does the Auto Safety Group employ? And specifically, how important is litigation as a tactic?

LP: Ideally we try to influence any rule making through the notice and comment period. And if the agency is nonresponsive to our comments then our next recourse is to litigate. So litigation has certainly been a part of our strategy used to a significant public benefit because, as a result of multiple litigation campaigns, we’ve been able to secure much stronger regulations than what the agency initially applied. Some of the time the regulations that the agency has presented us with are not actually in compliance with the law that Congress set forth and then we feel that we have a responsibility to make sure that the agency is upholding the law. So we like to influence the legislative process to get Congress to put forth the best possible law and then through the regulatory process we have an opportunity to influence rulemaking. But when we find that our concerns are ignored by the agency then we have no other recourse than to litigate.

CHW: Recently European Union officials announced that auto makers would have to greatly reduce carbon dioxide tailpipe emissions or face fines. How have automakers responded and do you have any thoughts on how this will influence the United States?

LP: There’s been a lot of skepticism as to whether those regulations will be durable. Probably the best indicator of what auto makers are going to do is the fact that at this year’s auto show they’ve really brought out a lot of highly fuel efficient concept vehicles that we haven’t seen before. For instance, Ford put a concept Focus out on the floor this year that’s supposed to get 20% improved fuel economy, which is an indication that they probably have more technology than they’re willing to admit openly in terms of improving vehicle fuel economy and by extension emissions. There were also stronger Japanese regulations in 2007, I believe Canada has recently strengthened their regulations, and China introduced their first fuel economy standards last year, so I think that auto makers are really starting to think pretty hard about it. With respect to bringing European vehicles to the United States, General Motors produces “Opel” brand vehicles that are much more fuel efficient than a comparable vehicle that would be sold under the Saturn brand in the United States. Now they’re bringing several of those Opel vehicles to the United States and will sell them as Saturn Vehicles. So they clearly do have the technology because they’re building more fuel efficient vehicles in other markets. But not all the auto makers have the flexibility that General Motors has; an auto maker like Chrysler is clearly going to have a more difficult time because they don’t really have a foreign manufacturing brand that is making improved fuel economy vehicles.

CHW: How does consumer demand influence changing fuel economy and emissions standards?

LP: Consumer demand with respect to fuel economy is a really strange relationship. I’ve read a variety of studies about how people use fuel economy as a determining factor in their automobile purchase decisions. And most state that people aren’t particularly longsighted in terms of how they make their vehicle purchase decisions. If you think back to the oil price shocks in the 1970s, one lasted for 14 months and the other one lasted for 19 months and so people haven’t really adjusted to the idea that oil prices are always going to be high.

Even if you look at the last five years, there was a really strong spike in oil prices following Hurricane Katrina and then they dropped back down about 70 cents per gallon. That kind of price volatility really suggests that people will make their decision about fuel economy based on whatever the price of gas is the day that they go to the dealership. And that’s why you see sales figures for a vehicle like the Prius are going to track pretty much with the price of oil and so in a month when gas prices are very high consumers are going to be more likely to purchase a vehicle like the Prius and months where oil prices are lower then consumers are more likely to choose a vehicle that might not get the same kind of fuel economy. But I think that people are really starting to become quite a bit more environmentally conscious and the durability of a problem like global warming, as opposed to something that might be more volatile like the geopolitical effects of Middle East oil consumption, might be starting to shift people’s perspectives about how they factor in fuel economy.

CHW: What strategies does the auto industry use to influence consumer decision making in terms of choosing less fuel efficient vehicles?

LP: The auto industry has consistently taken the position that people make their decision about a vehicle based on a variety of factors and one of the factors is “peak performance,”—the maximum possible zerotosixty acceleration or the towing capacity of a truck. It is fairly well supported that people are often swayed by peak performance but in reality people don’t really actualize that peak performance. For example, over 60% of truck owners never realize the peak performance even one time in their entire ownership of that vehicle. For twenty years or more, the auto industry has really been pushing this idea that you’re getting a better value because you’re going to get this truck that could tow a huge boat but you don’t own a boat and you have no need for this kind of towing capacity. And the auto industry has really consistently pushed this idea that people won’t be willing to trade for a smaller vehicle. But Porsche made this announcement just this week that they’re going to start offering hybrid versions of their vehicles. Now this is highly unusual because these are performance vehicles. Porsche has consistently paid fines for noncompliance with fuel economy standards and so I think that the argument by the auto industry that they can’t provide the same kinds of performance characteristics just doesn’t really hold water in light of these developments that have come as a result of new regulations.

CHW: Is this particular to the US?

LP: There is some perception that in the United States we want these huge SUVs and pickup trucks. But what’s interesting is that there have been several recent studies in Europe that have supported the idea that even though fuel economy standards, or greenhouse gas emission standards which are sort of interchangeable, have gotten more stringent in Europe, the popularity of larger vehicles has increased. In affluent western European countries you’re seeing an increasing number of people purchasing SUVs. I think that probably the bigger determining factor in terms of saying that this is a uniquely American problem, which I don’t really believe that it is, is just that people in the United States for the most part live more spreadout than they do in most places in the world. The average size of vehicles in densely populated urban areas in the United States is pretty much the same as what you would see in Europe.

CHW: One of the arguments the auto industry makes against improving fuel economy and reducing emissions is that the cost would be prohibitive and that this cost would then be passed down to consumers. How legitimate is this argument?

LP: Well it depends on what changes you’re demanding. If you’re demanding that auto makers convert every vehicle into a hybrid, then you might have a pretty good argument that it would be cost prohibitive. And a big part of that is the cost you’re paying for a battery that’s still relatively expensive to manufacture. But as batteries technologies continue to get better and as lithium ion batteries become more viable, that’s going to reduce weight, improve efficiency and reduce costs. The auto industry has been given a tremendous amount of lead time, but they have not been making incremental changes since the 1985 standard were actualized. And not every vehicle has to get 40% better fuel economy next year; over the next ten years the fleet of vehicles has to achieve 40% better fuel economy on the whole. Adding some of these technologies to vehicles would be fairly cost prohibitive, but the vehicles that need the most help are typically the most expensive to begin with. In order to make this incremental improvement in something like a Ford Focus you might add some initial cost to that car but you’re going to have a lifetime savings in terms of fuel cost which is going to get better and better. As the price of oil continues to rise the benefit of burning less fuel is going to get better and better. So I don’t think that the cost argument is necessarily as weighty as the auto industry has made it.

CHW: What is the auto industry’s current stance on the relationship between tailpipe emissions and global warming?

LP: Often when you talk to somebody from the auto industry they’ll talk about how criteria pollutants emissions of the newest vehicles are incredibly low. But when you talk about carbon dioxide, the only way to reduce carbon dioxide emissions from vehicles, at least from the tailpipe, is to burn less fuel or burn a fuel that is lower in carbon. They generally try to downplay the relationship between tailpipe emissions and global warming, but I don’t think that anybody in the industry is saying that carbon dioxide doesn’t cause global warming and that global warming isn’t happening. And a lot of times they also focus on “well look at this concept vehicle that’s ten or fifteen years down the line.”

CHW: Does the auto industry take any particular position on the relationship between tailpipe emissions and public health?

LP: Well once again, they’re going to discuss the issue of tailpipe emissions in terms of criteria pollutants which have certainly decreased a great deal. You’re seeing lower levels of nitrogenoxides and sulfuroxides and then by extension lower levels of ground level ozone, and ground level ozone is typically the biggest contributor to asthma and other kinds of auto emissions related health problems. But I don’t think that they like to talk about emissions at all. So they won’t say something like “there’s no link between auto emissions and health problems” but they will focus on the fact that through improved aftertreatment and exhaust systems you’re starting to see criteria pollutant emissions that are really pretty low, almost zero. An ultralow emission vehicle is really going to have nearzero criteria pollutant emissions, which doesn’t really affect carbon dioxide. But then carbon dioxide is, at least at current concentrations, not really a public health threat, at least in terms of asthma and inhalation effects. There are certainly health effects related to the problems of global warming.

CHW: What alliances do you see for public health researchers and auto safety and emission standards activists?

LP: There’s a lot of potential for interdisciplinary action related to these huge problems of energy policy and global warming and the places where energy policy intersects with public health. I think that every new solution obviously brings with it new problems. There are concerns about the toxicity of batteries they might use for hybrids. You’ve got a benefit in reduced vehicle emissions, but when you dispose of the batteries they’re generally made of stuff that isn’t necessarily super clean. There will need to be a really aggressive battery recycling program. I think that these are not insurmountable obstacles but certainly there’s always potential for people who come from different viewpoints to work together on these issues.

CHW: Finally, I’d like to ask you about the presidential elections. Do any of the Presidential candidates favor tougher national emission standards and are any of them focusing on that issue?

LP: All of the candidates on the Democratic side have recommended fuel economy standards that are stronger than what was passed in this latest energy bill. As far as I know, no candidate on either side, Democrat or Republican, has taken a position specifically targeting emissions from vehicles. There are a variety of strategies that have been talked about, one of which would be a carbon tax which would then make the price of gasoline more expensive. That might convince consumers to consider improved fuel efficiency. And another proposal to reduce vehicle emissions is a low carbon fuel standard, which is a performance standard for fuels in terms of carbon dioxide emissions.

CHW: Thanks very much for your time.

Corporations, Health and the 2008 Presidential Race, Part 2: Clinton, Obama and McCain on the Role of Corporations

The next President of the US faces some important decisions on the role that corporations will play in politics, the economy and health. He—or she—will need to decide whether to continue or end the Bush Administration’s dismantling of the federal regulatory apparatus, whether and how to restore the FDA’s capacity to protect our food and drugs, what role global corporations will play in setting trade rules, whether to limit or expand the role of money and special interests in politics, and whether or how to counter the health influences of the food, tobacco, alcohol, pharmaceutical, gun, automobile and other industries. As Americans elect their next Decider-in-Chief, what do we know about the positions of the main contenders on these critical issues? In the first of two reports, Corporations and Health Watch reviews the evidence on the positions of Senators Hilary Clinton, John McCain and Barack Obama on these questions.

Predicting how a candidate will act once elected is always difficult. As we have seen, he who campaigns as a compassionate conservative can morph into Scrooge. With three sitting Senators running for office, it is possible to compare their votes on critical issues. In addition, by tracking which industries contribute to whom, we can at least see how industry leaders use their checkbooks to rate the candidates. Finally, public statements, campaign websites and prior involvement with corporations provide additional sources of evidence, as do Presidential ratings by advocacy and political groups of various political perspectives.

Role of federal government in corporate oversight

In the last few years, the US Senate has voted on several issues related to government oversight of corporations, providing some insights into the candidates’ views. For example, Senator Clinton voted for restricting rules on personal bankruptcy (2001) (the business position) and for repealing the tax subsidy for companies that move jobs offshore (2005) (against the business position). She has said there is a culture of corruption and cronyism in Washington and that we need to stop outsourcing critical government functions to private companies, close the revolving door between government and the lobbying shop, and end no-bid contracts.1 Recently, her office has issued a report describing her economic blueprint for the 21st century that includes more populist language on corporations than in earlier campaign documents. She calls for leveling the playing field by reducing special breaks for big corporations, and goes on to note:

Over the past seven years, big corporations and special interests have been given a free pass to profit, often at the expense of the American worker. As President, Hillary will make it a priority to scale back special benefits and subsidies to these corporations and put those resources to work for our economy again. She will again take on the special interests and restore the voices of working families. Hillary’s plan to reign in the special interests will take back at least $55 billion per year from drug companies, oil companies, and firms that ship jobs overseas and invest those resources to improve the lives of working families.2

Senator Obama voted against reforming bankruptcy to include means testing and restrictions (2005) and for repealing the tax subsidy for companies that move jobs offshore (2005), both votes against the business position. Obama has said that corporations should be responsible for work conditions and pensions and that there should be tax incentives for corporate responsibility. He has criticized the excess influence of agribusiness lobbying and said he would work to reduce this if he were president. He states that the US should close tax loopholes for companies that relocate abroad and end tax breaks for companies that outsource jobs.1

In these votes, McCain voted for restricting rules on personal bankruptcy (2001), for reforming bankruptcy to include means testing and restrictions (2005), and against repealing the tax subsidy for companies that move jobs offshore (2005)1 all votes in favor of the business positions on these issues. In January 208, McCain advocated making the Bush tax cuts for corporations permanent, noting, I would make sure that not only the tax cuts are made permanent, but we cut corporate income taxes. That would keep businesses here, and it would keep jobs here and create jobs here.

In 2006, based on 12 key Senate votes, the US Chamber of Commerce noted that John McCain endorsed their positions on 100% of the votes, Senator Clinton on 67%, and Senator Obama on 55%. Seventeen other senators, all Republicans, shared McCain’s perfect business rating. Twenty eight senators, all Democrats and one independent, had lower scores than Obama, i.e., were rated less business friendly according to the US Chamber of Commerce criteria. These ratings suggest that both Obama and Clinton vote with business more often than their Democratic colleagues while Senator McCain represents the most-business friendly sector of Republican Senators. More recently, the Chamber of Commerce lowered its rating of Senator McCain to 80%.

Despite this voting record, compared to the other Republican Presidential candidates, Senator McCain has been perceived to be less friendly to business interests. The ISI Group, a New York brokerage firm, noted, If there was a bill negative for HMOs or pharmaceutical companies during the past eight years, chances were good that John McCain was the Republican sponsor.4

On tobacco, in 1998, McCain proposed anti-smoking legislation that would raise taxes on cigarettes, restrict the industry’s ability to advertise, and grant the Food & Drug Administration broad new authority over tobacco companies. The proposal would also have limited liability suits against the Big Tobacco. McCain estimated that his package would cost the industry more than half a billion dollars over 25 years. In an aggressive lobbying campaign, the tobacco industry defeated the measure in the Senate.

In the 2008 primary campaigns, McCain received less money from the tobacco industry than other Republican candidates and less than Clinton and Obama.5 A Republican operative observed that Senator McCain is not well-beloved by the lobbying world, to say the least, and he’s used that to his advantage with voters.3 The recent New York Times story that Senator McCain had a close and what the Times called an inappropriate relationship with a telecommunications lobbyist.

In the 2007 checkbook primary, lobbyists cast their dollar-votes for Senator Clinton, contributing $823,087 to her, compared to $416,321 to Senator McCain and $86,283 to Senator Obama.7

Energy and the Automobile Industry

The next President will need to decide whether to make incremental or substantive changes in US energy policy. What do their voting records say about the current top contenders?

Senator Clinton voted against terminating CAFE standards within 15 months (2002), for targeting 100,000 hydrogen-powered vehicles by 2010 (2003), against the Bush administration’s energy policy (2003), for banning drilling in the Arctic National Wildlife Refuge (ANWR) (2005), for factoring global warming into federal project planning (2007), for making oil-producing and -exporting cartels illegal (2007), and for removing oil and gas exploration subsidies (2007).1

Senator Obama voted for banning drilling in ANWR (2005), for reducing oil usage by 40% by 2025 (2005), for factoring global warming into federal project planning (2007), for making oil-producing and -exporting cartels illegal (2007), and for removing oil and gas exploration subsidies (2007).1

Senator McCain voted for oil drilling in ANWR in 2000 and against oil drilling in ANWR in 2002, promising new images of flip-flops in coming days. He voted against terminating CAFE standards within 15 months (2002), for targeting 100,000 hydrogen-powered vehicles by 2010 (2003), against the Bush administration’s energy policy (2003), for banning drilling in ANWR (2005), and against reducing oil usage by 40% by 2025 (2005). His positions on energy policy are more pro-environmental than President Bush but less than his Democratic opponents.1

On emission standards, the US Chamber of Commerce observes that Clinton has said as President, she would increase fleetwide fuel economy standards to 55 miles a gallon by 2030 with funds to help automakers modernize; Obama would double fleetwide fuel economy standards within 18 years with tax credits and loan guarantees to help automakers modernize and McCain supports raising fuel economy standards but has not specified by how much.2

The Campaign for America’s Future, a strategy center for the progressive movement that advocates more sustainable energy policies, has given Senators Obama and Clinton a rating of 100% and Senator McCain a rating of 17%.

Regulating the drug industry

Another key decision facing the next president is how to shape the nation’s approach to regulation of the drug industry. In the past eight years, the FDA’s reputation and credibility have declined sharply, both because of under-funding and close ties to the industries it regulates.

Senator Clinton has advocated that the FDA should provide more oversight over pharmaceutical companies’ financial relationships with providers. There is no mention of direct-to-consumer advertising or data marketing practices, but seems to focus solely on the relationship with prescribers. Senator Obama has said that some drug manufacturers are explicitly paying generic drug makers not to enter the market so they can preserve their monopolies and keep charging Americans exorbitant prices for brand name products. He has said his health care plan will work to ensure that market power does not lead to higher prices for consumers. In the Iowa primary, McCain said that if there are ways to bring greater competition to our drug markets by safe re-importation of drugs, by faster introduction of generic drugs, or by any other means we should do so….8

A pro-drug industry website that monitors the FDA noted that Clinton, McCain and Obama all favor drug importation. That means that it is inevitable that a president who favors importation will be in the White House with a Democratic House and Senate that will be more receptive to the concept than at any time prior.8

Money in politics

It is likely that the influence of money on politics will be a topic for discussion in the 2008 general election, yet the heavy reliance of all candidates on corporate money (see Corporations, Health and the 2008 Presidential Elections, Part 1, Following the Money) makes it difficult to imagine any pf the candidates supporting substantial reforms.

While McCain has been a strong supporter of limiting the influence of money in politics—he once said his support for McCain-Feingold bill was an issue of transcendent importance to him—he will have a hard time reconciling this commitment with his promise to appoint Supreme Court justices like Scalia and Thomas—consistent supporters of Big Business and opponents of campaign finance reform. A recent story in Business Week asked, Is John McCain Good for Business?, observing that McCain has crusaded against the influence of corporate lobbyists, yet has more K Street fixers raising money for his campaign than any other Presidential candidate.9 The recent New York Times and Washington Post stories on his relationship with a lobbyist emphasize his vulnerability on this issue. In the 2007 primary cycle, 78% of McCain’s contributions campaign from corporate funds. Meanwhile, Hillary Clinton appeared on the cover of Fortune magazine as Big Business’s candidate; and last Spring Obama was the top recipient of Wall Street contributions, suggesting that no matter who wins, business will have ready access to the next President.

In future articles in this series, Corporations and Health Watch will examine the candidates’ positions on free trade, the food industry and on FDA reform.

References

1. Campaign Issues 2008.
2. Hilary Clinton. Solutions for America. Economic Blueprint. Hillary Clinton’s Economic Blueprint for the 21st Century
3. US hamber of Commerce. Senate Vote Scorecard, 2006.
4. Quoted in Calmes J, Frangos A. “McCain’s Breaks with GOP left scars but could increase his “electability”.” Wall Street Journal. February 7, 2008, p A1 and A16.
5. Corporations and Health Watch. Corporations, Health and the 2008 Presidential Elections Following the Money.
6. Rutenberg R, Thompson MW, Kirkpatrick D, Laboton S. “For McCain, Self-Confidence on Ethics Poses Its Own Risk.” New York Times. February 21, 2008, p. A1.
7. Open Secrets.
8. Eye on the FDA. Where the Candidates Stand Parts 1-8.
9. Javers E. Is John McCain good for business? Business week. February 6, 2008.

 

View CHW’s coverage on Corporations, Health and the 2008 Presidential Race:

Part 1: Following the Money
Part 2: Clinton, Obama and McCain on the Role of Corporations Part 3: Clinton, McCain, Obama and the Food Industry

Food and pharmaceutical industries win big in 2007 International Bad Products Awards

In Fall 2007, Consumers International—a federation of more than 220 consumer groups in 115 countries that work together to protect and empower consumers around the world—released its International Bad Products Awards for 2007. Nominations for the list were submitted by CI international member organizations and the winners were chosen by the CI Secretariat. Topping the list this year were products of the food and beverage industry and Big Pharma.

How to sell tap water and make a profit:

Coca-Cola was one of CI’s top winners and received the honor for their repackaging of tap water sold under the brand name Dasani. Dasani’s source is not obvious on the bottle itself or in Coca-Cola’s marketing. However, in the FAQ of the Dasani website, the company states Dasani is created with the local water supply, which is then filtered for purity using a state-of-the-art process called reverse osmosis. The purified water is then enhanced with a special blend of minerals for a pure, crisp, fresh taste. The website calls attention to the mouthwatering taste of flavored Dasani beverages and notes that Dasani Plus is enhanced with nutrients and delicious flavors giving you what your taste buds want and the goodness your body craves.

Coke introduced Dasani in 1999 as a purified, noncarbonated water with minerals added. In 2003, the company hired the New York ad firm Berlin Cameron/Red Cell, part of the Red Cell division of the WPP Group, to design a campaign for Dasani. The Berlin Cameron/Red Cell ads portrayed Dasani, at that time the #2 bottled water behind Pepsi’s Aquafina, as a beverage associated with youth and sexuality. The New York Times described the ads as: replete with quick editing cuts, fast-paced music and fast-moving plot. Then, too, there is all the sexiness, as embodied by multiple scenes of attractive young people dancing, running and embracing, interspersed with shots of water splashing into open mouths.

A year later, however, questions emerged about the health benefits of enhanced tap water. Only weeks after Dasani was launched in Great Britain, Coke was forced to recall more than 500,000 bottles after tests found excess levels of bromate. Bromate is a chemical produced in Dasani’s water purification process. A recent review concluded that based on an extensive database of relevant research, it is reasonable to assume that bromate induces tumors via oxidative damage that causes chromosomal breakage. British law permits 10 parts of bromate per billion; Dasani water was found to contain up to 25 parts per billion. Long term exposure to bromate is linked to a higher risk for cancer. Following the recall, Coca-Cola halted a scheduled April 2004 release in France and Germany.

Despite these recalls, Coca-Cola’s Dasani brand sales have continued to grow internationally and in the United States. In October 2007 Coca-Cola reported a 13% quarterly profits increase, largely due to international sales. Worldwide sales volume for noncarbonated beverages rose 14%, as compared to 4% for carbonated drinks. The difference in sales between carbonated and noncarbonated beverages may be due to the increasing evidence that consumption of soda is linked to obesity. In the US, this concern has resulted in more consumers choosing water and other purportedly healthful beverage options. Although Coca-Cola does not deny the source of their Dasani water, as CI points out, their advertising is misleading in that it uses terms such as pure, crisp and fresh. As CI stated in awarding its Bad Product listing, by bottling up this universal resource to sell back to us, corporations such as Coca-Cola have created a US$100 billion industry at the same time when one billion people in the world lack access to safe drinking water. Making profits out of increasingly fragile water supplies is unsustainable, irresponsible and against the basic rights of consumers everywhere.

Hey Kids! Develop amazing physical attributes with 40% sugar!

Another winner of the 2007 Bad Product Award was the Kellogg Company for its marketing of low nutrient junk food to children. According to CI, Kellogg’s achieved global net sales of $10.9 billion in 2006 and spent $916 million on advertising. Kellogg President-CEO David Mackay stated that of the total amount spent on advertising in the United States, 27% is directed to children under age 12. Increasing concern over food and beverage marketing to children has put pressure on Kellogg’s and other big food companies. In response to this pressure, including a 2006 lawsuit threatened by Center for Science and the Public Interest and the Campaign for Commercial-Free Childhood, Kellogg’s agreed to make changes.

During the second half of 2007 and 2008, Kellogg’s promised to stop advertising many of its most popular items to children under 12 if these products did not conform to new nutrition guidelines limiting sugar to no more than 12 grams and total calories to no more than 200 per serving. The company also promised to work on reducing salt and fat, limiting per serving amounts to no more than 230 milligrams of sodium, zero grams of trans fat and no more than 2 grams of saturated fat. Kellogg’s further agreed to limit licensed cartoon characters in its ads and to not advertise in schools.

Despite these promised changes, Kellogg’s still won a CI award for its low nutrient food marketing to children. One reason for this dubious honor is that while Kellogg’s is making changes in the U.S market, it seems to be business as usual around the world. CI reported that Kellogg’s marketed cereals containing between 33-40% sugar to children around the world. In addition, Kellogg’s continued to use cartoon characters and other imagery appealing to children to market their high sugar cereals. In Australia, CI reports, Kellogg’s used social networking techniques aimed at children to promote Coco Pops while in the UK, the same cereal was cross promoted with the film Shrek. The most egregious example, however, came from Mexico where Kellogg’s ads promised children that their high sugar cereals would help children develop amazing physical attributes, according to CI. Thanks to the advocacy efforts of El Poder del Consumidor, a CI member organization, the ads were pulled.

Back to school with sleeping pills.

Top honors in the CI Bad Products Awards went to the US subsidiary of Takeda Pharmaceuticals for marketing sleeping pills to children. Takeda, a US $10 billion company, is the largest pharmaceutical maker in Japan. It was their promotion of sleeping aid Rozerem that earned them the overall Bad Product Award with CI. Why? Because of Takeda’s September 2006 ten second ad featuring images of school bus and images of children wearing backpacks and writing on chalkboards with the voiceover, Rozerem would like to remind you that it’s back to school season. Ask your doctor today if Rozerem is right for you.

Beyond the generally distressing suggestion that children be prescribed sleeping aids, Takeda’s own product labeling states that It is not known what effect chronic or even chronic intermittent use of ROZEREM may have on the reproductive axis in developing humans…Safety and effectiveness of ROZEREM in pediatric patients have not been established. In addition, Rozerem is associated with increased thoughts of suicide in adults.

According to CI, it took the FDA six months to remove the ad, long after the ‘back to school’ promotion had gone. However, in March 2007, the agency sent Takeda Pharmaceuticals a letter stating: The combination of these statements and images of school-aged children and school-related objects suggests that Rozerem is indicated for and can be safely used in the pediatric population. The FDA also noted that the ads failed to present the indication and information relating to major side effects and must make adequate provision for dissemination of the FDA-approved labeling.

Despite these violations, the FDA did not fine Takeda, which in 2006 spent $118 million on advertising Rozerem alone. During the same year, Big Pharma spent $600 million on advertising sleeping products. Sales of sleeping aids continued to rise, increasing 60% between 2000 and 2005. In addition, in the adult population, the FDA has raised concerns that sleeping aids are associated with strange side effects such as sleeping walking, hallucinations, violent outburst, nocturnal driving and engaging in sexual intercourse during sleep.

In the past, pharmaceutical companies have sought to increase their market through direct-to-consumer marketing and advertising to physicians. However, just as Big Tobacco learned the value of enticing young people to smoke or to associate tobacco brands with good feelings, it seems that Big Pharma is now increasingly and directly going after a youth market as well. As early as 2000, the New York Times described campaigns by Roche Pharmaceuticals and others to promote prescription acne medications directly to teens. One pharmaceutical industry consultant told the Times, The idea is to expand the market and just get them interested and motivated. And teenagers aren’t the easiest patients to motivate. The ad showed a boy with acne being called Pizza Face by his peers.

In recognition of this alarming trend, CI noted in its award to Takeda, This case demonstrates the lengths to which some drug companies will go to increase sales of their products, how direct to consumer advertising can promote irrational drug use, and how weak regulation can foster irresponsible corporate behaviour.