Advancing a Free Society

Feds’ “Gotcha” Regulation is Out of Control

Friday, August 5, 2011

Maybe the Food and Drug Administration and its parent, the Department of Health and Human Services, didn’t get the memo about the Obama administration not being anti-business. Instead of trying to improve the FDA’s dismal performance — which has caused drug approvals to plummet while boosting the costs of drug development and the time required for clinical trials — regulators are ramping up efforts to intimidate and harass industry.

Last year DHHS announced it would go after drug company executives using an obscure Social Security Act administrative policy. If a company commits criminal misconduct, the provision allows the feds to bar corporate leaders from doing business with the government even if they had no knowledge of their firm’s criminal actions.

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