vol1 - Page 312
Page 312
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FDA's fundamental purpose in determining the efficacy
of a new drug prior to authorizing its marketing is to protect
the public from_mislabeied drugs that do not perform as
advertised by their pharmaceutical sponsor° Whether a drugis
#most effective # or _least effective _ for a particular purpose,
however,_ is left to the marketplace to determine -- the doctor
and_ hispa_tiente the parties most intimately involved in the
treatment process. _/ Obviously the drug that is nmost
effective # for a particular patient may not be as effective for
another patient suffering the same condition_ This determination
is_ in essences the practice of medicine _- a function into which
the federal government may not intrude)
Obviously a drug that is nmost effective w for one
individual may not be the #most effective # drug for another
individual° Aspirin may be the #most effective _ medicine for a
patient suffering from a headache° That patients however, may
find Tylenol #more effectiveo _ However_ this is not to say that
aspirin is not _effective _ and does not frays a Ucurrently
accepted medical use in treatment in the United States n as the
DEA standard would mandate. Indeed, to .adopt DEA's standard,
would, in effect, allow the Agency to dictate specifically how
medicine will be practiced throughout the United States_ That
is, in the end only one drug per disease would be #most
_/ Affidavit of Dro Dennis Petro_ _ 97. Dr. Petro
distinguishes FDA Wapproval_ for mefficacyX from nacceptance# in
the marketplace: _The market for drugs is not the FDA or
scientific investigators or clinical researchers .... The
market is the patient .... If patients . . . reject a drug it
does not matter that the drug is FDA approved as 'safe' and
'effective,' the drug is a failure. It is not _accepted. 'H /_<_
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