The German pharmaceutical giant Bayer suffered a serious setback last year when a federal administrative law judge backed a proposed ban on a drug used to fight poultry infections at factory farms. The judge cited growing scientific evidence suggesting that the practice was reducing the effectiveness of antibiotics vital to human health.
Facing defeat in a three-year legal battle, Bayer sought help in a new arena -- Congress. In a letter written in the office of Rep. Charles W. "Chip" Pickering Jr. (R-Miss.), and with the assistance of a Bayer lobbyist who was a longtime Pickering friend, 26 House members argued that the poultry medicine was "absolutely necessary to protecting the health of birds." It called on Lester M. Crawford, acting commissioner of the Food and Drug Administration, to set aside the judge's decision regarding the class of drugs. The Bayer product is known as Baytril.
The Baytril case provides an unusual look at an attempt by lawmakers to influence the executive branch's handling of an important public health issue involving parochial economic interests and complex science. In stepping in, the congressmen entered a murky area and overstepped legal limits on their involvement, FDA officials said. While members of Congress frequently write to agencies as part of regular oversight, they are not supposed to intervene in formal, trial-type proceedings.
Less than a month after the July 22, 2004, letter, the FDA informed the legislators in writing that their attempt to sway Crawford violated federal rules intended to shield him and other decision makers in similar quasi-judicial proceedings from outside pressure. They admonished the lawmakers that they were "not allowed" to communicate with Crawford because the lengthy public record of testimony and documentary evidence was closed.
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It's not that they didn't know. It's that the Republicans have simply stopped caring about such distinctions in the House of Representatives.
-The Oklahoma Hippy
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