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Brownstone Institute

Why is Everyone Concerned About the WHO?

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22 minute read

From the Brownstone Institute

BY Meryl NassMERYL NASS

Over the past two years you’ve probably heard about the attempted WHO power grab. Here’s everything you need to know to understand the status today:

Overview:

  • The build-out of a massive and expensive global biosecurity system is underway, allegedly to improve our preparedness for future pandemics or biological terrorism. In aid of this agenda two documents are being prepared through the WHO: a broad series of amendments to the existing International Health Regulations (2005) (IHR) and a proposed, entirely new pandemic treaty.
  • Pandemic Fund a.k.a. financial intermediary fund to aid preparedness worldwide has been established by the World Bank and WHO.
  • Multiple names have been used for the new treaty as new drafts are produced, such as: Pandemic Treaty, WHO CA+, Bureau Text, Pandemic Accord, and Pandemic Agreement.
  • Negotiations for these documents are being held in secret. The latest available draft of the IHR amendments is from February 6th, 2023.
  • The latest Pandemic Treaty draft is from October 30th, 2023.
  • Both the amendments and treaty are on a deadline to be considered for adoption at the 77th annual World Health Assembly meeting in May 2024.
  • WHO’s principal attorney Steven Solomon has announced that he crafted a legal fig leaf to avoid making the draft amendments public by January 2024, as required by the WHO Constitution.

How Would these Drafts Become International Law?

  • A treaty requires a two-thirds vote of the World Health Assembly’s 194 member states to be adopted and is binding only for States that have ratified or accepted it (Article 19 and 20, WHO Constitution). However, it could be enacted into force in the US by a simple signature, without Senate ratification. [See CRS report, “US proposals to Amend the International Health Regulations.”]
  • The IHRs and any amendments thereto are adopted by simple majority, and become binding to all WHO Member States, unless a state has rejected or made reservations to them within predefined timeframes (Articles 21 and 22, WHO Constitution; Rule 72, Rules of procedures of the World Health Assembly).
  • Last year, however, amendments to 5 articles of the IHRs were considered in opaque committee meetings during the 75th annual meeting, and then adopted by consensus without a formal vote. This process makes it harder to blame individual diplomats for their votes.
  • The current draft of the IHR Amendments would allow the Director-General of WHO or Regional Directors to declare a Public Health Emergency of International Concern (PHEIC), or the potential for one, without meeting any specific criteria (Article 12). The WHO would then assume management of the PHEIC and issue binding directives to concerned States.
    • PHEICS and potential PHEICs could be declared without the agreement of the concerned State or States.
    • WHO’s unelected officials (Director-General, Regional Directors, technical staff) could dictate measures including quarantines, testing and vaccination requirements, lockdowns, border closures, etc.
  • WHO officials would not be accountable for their decisions and have diplomatic immunity.

 

What are Some Specific Problems with the WHO’s Proposed Amendments?

  • Article 3 of the proposed IHR amendments removes protections for human rights:
    • Struck from the IHR is the crucial guarantee of human rights as a foundation of public health: “The implementation of these Regulations shall be with full respect for the dignity, human rights and fundamental freedoms of persons…”
    • This has been replaced with the following legally meaningless phrase: “based on the principles of equity, inclusivity, coherence…” 
  • Proposed article 43.4 of the IHR notes that the WHO could ban the use of certain medications or other measures during a pandemic, since its ‘recommendations’ would be binding:
    • “WHO shall make recommendations to the State Party concerned to modify or rescind the application of the additional health measures in case of finding such measures as disproportionate or excessive. The Director General shall convene an Emergency Committee for the purposes of this paragraph.”
  • States’ obligations in the proposed IHR Amendments would include:
  • Conducting extensive biological surveillance of microorganisms and people (Article 5);
  • Monitoring mainstream and social media and to censor “false and unreliable information” regarding WHO-designated public health threats (Article 44.1(h)(new));
  • Taking medical supplies from one State for use by other States as determined by the WHO (New Article 13A);
  • Giving up intellectual property for use by other States or third parties (New Article 13A);
  • Transferring genetic sequence data for “pathogens capable of causing pandemics and epidemics or other high-risk situations” to other Nations or third parties, despite the risks this entails (Article 44.1(f) (new)).

What are Problems with the Proposed Pandemic Treaty?

All the Pandemic Treaty drafts (as well as the proposed Amendments to the IHR) produced so far are based on a set of false assumptions. These include the following:

  • The WHO Constitution states that, “The WHO is the directing and coordinating authority on international health work.” Recently, to justify becoming the global director of health, the WHO disingenuously dropped the last word–and began claiming it already was “the directing and coordinating authority on international health.” But it is not and never has been. The WHO has always been an advisory body, responding to requests for help from member states. It has never previously been a directing or governing body with authority to govern member states. Here is the relevant part of its Constitution, on page 2:
  • The WHO claims that “international spread of disease demands the widest international cooperation,” which ignores the fact that international spread may be quite limited and able to be managed by local or national authorities; ignores that the most appropriate responses will be determined by the specific circumstances, and not by a WHO algorithm; and ignores that the WHO has limited infectious disease expertise relative to large nation states.
  • The claim made by WHO is that nations will be able to retain national sovereignty through their ability to pass and enforce health laws, while they will simultaneously be bound and accountable to obey the directives from the WHO on health. This is contradictory and designed to confuse: if the WHO can impose its public health decisions on member states, it and not the states will have sovereignty over health.
  • The tremendous cost and suffering from COVID are being blamed on lack of preparedness. However, the US was spending about $10 billion yearly on pandemic preparedness before the pandemic. Yet we had few masks, gloves, gowns, drugs, etc. when the pandemic struck. Why would we expect a central WHO authority, which relies on vested interests for 85 percent of its funding, to do any better?
  • The claim is that lack of equity led to failure to share drugs, vaccines, and personal protective equipment (PPE)–ignoring the fact that no nation had sufficient PPE or tests early in the pandemic, and that it was nations withholding generic drugs from their populations that caused important treatment shortages. Furthermore, now that we know the COVID vaccines result in negative efficacy several months post-vaccination (making recipients more susceptible to developing COVID), it is apparent that nations that were last in line for COVID vaccines and whose populations are mostly unvaccinated have fared better overall than those who received vaccines for their populations. The so-called lack of equity was fortuitous for them!
  • The claim is that pandemics invariably arise at the animal-human interface and that they are natural in origin. Neither is true for COVID or monkeypox, the last two declared public health emergencies of international concern, which came from laboratories.
  • The claim is that the vaguely defined “One Health approach” can prevent or detect pandemics and ameliorate them. Yet it remains unclear what this strategy is, and there is no evidence to support the claim that One Health offers any public health advantages whatsoever.
  • The claim is that increasing the capture and study of “potential pandemic pathogens” will be accomplished safely and yield useful pandemic products, when neither is true. The CDC’s Select Agent Program receives 200 reports yearly of accidents, losses or thefts of potential pandemic pathogens from high containment labs within the United States: 4 reports (and 4 potential pandemics) per week! And this is only within the US.
  • Drafts of the treaty and amendments assume that pharmaceutical manufacturers will agree to give up certain intellectual property rights.  In factneither developing nations nor pharmaceutical manufacturers are happy with the recent treaty proposal on intellectual property.
  • The claim is that the UN adopted a Declaration on pandemic preparedness supporting the WHO plan on September 20, 2023. In fact, 11 countries rejected the Declaration procedure and it was only signed by the UN General Assembly president, representing himself and not the UN General Assembly.
  • The claim is that the WHO has the legal right to require nations to censor “infodemics” and only allow the WHO’s public health narratives to be shared, yet this violates our First Amendment’s freedom of speech.
  • The claim is that health “coverage” (insurance) will automatically provide the world’s citizens access to a broad range of health care, while the primary reason for lack of access to healthcare is the lack of practitioners and facilities, not lack of “coverage.”

Here are some Specific Examples of What is Wrong with the Treaty:

Article 3, #2. Sovereignty

“States have, in accordance with the charter of the United Nations and the general principles of international law, the sovereign right to legislate and to implement legislation in pursuance of their health policies.”

This language fails to address the issue of the WHO assuming sovereignty for health matters over states through this treaty. It is a disingenuous attempt to grab sovereignty while claiming otherwise.

Article 3, #3. Equity

“Equity includes the unhindered, fair, equitable and timely access to safe, effective, quality and affordable pandemic – related products and services, information, pandemic – related technologies and social protection.”

However, Article 9, #2 (d) states that parties shall promote “infodemic management,” and infodemic is defined in Article 1(c) as false or misleading information. Article 18, #1 instructs the Parties to “combat false, misleading, misinformation or disinformation…” In earlier drafts the WHO spelled out that only the WHO’s public health narrative would be allowed to spread.

Article 4, #3. Pandemic Prevention and Public Health Surveillance

“The Parties shall cooperate with the support of the WHO Secretariat to strengthen and maintain public health laboratory and diagnostic capacities, especially with respect to the capacity to perform genetic sequencing, data science to assess the risk of detected pathogens and to safely handle samples containing pathogens and the use of related digital tools.”

While this section omits incentivizing Gain-of-Function laboratory research (which was included in the earlier Bureau draft) it does direct nations to perform genetic sequencing of potential pandemic pathogens (i.e., biological warfare agents) they find and to safely handle them, which requires high containment (BSL3/4) laboratories. Also in Article 4 is the need to “develop, strengthen and maintain the capacity to (i) detect, identify and characterize pathogens presenting significant risks…” indicating the directive for nations to perform surveillance to seek out such pathogens and study them.

Article 6, #4. Preparedness, Readiness, and Resilience

“The Parties shall establish, building on existing arrangements as appropriate, genomics, risk assessment, and laboratory networks in order to conduct surveillance and sharing of emerging pathogens with pandemic potential, with such sharing pursuant to the terms and modalities established in Article 12.” Article 1 (h) defined ‘ “pathogen with pandemic potential” as any pathogen that has been identified to infect humans and that is potentially highly transmissible and capable of wide, uncontrollable spread in human populations and highly virulent, making it likely to cause significant morbidity and/or mortality in humans.”

Why does the WHO require nations to go out and find potential pandemic pathogens (a.k.a. biological warfare agents) and supply both biologic samples and pathogens’ genetic sequences to the WHO, where they will be shared with pharmaceutical companies, research centers and academic institutions, as well as possible others? They are also to share the genetic sequences online, where hackers could obtain the sequences and produce biological warfare agents. Yet this behavior is prohibited by Security Council Resolution 1540.

Article 8, #3. Preparedness Monitoring and Functional Reviews

The parties shall, building on existing tools, develop and implement an inclusive, transparent, effective and efficient pandemic prevention, preparedness and response monitoring and evaluation system.”

Yet 4 different monitoring systems (“tools”–see graphic below) have been used to gauge nations’ readiness for pandemics and all 4 failed to predict how well they would do when COVID appeared. There is no acknowledgement of the failures of our assessment tools, nor discussion of whether there exist any useful assessment tools. And this begs the question why, if our means of assessing progress against pandemics failed, do we think that similar efforts are likely to be successful in future?

Article 10, #1 (d). Sustainable Production

“The Parties encourage entities, including manufacturers within their respective jurisdictions, in particular those that receive significant public financing, to grant, subject to any existing licensing restrictions, on mutually agreed terms, non-exclusive royalty-free licenses to any manufacturers, particularly from developing countries, to use their intellectual property and other protected substances, products, technology, know-how, information and knowledge used in the process of pandemic – related product development and production, in particular for pre-pandemic and pandemic diagnostics, vaccines and therapeutics for use in agreed developing countries.”

This and related sections are probably what make the pharma organization so upset with the current Treaty draft.

Article 12, #4 (a) i (2) Access and Benefit-Sharing

“Upload the genetic sequence of such WHO PABS (Pathogen Access and Benefits System) material to one or more publicly accessible databases of its choice, provided that the database has put in place an appropriate arrangement with respect to WHO PABS material.”

The treaty requires the sharing of pathogens and the need to identify and upload their genetic sequences online, where they will be accessible. This could also be called proliferation of biological weapons agents, which is generally considered a crime. In the US, “Select Agents” are those designated to have pandemic potential, and the select agent program is managed by CDC and USDA. For safety, CDC must give permission to transfer select agents. Yet the select agent rules are ignored in this WHO Treaty, which demands transfer of agents that could cause a worldwide pandemic. And in an apparent effort to handwave over existing rules, the draft states in Article 12, #8.

“The Parties shall ensure that such a system is consistent with, supportive of, and does not run counter to, the objectives of the Convention on Biological Diversity and the Nagoya Protocol thereto. The WHO PABS system will provide certainty and legal clarity to the providers and users of WHO PABS materials.”

Article 13, #3 (e). Global Supply Chain and Logistics (SCL)

“The terms of the WHO SCL Network shall include: facilitating the negotiation and agreement of advance purchase commitments and procurement contracts for pandemic-related products.”

Advance purchase commitments are contracts that obligate nations to buy products for pandemics in advance, sight unseen. Neither the manufacturer nor the state party knows what is coming, but once WHO issues a pandemic declaration, the contracts are activated and the US government will have to buy what the manufacturer produces. The 2009 swine flu pandemic provides a useful example. Advance purchase commitments led to tens of billions in vaccine purchases in North America and Europe for a flu that was less severe than normal. The GSK Pandemrix brand of vaccine led to over 1,300 cases of severe narcolepsy, primarily in adolescents. Rapid production of vaccines for which profits are guaranteed and liability is waived has never once been a win for the consumer.

Article 14. Regulatory Strengthening

Nations are to harmonize their regulatory requirements, expedite approvals and authorizations and ensure that legal frameworks are in place to support emergency approvals. This incentivizes a race to the bottom for drug and vaccine approval standards, particularly during emergencies.

Republished from the author’s Substack


Further Reading:

The WHO’s Proposed Treaty Will Increase Man-Made Pandemics, by Meryl Nass M.D.

What Can Countries Do Right Now to Slow Down the WHO? (PDF Download)

Collected IHR Amendment Drafts

Collected Pandemic Treaty Drafts

Author

  • Meryl Nass

    Dr. Meryl Nass, MD is an internal medicine specialist in Ellsworth, ME, and has over 42 years of experience in the medical field. She graduated from University of Mississippi School of Medicine in 1980.

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Brownstone Institute

Net Zero: The Mystery of the Falling Fertility

Published on

From the Brownstone Institute

By Tomas FurstTomas Fürst  

If you want to argue that a mysterious factor X is responsible for the drop in fertility, you will have to explain (1) why the factor affected only the vaccinated, and (2) why it started affecting them at about the time of vaccination.

In January 2022, the number of children born in the Czech Republic suddenly decreased by about 10%. By the end of 2022, it had become clear that this was a signal: All the monthly numbers of newborns were mysteriously low.

In April 2023, I wrote a piece for a Czech investigative platform InFakta and suggested that this unexpected phenomenon might be connected to the aggressive vaccination campaign that had started approximately 9 months before the drop in natality. Denik N – a Czech equivalent of the New York Times – immediately came forward with a “devastating takedown” of my article, labeled me a liar and claimed that the pattern can be explained by demographics: There were fewer women in the population and they were getting older.

To compare fertility across countries (and time), the so-called Total Fertility Rate (TFR) is used. Roughly speaking, it is the average number of children that are born to a woman over her lifetime. TFR is independent of the number of women and of their age structure. Figure 1 below shows the evolution of TFR in several European countries between 2001 and 2023. I selected countries that experienced a similar drop in TFR in 2022 as the Czech Republic.

Figure 1. The evolution of Total Fertility Rate in selected European countries between 2000 and 2023. The data corresponding to a particular year are plotted at the end of the column representing that year.

So, by the end of 2023, the following two points were clear:

  1. The drop in natality in the Czech Republic in 2022 could not be explained by demographic factors. Total fertility rate – which is independent of the number of women and their age structure – dropped sharply in 2022 and has been decreasing ever since. The data for 2024 show that the Czech TFR has decreased further to 1.37.
  1. Many other European countries experienced the same dramatic and unexpected decrease in fertility that started at the beginning of 2022. I have selected some of them for Figure 1 but there are more: The Netherlands, Norway, Slovakia, Slovenia, and Sweden. On the other hand, there are some countries that do not show a sudden drop in TFR, but rather a steady decline over a longer period (e.g. Belgium, France, UK, Greece, or Italy). Notable exceptions are Bulgaria, Spain, and Portugal where fertility has increased (albeit from very low numbers). The Human Fertility Project database has all the numbers.

This data pattern is so amazing and unexpected that even the mainstream media in Europe cannot avoid the problem completely. From time to time, talking heads with many academic titles appear and push one of the politically correct narratives: It’s Putin! (Spoiler alert: The war started in February 2022; however, children not born in 2022 were not conceived in 2021). It’s the inflation caused by Putin! (Sorry, that was even later). It’s the demographics! (Nope, see above, TFR is independent of the demographics).

Thus, the “v” word keeps creeping back into people’s minds and the Web’s Wild West is ripe with speculation. We decided not to speculate but to wrestle some more data from the Czech government. For many months, we were trying to acquire the number of newborns in each month, broken down by age and vaccination status of the mother. The post-socialist health-care system of our country is a double-edged sword: On one hand, the state collects much more data about citizens than an American would believe. On the other hand, we have an equivalent of the FOIA, and we are not afraid to use it. After many months of fruitless correspondence with the authorities, we turned to Jitka Chalankova – a Czech Ron Johnson in skirts – who finally managed to obtain an invaluable data sheet.

To my knowledge, the datasheet (now publicly available with an English translation here) is the only officially released dataset containing a breakdown of newborns by the Covid-19 vaccination status of the mother. We requested much more detailed data, but this is all we got. The data contains the number of births per month between January 2021 and December 2023 given by women (aged 18-39) who were vaccinated, i.e., had received at least one Covid vaccine dose by the date of delivery, and by women who were unvaccinated, i.e., had not received any dose of any Covid vaccine by the date of delivery.

Furthermore, the numbers of births per month by women vaccinated by one or more doses during pregnancy were provided. This enabled us to estimate the number of women who were vaccinated before conception. Then, we used open data on the Czech population structure by age, and open data on Covid vaccination by day, sex, and age.

Combining these three datasets, we were able to estimate the rates of successful conceptions (i.e., conceptions that led to births nine months later) by preconception vaccination status of the mother. Those interested in the technical details of the procedure may read Methods in the newly released paper. It is worth mentioning that the paper had been rejected without review in six high-ranking scientific journals. In Figure 2, we reprint the main finding of our analysis.

Figure 2A. Histogram showing the percentage of women in the Czech Republic aged 18–39 years who were vaccinated with at least one dose of a Covid-19 vaccine by the end of the respective month. Figure 2B. Estimates of the number of successful conceptions (SCs) per 1,000 women aged 18–39 years according to their pre-conception Covid vaccination status. The blue-shaded areas in Figure 1B show the intervals between the lower and upper estimates of the true SC rates for women vaccinated (dark blue) and unvaccinated (light blue) before conception.

Figure 2 reveals several interesting patterns that I list here in order of importance:

  1. Vaccinated women conceived about a third fewer children than would be expected from their share of the population. Unvaccinated women conceived at about the same rate as all women before the pandemic. Thus, a strong association between Covid vaccination status and successful conceptions has been established.
  2. In the second half of 2021, there was a peak in the rate of conceptions of the unvaccinated (and a corresponding trough in the vaccinated). This points to rather intelligent behavior of Czech women, who – contrary to the official advice – probably avoided vaccination if they wanted to get pregnant. This concentrated the pregnancies in the unvaccinated group and produced the peak.
  3. In the first half of 2021, there was significant uncertainty in the estimates of the conception rates. The lower estimate of the conception rate in the vaccinated was produced by assuming that all women vaccinated (by at least one dose) during pregnancy were unvaccinated before conception. This was almost certainly true in the first half of 2021 because the vaccines were not available prior to 2021. The upper estimate was produced by assuming that all women vaccinated (by at least one dose) during pregnancy also received at least one dose before conception. This was probably closer to the truth in the second part of 2021. Thus, we think that the true conception rates for the vaccinated start close to the lower bound in early 2021 and end close to the upper bound in early 2022. Once again, we would like to be much more precise, but we have to work with what we have got.

Now that the association between Covid-19 vaccination and lower rates of conception has been established, the one important question looms: Is this association causal? In other words, did the Covid-19 vaccines really prevent women from getting pregnant?

The guardians of the official narrative brush off our findings and say that the difference is easily explained by confounding: The vaccinated tend to be older, more educated, city-dwelling, more climate change aware…you name it. That all may well be true, but in early 2022, the TFR of the whole population dropped sharply and has been decreasing ever since.

So, something must have happened in the spring of 2021. Had the population of women just spontaneously separated into two groups – rednecks who wanted kids and didn’t want the jab, and city slickers who didn’t want kids and wanted the jab – the fertility rate of the unvaccinated would indeed be much higher than that of the vaccinated. In that respect, such a selection bias could explain the observed pattern. However, had this been true, the total TFR of the whole population would have remained constant.

But this is not what happened. For some reason, the TFR of the whole population jumped down in January 2022 and has been decreasing ever since. And we have just shown that, for some reason, this decrease in fertility affected only the vaccinated. So, if you want to argue that a mysterious factor X is responsible for the drop in fertility, you will have to explain (1) why the factor affected only the vaccinated, and (2) why it started affecting them at about the time of vaccination. That is a tall order. Mr. Occam and I both think that X = the vaccine is the simplest explanation.

What really puzzles me is the continuation of the trend. If the vaccines really prevented conception, shouldn’t the effect have been transient? It’s been more than three years since the mass vaccination event, but fertility rates still keep falling. If this trend continues for another five years, we may as well stop arguing about pensions, defense spending, healthcare reform, and education – because we are done. 

We are in the middle of what may be the biggest fertility crisis in the history of mankind. The reason for the collapse in fertility is not known. The governments of many European countries have the data that would unlock the mystery. Yet, it seems that no one wants to know.


Author

Tomas Furst

Tomas Fürst teaches applied mathematics at Palacky University, Czech Republic. His background is in mathematical modelling and Data Science. He is a co-founder of the Association of Microbiologists, Immunologists, and Statisticians (SMIS) which has been providing the Czech public with data-based and honest information about the coronavirus epidemic. He is also a co-founder of a “samizdat” journal dZurnal which focuses on uncovering scientific misconduct in Czech Science.

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Brownstone Institute

FDA Exposed: Hundreds of Drugs Approved without Proof They Work

Published on

From the Brownstone Institute

By Maryanne Demasi

The US Food and Drug Administration (FDA) has approved hundreds of drugs without proof that they work—and in some cases, despite evidence that they cause harm.

That’s the finding of a blistering two-year investigation by medical journalists Jeanne Lenzer and Shannon Brownleepublished by The Lever.

Reviewing more than 400 drug approvals between 2013 and 2022, the authors found the agency repeatedly ignored its own scientific standards.

One expert put it bluntly—the FDA’s threshold for evidence “can’t go any lower because it’s already in the dirt.”

A System Built on Weak Evidence

The findings were damning—73% of drugs approved by the FDA during the study period failed to meet all four basic criteria for demonstrating “substantial evidence” of effectiveness.

Those four criteria—presence of a control group, replication in two well-conducted trials, blinding of participants and investigators, and the use of clinical endpoints like symptom relief or extended survival—are supposed to be the bedrock of drug evaluation.

Yet only 28% of drugs met all four criteria—40 drugs met none.

These aren’t obscure technicalities—they are the most basic safeguards to protect patients from ineffective or dangerous treatments.

But under political and industry pressure, the FDA has increasingly abandoned them in favour of speed and so-called “regulatory flexibility.”

Since the early 1990s, the agency has relied heavily on expedited pathways that fast-track drugs to market.

In theory, this balances urgency with scientific rigour. In practice, it has flipped the process. Companies can now get drugs approved before proving that they work, with the promise of follow-up trials later.

But, as Lenzer and Brownlee revealed, “Nearly half of the required follow-up studies are never completed—and those that are often fail to show the drugs work, even while they remain on the market.”

“This represents a seismic shift in FDA regulation that has been quietly accomplished with virtually no awareness by doctors or the public,” they added.

More than half the approvals examined relied on preliminary data—not solid evidence that patients lived longer, felt better, or functioned more effectively.

And even when follow-up studies are conducted, many rely on the same flawed surrogate measures rather than hard clinical outcomes.

The result: a regulatory system where the FDA no longer acts as a gatekeeper—but as a passive observer.

Cancer Drugs: High Stakes, Low Standards

Nowhere is this failure more visible than in oncology.

Only 3 out of 123 cancer drugs approved between 2013 and 2022 met all four of the FDA’s basic scientific standards.

Most—81%—were approved based on surrogate endpoints like tumour shrinkage, without any evidence that they improved survival or quality of life.

Take Copiktra, for example—a drug approved in 2018 for blood cancers. The FDA gave it the green light based on improved “progression-free survival,” a measure of how long a tumour stays stable.

But a review of post-marketing data showed that patients taking Copiktra died 11 months earlier than those on a comparator drug.

It took six years after those studies showed the drug reduced patients’ survival for the FDA to warn the public that Copiktra should not be used as a first- or second-line treatment for certain types of leukaemia and lymphoma, citing “an increased risk of treatment-related mortality.”

Elmiron: Ineffective, Dangerous—And Still on the Market

Another striking case is Elmiron, approved in 1996 for interstitial cystitis—a painful bladder condition.

The FDA authorized it based on “close to zero data,” on the condition that the company conduct a follow-up study to determine whether it actually worked.

That study wasn’t completed for 18 years—and when it was, it showed Elmiron was no better than placebo.

In the meantime, hundreds of patients suffered vision loss or blindness. Others were hospitalized with colitis. Some died.

Yet Elmiron is still on the market today. Doctors continue to prescribe it.

“Hundreds of thousands of patients have been exposed to the drug, and the American Urological Association lists it as the only FDA-approved medication for interstitial cystitis,” Lenzer and Brownlee reported.

“Dangling Approvals” and Regulatory Paralysis

The FDA even has a term—”dangling approvals”—for drugs that remain on the market despite failed or missing follow-up trials.

One notorious case is Avastin, approved in 2008 for metastatic breast cancer.

It was fast-tracked, again, based on ‘progression-free survival.’ But after five clinical trials showed no improvement in overall survival—and raised serious safety concerns—the FDA moved to revoke its approval for metastatic breast cancer.

The backlash was intense.

Drug companies and patient advocacy groups launched a campaign to keep Avastin on the market. FDA staff received violent threats. Police were posted outside the agency’s building.

The fallout was so severe that for more than two decades afterwards, the FDA did not initiate another involuntary drug withdrawal in the face of industry opposition.

Billions Wasted, Thousands Harmed

Between 2018 and 2021, US taxpayers—through Medicare and Medicaid—paid $18 billion for drugs approved under the condition that follow-up studies would be conducted. Many never were.

The cost in lives is even higher.

A 2015 study found that 86% of cancer drugs approved between 2008 and 2012 based on surrogate outcomes showed no evidence that they helped patients live longer.

An estimated 128,000 Americans die each year from the effects of properly prescribed medications—excluding opioid overdoses. That’s more than all deaths from illegal drugs combined.

A 2024 analysis by Danish physician Peter Gøtzsche found that adverse effects from prescription medicines now rank among the top three causes of death globally.

Doctors Misled by the Drug Labels

Despite the scale of the problem, most patients—and most doctors—have no idea.

A 2016 survey published in JAMA asked practising physicians a simple question—what does FDA approval actually mean?

Only 6% got it right.

The rest assumed that it meant the drug had shown clear, clinically meaningful benefits—such as helping patients live longer or feel better—and that the data was statistically sound.

But the FDA requires none of that.

Drugs can be approved based on a single small study, a surrogate endpoint, or marginal statistical findings. Labels are often based on limited data, yet many doctors take them at face value.

Harvard researcher Aaron Kesselheim, who led the survey, said the results were “disappointing, but not entirely surprising,” noting that few doctors are taught about how the FDA’s regulatory process actually works.

Instead, physicians often rely on labels, marketing, or assumptions—believing that if the FDA has authorized a drug, it must be both safe and effective.

But as The Lever investigation shows, that is not a safe assumption.

And without that knowledge, even well-meaning physicians may prescribe drugs that do little good—and cause real harm.

Who Is the FDA Working for?

In interviews with more than 100 experts, patients, and former regulators, Lenzer and Brownlee found widespread concern that the FDA has lost its way.

Many pointed to the agency’s dependence on industry money. A BMJ investigation in 2022 found that user fees now fund two-thirds of the FDA’s drug review budget—raising serious questions about independence.

Yale physician and regulatory expert Reshma Ramachandran said the system is in urgent need of reform.

“We need an agency that’s independent from the industry it regulates and that uses high-quality science to assess the safety and efficacy of new drugs,” she told The Lever. “Without that, we might as well go back to the days of snake oil and patent medicines.”

For now, patients remain unwitting participants in a vast, unspoken experiment—taking drugs that may never have been properly tested, trusting a regulator that too often fails to protect them.

And as Lenzer and Brownlee conclude, that trust is increasingly misplaced.

Republished from the author’s Substack

 

Author

Maryanne Demasi, 2023 Brownstone Fellow, is an investigative medical reporter with a PhD in rheumatology, who writes for online media and top tiered medical journals. For over a decade, she produced TV documentaries for the Australian Broadcasting Corporation (ABC) and has worked as a speechwriter and political advisor for the South Australian Science Minister.

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