Obama blamed for 2002 Supreme Court decision, fungal meningitis edition

I almost didn’t respond to the reporter from the Boston Herald, because the paper has a reputation for molding facts to fit its ideology. But I decided to take a chance. Here’s my quotes, which were completely accurate:

Boston University law professor Kevin Outterson noted compounding pharmacies were relieved of some regulation in 2002, when the U.S. Supreme Court struck down a law regulating them because of a provision that banned them from advertising. Outterson said Congress failed to amend the law. “It could have been fixed a decade ago,” Outterson said.

Outterson said state regulation will do little to fix the problem. Even if Massachusetts had strict rules in place, compounding companies could just move to more lenient states, while their products could still be shipped across the country.  “For states to try to regulate this is really difficult. It has to be done nationally,” said Outterson.

But the headline was totally wrong, as was the picture caption:

Critics: Obama shares outbreak blame

Drug rules loosened on his watch

Photo by AP
BIG PRICE TO PAY: President Obama’s administration is under fire for the lack of compounding pharmacy regulations.
UPDATE:  The WSJ gets the history exactly right on the recent history of attempts to regulate drug compounding.  The key effort was in 2007.

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