Archive for June, 2008

Photo by Frank RogersRemember earlier this month when Public Citizen and other consumer advocates trekked to the Hill to tell a Senate committee that the National Highway Safety Administration’s proposed roof crush standard is woefully inadequate?

Now, reports have emerged stating NHTSA might not even make its July 1 deadline for submitting the proposal. The Detroit News, Automotive World and Consumer Affairs have reported that the agency plans to ask Congress for an extension in order complete its research and address concerns and questions among automakers and senators.

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Maybe, the founding fathers actually knew what they were doing when they set up a system of checks and balances that ensure that no one branch of our government can become too powerful. We see examples all the time where the President and Congress clash over issues or where the U.S. Supreme Court weighs in on a law that Congress passed or some power that the President claims is his executive right. Now, comes an example where Congress has the potential to turn back a recent Supreme Court decision that took away the rights of patients to sue the makers of defective medical devices.

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Cross posted from CL&P Blog

By Paul Alan Levy

In a recent series of demands, a purveyor of “nutraceuticals” called mynutritionstore.com threatened to sue Julia Forte over consumer criticisms appearing on her web site 800notes.com, a forum for identification and discussion of telemarketers based on their phone numbers. (The specific dispute is summarized here) Mynutritionstore’s expressed concern was that the comments about it show up in Google searches.

When Forte replied by citing her protection under the Communications Decency Act, 47 U.S.C. § 230, which generally immunizes hosts of discussion sites against suit based on what consumers say on their sites, mynutritionstore’s lawyer, Thomas Georgianna, of the law firm of Horwitz & Cron, had what he no doubt thought was an ingenious response – if he couldn’t sue on the merits, he could sue the anonymous commenters, join the web host as a “necessary party,” seek a preliminary injunction, and thus force the web host to spend money on lawyers, driving up its costs. He apparently hoped that the threat of such expenses would drive Forte to comply with his demands.

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If the British recognize that the drug propoxyphene is too dangerous to prescribe to patients, what’s keeping Americans from realizing the same thing?

The U.K. began a phased withdrawal of Darvocet, which contains propoxyphene, from the British market in 2005, after the U.K. Committee on Safety of Medicines recommended that they do so. In its report, the CSM stated that it could not “identify any patient group in whom the risk-benefit [ratio] may be positive.” The withdrawal was completed at the end of 2007.

It’s not that Americans haven’t tried to tell the government to pull propoxyphene off drug store shelves. In 2006, Public Citizen petitioned the U.S. Food and Drug Administration to withdraw all drugs containing propoxyphene, including Darvon and Darvocet, from the market because of the drug’s hazardous side effects. However, the FDA still has not granted or denied the petition. So now Public Citizen is filing a complaint in the D.C. District Court in the District of Columbia asking it to compel the FDA to make a decision.

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Associated Press logoThe Associated Press unleashed a firestorm in the blogosphere last week when it claimed that Drudge Retort, a left-wing alternative to the conservative blog Drudge Report, had committed copyright infringement by linking to and briefly quoting several AP articles. Bloggers everywhere were surprised to learn that the AP expects bloggers to pay for the privilege of brief quotations from its articles. Want to quote 5 words from an AP article? The AP wants you to pay $12.50. Want to post and comment on a 60-word statement by a presidential candidate from an AP story? That’ll be $25.

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