GAO: FDA Ruling on Morning After Pill was Unusual
The GAO investigation uncovered evidence of a coverup, as well:
The Government Accountability Office report said the apparent involvement of McClellan and other top officials was one of four unusual aspects of FDA's handling of the politically sensitive decision. The investigators reported that several key FDA officials told colleagues that the application to allow over-the-counter sales of the emergency contraceptive would be rejected months before the decision was announced.
The proposal for nonprescription sales of the ''Plan B" contraceptive was actively supported by FDA staff and by a joint advisory panel of experts, and the decision caused considerable internal dissent.
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Many proponents of easier access to Plan B charge that political considerations had intruded into the FDA decision-making, which is by law supposed to be based solely on scientific evidence.
The key findings of the GAO report were that the FDA did not employ its usual procedures and scientific standards in weighing the Plan B application. GAO investigator Marcia Crosse said it was unusual for top FDA officials to get actively involved. The decision to reject the application was signed by Steven Galson, the senior officer of the Center for Drug Evaluation and Research, because lower-ranking officials disagreed with his conclusion.
The GAO investigation uncovered evidence of a coverup, as well:
...the GAO was unable to fully understand McClellan's role because he would not speak with the investigators and because the agency provided no documents reflecting his communications with other officials. The FDA told the investigators that e-mails to and from McClellan had been deleted and that written memos were routinely destroyed.
Raising the possibility that the practice was a violation of federal record-keeping law, the lawmakers wrote: ''This potential violation of records management laws and regulations is not a mere technicality. On the contrary, as the Plan B decision makes clear, retaining the documents of the agency head is essential for the transparent operation of government."