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Wednesday, October 17, 2012

FDA takes action against thousands of illegal Internet pharmacies

The U.S. Food and Drug Administration, in partnership with international regulatory and law enforcement agencies, took action this week against more than 4,100 Internet pharmacies that illegally sell potentially dangerous, unapproved drugs to consumers. Actions taken include civil and criminal charges, seizure of illegal products, and removal of offending websites.

The announcement takes place during the 5th annual International Internet Week of Action (IIWA), a global cooperative effort to combat the online sale and distribution of potentially counterfeit and illegal medical products. This year’s effort – Operation Pangea V – operated between Sept. 25 and Oct. 2 and resulted in the shutdown of more than 18,000 illegal pharmacy websites and the seizure of about $10.5 million worth of pharmaceuticals worldwide.

The goal of this annual effort, which involved law enforcement, customs and regulatory authorities from 100 countries, is to identify producers and distributors of illegal pharmaceutical products and medical devices and remove these products from the supply chain.

“Consumers in the United States and around the world face a real threat from Internet pharmacies that illegally sell potentially substandard, counterfeit, adulterated or otherwise unsafe medicines,” said FDA Commissioner Margaret A. Hamburg, M.D. “This week’s efforts show that strong international enforcement efforts are required to combat this global public health problem. The FDA is committed to joining forces to protect consumers from the risks these websites present.”

Last week, the FDA reinforced its online efforts with the launch of a national campaign to educate Americans about the risks of buying prescription medications over the Internet. BeSafeRx – Know Your Online Pharmacy seeks to raise public awareness about the health risks of using fraudulent Internet pharmacies and what consumers can do to protect themselves.

During Operation Pangea V, the FDA targeted websites selling unapproved and potentially dangerous medicines. In many cases, the medicines can be detrimental to public health because they contain active ingredients that are approved by FDA for use only under the supervision of a licensed health care practitioner or active ingredients that were previously withdrawn from U.S. market due to safety issues.

Among the illegal medicines identified through the operation were:
Domperidone: This medicine was removed from the United States market in 1998 because it may cause serious adverse effects, including irregular heartbeat, stopping of the heart, or sudden death. These dangers could convey to the nursing baby of breastfeeding women, who may be using domperidone to try increase milk production (which is not an approved use).


Isotretinoin (previously marketed as Accutane in the United States): This medicine is used to treat severe nodular acne and carries significant potential risks, including severe birth defects if pregnancy occurs while using this medicine. To minimize potential risks to consumers, FDA-approved isotretinoin capsules are only available through restricted distribution in the United States.


Tamiflu (oseltamivir phosphate): This medicine, which is used to treat the flu, is often sold online as “generic Tamiflu.” However, there is no FDA-approved generic version of Tamiflu. Previous FDA tests found that fraudulent versions of “generic Tamiflu” contained the wrong active ingredient, which would not be effective in treating flu. In these cases, the wrong active ingredient was similar to penicillin and may cause a severe allergic reaction, including a sudden, potentially life-threatening reaction called anaphylaxis, in consumers allergic to penicillin products.


Viagra (sildenafil citrate): This medicine is used to treat erectile dysfunction. Due to its vasodilation effects, sildenafil citrate should not be used by consumers with certain heart conditions. Consumers taking this medicine without the supervision of a health care professional may not learn about potential drug interactions, such as increased blood pressure lowering effects of organic nitrates when taken with sildenafil citrate.

The FDA sent Warning Letters to the operators of more than 4,100 identified websites. As a follow up, the agency sent notices to Registries, Internet Service Providers (ISPs), and domain Name Registrars (DNRs) informing them that these websites were selling products in violation of U.S. law. The FDA is working with its foreign counterparts to address the remaining websites that continue to offer unapproved or misbranded prescription medicines to U.S. consumers.

“Internet pharmacies that illegally sell unapproved, counterfeit, or potentially adulterated or substandard drugs are an inherently international crime problem,” said John Roth, director of the FDA’s Office of Criminal Investigation. “The FDA is pleased to work with INTERPOL, the international police agency, to fight this problem. Because these criminals do not respect international borders, the international coordinated law enforcement response represented by Operation Pangea demonstrates that international cooperation is the best way to protect the American public from the risk of unsafe drugs.”

The FDA coordinated the efforts of this year’s Operation Pangea V, including screening all drug products received through the international mail facilities during the IIWA. Preliminary findings showed that certain products from abroad, such as antibiotics, antidepressants, and other drugs to treat high cholesterol, diabetes, and high blood pressure, were on the way to U.S. consumers. Many of those products can pose health risks if taken without the supervision of a health care practitioner or if the products have been removed from the market for safety reasons.

The FDA encourages consumers to report suspected criminal activity at www.fda.gov/oci.

The IIWA is a collaboration between FDA, INTERPOL , the World Customs Organization, Permanent Forum of International Pharmaceutical Crime, Heads of Medicines Agencies Working Group of Enforcement Officers, the Medicines and Healthcare products Regulatory Agency of the United Kingdom, the Irish Medicines Board, the London Metropolitan Police, the U.S. Department of Homeland Security, the Center for Safe Internet Pharmacies, and national health and law enforcement agencies from 100 participating countries.

Tuesday, October 16, 2012

NJ Company Pleads Guilty to Theft of Insurance Premiums

NJ Attorney General Jeffrey S. Chiesa announced that a Burlington County company has pleaded guilty for under-reporting the number of its employees and wages to evade the full payment of workers’ compensation insurance premiums.

Techdan, LLC, which, at the time of the crime was located at 2092 Rt. 130 North in Florence, pleaded guilty yesterday to second-degree theft by deception before Superior Court Judge James W. Palmer, Jr. in Burlington County. The charge was contained in a July 3 state grand jury indictment.

Judge Palmer scheduled sentencing for November 16. Under the plea agreement, Techdan, LLC has agreed to pay $75,000 in restitution.

In pleading guilty, Techdan, LLC admitted that between March 12, 2004 and July 5, 2007, the company gave the false impression to Liberty Mutual Insurance Company that it was entitled to lower workers’ compensation premiums. Techdan, LLC admitted that it under-reporting the number of its employees and/or the misclassification of its employees’ occupational classes and/or under reporting the total employee payroll amounts to evade paying the full payment of workers’ compensation.

Deputy Attorney General Cheryl A. Maccaroni and Detective Natalie Brotherston and Civil Investigator Wilbert Sowney were assigned to the case. Acting Insurance Fraud Prosecutor Ronald Chillemi thanked Liberty Mutual Insurance Company for its assistance in the investigation.

Wednesday, October 10, 2012

The Need For New Blood and Effusion Biomarker for Pleural Mesothelioma

A report in the New England Journal of Medicine concludes that more research is urgently needed to detect biomarkers to detect pleural mesothelioma so that treatment option can be expanded. The only known cause of mesothelioma is asbestos exposure a medical condition that develops after a long latency period. Many individuals have been exposed to asbestos fiber at work, in the military and as bystanders.
Malignant Mesothelioma, coronal CT scan. Legen...
Malignant Mesothelioma, coronal CT scan. Legend: the malignant mesothelioma is indicated by yellow arrows, the central pleural effusion is marked with a yellow star. (1) right lung, (2) spine, (3) left lung, (4) ribs, (5) aorta, (6) spleen, (7) left kidney, (8) right kidney, (9) liver. (Photo credit: Wikipedia)

"Despite advances in chemotherapy, radiation therapy, and surgical management for malignant pleural mesothelioma, the median survival remains 12 months. Early detection is limited by the long latency period, an inability of imaging to detect the disease at an early stage even when it is used as a screening strategy, and the lack of sensitive and specific blood-based markers. Moreover, in patients with undiagnosed pleural effusion, the ability to diagnose mesothelioma is delayed by failure to include the disease in the differential diagnosis and by the lack of noninvasive mesothelioma-specific blood-based markers."

"Future investigations should also explore why fibulin-3 is selectively elevated in mesothelioma as compared with other cancers and should address the question of whether this is an epigenetic-based phenomenon either through methylation or microRNA control. These studies could potentially clarify the role of fibulin-3 in mesothelioma growth, invasion, and metastasis formation and determine whether the molecule might be targeted for specific cytotoxic or biologic therapies."

Fibulin-3 as a Blood and Effusion Biomarker for Pleural Mesothelioma
Harvey I. Pass, M.D., Stephen M. Levin, M.D., Michael R. Harbut, M.D., Jonathan Melamed, M.D., Luis Chiriboga, Ph.D., Jessica Donington, M.D., Margaret Huflejt, Ph.D., Michele Carbone, M.D., Ph.D., David Chia, Ph.D., Lee Goodglick, Ph.D., Gary E. Goodman, M.D., Mark D. Thornquist, Ph.D., Geoffrey Liu, M.D., Marc de Perrot, M.D., Ming-Sound Tsao, M.D., and Chandra Goparaju, Ph.D.
N Engl J Med 2012; 367:1417-1427October 11, 2012DOI: 10.1056/NEJMoa1115050
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For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.

Sunday, October 7, 2012

Multistate Outbreak of Salmonella Bredeney Infections Linked to Peanut Butter Manufactured By Sunland, Inc.

Recall
On October 4, 2012, Sunland Inc. expanded its ongoing recall Adobe PDF file [PDF - 10 pages]External Web Site Icon to include all products made in the Sunland nut butter production facility between March 1, 2010 and September 24, 2012.  The company reports that it is adding 139 products to the recall, bringing the total number of products being recalled by Sunland Inc. to 240.
The expanded recall covers all previously identified Peanut Butter, Almond Butter, Cashew Butter, and Tahini products as well as Roasted Blanched Peanut Products. New product categories being added to the list are several varieties of flavored butters and spreads, including Thai Ginger Butter, Chocolate Butter and Banana Butter.
On September 24, 2012, Sunland, Inc. announced a voluntary recall of its peanut butter and other products containing nuts and seeds, manufactured between May 1, 2012 and September 24, 2012, because these products may be contaminated with Salmonella.
The recalled products manufactured by Sunland, Inc. Adobe PDF file [PDF- 5 pages]External Web Site Icon were distributed nationally to numerous large supermarket chains. The recall applies to the products with Best-If-Used-By dates between May 1, 2013 and September 24, 2013. This date is stamped on the side of the jars’ labels below the lid.
On September 22, 2012, Trader Joe’s voluntarily recalled its Creamy Salted Valencia Peanut ButterExternal Web Site Iconbecause of potential contamination with Salmonella and urged consumers to not eat the product. In advance of this recall, Trader Joe’s removed the product from all store shelves.
The recalled Creamy Salted Valencia Peanut Butter was distributed to Trader Joe’s stores nationwide. The product comes in a 16-ounce plastic jar. All code dates are included in this recall, up to an including July 26, 2013 (26JUL13). The peanut butter is labeled Trader Joe’s Valencia Creamy Peanut Butter made with Sea Salt.
Customers who have purchased this item are urged to not eat the product, and to dispose of it or return it to any Trader Joe’s location for a full refund. 

Advice to Consumers, Retailers, and Others

  • Based on available information, CDC recommends that consumers do not eat recalled peanut butter and other products containing nuts and seeds and dispose of any remaining jars of these products in the home or return the jars to the place of purchase.
    • This is especially important for children under the age of 5 years, older adults, and people with weak immune systems.
  • Persons who think they might have become ill from eating possibly contaminated peanut butter or other products containing nuts and seeds should consult their health care providers.
    • Symptoms include:
Contaminated peanut butter and other products containing nuts and seeds may still be in consumers' homes or available for sale on the internet.
  • Consumers who recently purchased recalled peanut butter or other products containing nuts and seeds are advised not to eat them and dispose of any remaining jars of these products or return the jars to the place of purchase. 
  • Retailers and food service operators should not sell or serve recalled peanut butter and other products containing nuts and seeds.
  • Some of these products may still be available for sale from internet retailers.
What to do if you have Trader Joe’s Valencia Creamy Salted Peanut Butter in your home:
  • Dispose of the product immediately or return it to the place of purchase.
  • Even if some of the peanut butter or other products containing nuts and seeds have been eaten without anyone becoming ill, the rest of the jar should be disposed of or returned.
  • If consumers choose to discard recalled peanut butter or other products containing nuts and seeds, the product should be disposed of in a closed plastic bag and placed in a sealed trash can. This will prevent people or animals from eating it.
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    For over 3 decades the Law Offices of Jon L. Gelman1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.

    More on Food Safety


Romney, Regulation & Risk of Cancer

Cancer causing substances in the workplace have created an epidemic of occupational illness claims in the United States in the last few decades. The Chemical Lobby, and those who advocate of their behalf for less regulation, including presidential candidate Mitt Romney are now advocating for less regulation and the elimination of the semi-annual publication The Report on Carcinogens.

"....Every free economy has regulation. At the same time regulation can become excessive, it can become out of date. And what's happened with some of the legislation that's been passed under President Obama's term is you've seen some of the regulation become excessive and it has hurt the economy." Mitt Romney, 1st Presidential Debate 2012


This challenge to a safer workplace is discussed in an Op-Ed article in the NY Times Today:
"The chemical industry is working frantically to suppress that scientific consensus — because it fears “public confusion.” Big Chem apparently worries that you might be confused if you learned that formaldehyde caused cancer of the nose and throat, and perhaps leukemia as well." Nicholas D. Kristof, The New York Times

Click here to read "The Cancer Lobby" (NY Times) 10/7/12


More Bout "Carcinogens"
May 16, 2009
IARC To Review Human Carcinogens-metals, arsenic, dusts & fibers (asbestos). The International Agency for Research on Cancer (IARC) has met to reassessthe carcinogenicity of metals, arsenic, dusts, and fibres previously...
Sep 12, 2012
Cell phones continue to have an increased use in the workplace and may join the ranks of other workplace carcinogens shortly. The World Health Organization has identified cell phones as a potential cause of glioma, a brain ...
Jun 11, 2011
The U.S. Department of Health and Human Services announced today that eight substances have been added to its Report on Carcinogens, a science-based document that identifies chemicals and biological agents that may ...
Sep 30, 2011
"The National Institute for Occupational Safety and Health (NIOSH) of the Centers for Disease Control and Prevention (CDC) intends to review its approach to classifying carcinogens and establishing recommended exposure...
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For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.

Saturday, October 6, 2012

Fear to File: Loser Pays Creates an Unjust Result in Florida

A Florida appeals court this week challenged the looser pays rule mandated by statute in workers' compensation cases. The Court declared:

"We are constrained to affirm the imposition of costs under section 440.34(3),
Florida Statutes. In our view, the result here, while correct under prevailing law,
raises important questions of public policy. We recognize that a statute providing
for the imposition of costs is not designed to penalize, but to make the prevailing
party whole. However, where the statute provides that an injured employee who
seeks workers’ compensation benefits in good faith, but does not prevail and must
then pay the employer’s costs, it is not unreasonable to argue, as Claimant does,
that the statute imposes a chilling effect on future employees with meritorious
claims. This is especially significant where a prevailing party’s opportunity to
recoup its attorney’s fees is limited by statute. Such employees may thereby
forego seeking benefits based on meritorious claims in order to avoid subjecting
themselves to an award of costs. "


Traditionally, the workers' compensation system provided a summary and remedial adjudication process for the claims of injured workers. While "Times Have Changed," and greater restrictions have been placed on the process to reduce employee's access to benefits, the imposition of a "looser pays" rule, defies both good conscience and equity, upon which the workers' compensation act was crafted. Under the looser pays rule everyone looses.


Friday, October 5, 2012

EPA Finalizes Cleanup Plan for Scientific Chemical Processing Superfund Site in Carlstadt New Jersey

The U.S. Environmental Protection Agency has finalized its plan to clean up contaminated ground water at the Scientific Chemical Processing Superfund site in Carlstadt, New Jersey. Past industrial activities contaminated shallow and deep levels of the ground water with volatile organic compounds, which can have serious health effects. The cleanup plan calls for the ground water to be treated to break down the contaminants to protect people’s health and the environment. The EPA held a public meeting on August 19, 2012 to explain its plan and considered public input before finalizing it.

Some volatile organic compounds can cause cancer. The extent and nature of potential health effects depend on many factors, including the level and length of exposure to the pollution.

From the 1940s to 1980, what is now referred to as the Scientific Chemical Processing site was used to process solvents for further use or disposal. In 1970, the Scientific Chemical Processing Company leased the site and used the property for processing industrial waste from 1971 until the company was shut down.

The Scientific Chemical Processing site was listed on the EPA’s Superfund list of the nation’s most hazardous waste sites in 1983. Between 1983 and 1985, the New Jersey Department of Environmental Protection required the company to remove approximately 250,000 gallons of waste stored in tanks that had been abandoned at the site. The EPA took the lead in overseeing the cleanup in 1985.

Because of the nature and complexity of the contamination at the site, the cleanup has been conducted in three phases. The first phase began in 1990, when the EPA implemented a plan to contain contaminated shallow ground water and soil on the former Scientific Chemical Processing property while a longer term plan could be developed. An underground wall was constructed to prevent the contaminated ground water from moving off the property. A cap was installed to prevent exposure to contaminated soil on the property and to keep rain and flood water from seeping into the ground water. In addition, a system was built to collect the shallow ground water so it could be shipped off-site for treatment and disposal.

In August 2002, based on the results of monitoring conducted after the first phase of work, the EPA began implementing a long-term plan for the shallow ground water and soil on the property. Under this plan, the EPA removed an area of highly contaminated soil and upgraded the ground water extraction system. Ground water is still being shipped off-site for treatment and disposal. This work was completed in October 2011.

During the third and final phase under the plan that has just been finalized, substances designed to break down the contaminants to less toxic forms will be injected into the deeper ground water in affected areas both on and off the former Scientific Chemical Processing Company property. Samples of the ground water will be collected and analyzed regularly to ensure the technology is effective and remains protective of human health and the environment. Monitoring will continue until ground water cleanup levels have been met.

The Superfund program operates on the principle that polluters should pay for the cleanups, rather than passing the costs to taxpayers. After sites are placed on the Superfund list of the most contaminated waste sites, the EPA searches for parties responsible for the contamination and holds them accountable for the costs of investigations and cleanups. The cleanup of the Scientific Chemical Processing site is being conducted and paid for by a group of over 100 companies with oversight by the EPA.

For more information on the Scientific Chemical Processing Superfund site, go to:http://www.epa.gov/region02/superfund/npl/scientificchemical/


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