Memorandum Richard P. Kusserow Audit of Issues Related to the Food and Drug Administration Review of Bovine Somatotropin (A-15-90-00046) James 0. Mason, M.D., Dr. P.H. To Assistant Secretary for Health The attached final audit report presents the results of ouraudit of the Food and Drug Administration's (FDA) review ofWe conductedthis audit at the request of Congressman John D. Conyers, Jr.,House Committee on Government Operations, who wasconcerned about: in milk from cows treated with theof and (3) the possibility that FDA and MonsantoAgricultural Company (Monsanto), one of the drug developing withheld, suppressed, and manipulated health-related data.Our review focused on FDA's procedures in evaluating related data, We found that research has been conducted todemonstrate both that is not harmful to humans, and that levels in milk are not higher in cows than inOur review also showed that FDA andnon-treated cows. Monsanto have appropriately withheld animal health data on but FDA has publicly disclosed the data it reviewed onwe found no evidence indicatinghuman food safety. that FDA or Monsanto engaged in manipulation or suppression of test data.As to public statements made by FDA officials regarding thesafety of and the likelihood of its approval, we conferredwith the Department of Health and Human Services', Office ofGeneral Counsel, violate law or regulations. However, we believe that FederalGovernment ...
Audit of Issues Related to the Food and Drug Administration Review of Bovine Somatotropin (A-15-90-00046)
James 0. Mason, M.D., Dr. P.H. Assistant Secretary for Health
The attached final audit report presents the results of ouraudit of the Food and Drug Administration A) review ofthe new animal drug bovine somatotropinWe conductedthis audit at the request of Congressman John D. Conyers, Jr.,Chairman, House Committee on Government Operations, who wascon d about: (1) dequate research on the human safetyof(2) levels of in milk from cows treated with thedrug: and (3) the possibility that FDA and MonsantoAgricultura pany (Monsanto),oneof the drugfirmsdevelopingwithheld, suppressed, and manipulated health-related data.
Our review focused on FDA's procedures in evaluating related data, relevant scie ic literature, the new animaldrug application files forand industry inspectionreports. We found th esearch has been conducted tonstrate both that is not harm s, and thatlevels in milk are not higher in cows than innon-treated cows. Our review also showed that FDA andanto have appropriately withheld animal health data onbut FDA has publicly disclosed the data it reviewed onhuman food safety.Furthre,we found no evidence indicatingFDA or Monsanto engaged in manipulation or suppression oftest data.
As to publ statementsmade by FDA officials regarding thesafety of and the likelihood of its approval, we conferredwith the Department of Health and Human Services', Office ofGeneral Counsel, and concluded that such statements did notviolate law or regulations.However, we believe that FederalGovernment officials should not publicly commentontheoutcome of thereview Therefore, weof a new animal drug.have recommended that the Commissioner of FDA develop policiesand procedures on the type of public statements that can be
Page 2 M.D.,James 0. Dr. P.H.made regardinga newanimaldrug undergoing review.The FDA concurred with this recommendation and indicated it would expand such policies to make them FDA-wide covering all of its processes.
In reviewing the concerns about we found no evidence thatwould lead o question FDA's review of the human safetyaspects ofsince FDA has not completed itsreview of all data required for the new animaldrug review process, particularly in the critical area ofanimal safety, it is not possible to determine the adequacy ofthe Agency's overall review at this time.We would appreciate being advised within 60 days on the statusof corrective action taken or planned on our recommendation.should you wish to discuss these issues, please contact me oryour staff may contact Daniel W. Blades, Assi rGeneral for Public Health Service Audits, at
Attachment
OFFICE OF INSPECTOR
OF ISSUES RELATED TO THE FOODANDDRUGADMINISTRATION REVIEW OFBOVINE
A-15-90-00046
To
DEPARTMENT OF HEALTH
Inspector General
HUMAN SERVICES
General
Audit of Issues Related to the Food and Drug Administration Review of Bovine Somatotropin (A-15-90-00046)
James 0. Mason, M.D., Dr. P.H. Assistant Secretary for Health
This final report provides you the results of our audit of issues related to the Food and Drug Administration's (FDA) review of the -be approved new animal drug bovine somatotropinThis audit was requested inMay 1990by Congressman John D. Conyers, Jr., Chairman, House Committee on Government Operations,who was concerned that:
little actu esearch exists on the human safetyaspects of
industry fil the milk of
high levels of are found in cows:
cri al research information regarding health effectsof on animals and humans has been withheld frompublic scrutiny by FDA and the Monsanto Agricult Company (Monsanto),one of the firms developing and
Monsanto and FDA have manipula essed animalhealth test data showing that cows sufferlow fertility rates,mastitis (inflammation of theudder), and other chronic defects.
Chairman Conyers raised these concerns after articles werepublished in the news media wh appeared to containconflicting information about For example, somearticles, a dairyspecifically those published in Milkweed,farmers' magazinesed confidential data submitted to FDA inorder to portray as having significant human and animalhealth risks.In contrast,other articles appearing innewspapers,trade magazines and scien c journals, containedstatements made by the developers of and FDA officialsimplying that the yet-to-be approved drug was safe and nearingapproval.the disparity in pub accounts raised hedChairmanp concerns about the review rocess.
Page 2James 0. Mason, M.D., Dr. P.H.Our review disclo that research was conducted todemonstrate that is not harmf and that levels in milk are not higher in cows than in treated cows. FDAOur review also showed that Monsanthave appropriately withheld animal health data on andthat FDA lawfully and publicly disclosed data it reviewed onhuman food safety. Further, we found no evidence indicatingthat FDA or Monsanto engaged in manipulation or suppression ofanimal health test data.However, during our audit work,we found that Monsanto haddisseminated pre-approval promotional mat ls which claimed,without supporting scientific data, safe andthat wasWe discl ureffective prior to FDA approval of the drug. findings on this issue in a May 1991 report entitled, for the Food and Drug Administration to Review PossibleImproper Pre-Approval Promotional Activities."Because approval promotion is contrary to Federal regulations,agreed with our finding and completed a review of the approval promotional rials of Monsanto and other groupsand determined thattype of regulatory action" wasrequired to ensure that Monsanto, the other three sponsors,and the Animal Health Institute (a trade group representingmanufacturers of veterinary drugs) conform to the regulations.The Committee was also concerned about pu statements madeby FDA officials regarding the safety of and thelikelihood of its approval. It appears that officials did notviolate any Federal law or regulation by making suchstatements; however, we believe that some of the statementsmade could have given the appe nce that FDA was prematurelypredicting the outcome of the review process.In reviewing Chairman rns conce we found no evidence that would lead to question review of the human safety aspects ofsince FDA has not completed its review of all data required for the new animal drug review process, particularly in the critical area ofanimalsafety,it is not possible to determine the adequacy of the Agency's overall review at this time.
BACKGROUND
the early Center for Veterinary MedicineDivision of Biometrics and Produc Drugs, located inRockville, Maryland, referred tohas eviewing alsoas bovine growth hormone Natural is a hormoneproduced by the pituitary gland of cows and helps to control
Page 3James 0. Mason, M.D., Dr. P.H.milk production. Using recombinant DNA technology', hasbeen artificially produced for injection into dairy cows toincrease their milk production. Four drug sponsors have filedapplications with CVM to conduct investigation and obtaincommercial approval for their formulations of which,according to CVM officials, is the first recombinantly derivedproduct to be reviewed by CVM.on 512 of the Feder d,Drug andCosmeticAct (the 21 U.S.C. sectionrequires any animal drug deemed a new drug to be approved by FDA as safe and effective before commercial marketing. Specific requirements for approval of new animal drug applications are set forth in section 512 of the Act and in 21 CFR 514. Federal regulations contained in sections 514.11 and 514.12 also require FDA to maintain the confidentiality of data contained in new animal drug application files undergoing Agency review. For a new animal drug such as to receive FDA approval, thesponsor is required to demonstrate in its new animal drugapplication that the drug is: (1) safe for humans who consumefood from animals treated with the drug: (2) safe for thetreated animal: (3) effective: (4) safe to the environment:and (5) capable of being properly manufactured.Early in the investigational stages of a new drug, a sponsorgenerally files with FDA an investigational new animal drugapplication to obtain authorization to conduct safety andeffectiveness studies. At the conclusion of these studies,the sponsor then submits data from these studies in its newanimal drug application. Section 512(j) of the Act and itsimplementing regulations enable FDA to authorize the marketingof edible products from animals used in investigational drugexperiments. Toobtain such authorization, the sponsor isrequired to show, among other things, that consumption of suchproducts is not inconsistent with the public health.Based onthe data provided by a sponsor, FDA determines a withdrawalperiod' which would be sufficient to prevent any harmfulresidues in the food products being consumed by the publicduring the investigational studies.The CVM completed its review of the sponsors tystudies in 1986, determining that the food from
'A technology to synthesize in the laboratory substancessuch as biological chemicals or new life forms.withdrawal period orhe milk disc t ard time is theinterval between the time of the last administration of the drugand the time when the animal can be safely slaughtered for foodor the milk can be safely consumed.
Page 4James 0. Mason, M.D., Dr. P.H.cows posed no risks to human health. It is continuing toreview the sponsors' data on animal safety, efficacy,environmental safety, and manufacturing processes. Once tareas are evaluated,CVM can determine whether to approve for commercial availability.The potential approval and expected commercialization of have been controversial, prompting conside ublic debateand congressional inquiries regarding the human andanimal safety. To address these concerns, Senator Patrick J.Leahy,Chairman, Committee on Agriculture, Nutrition andForestry,requested the National Institute; of Health (NIH) tosponsor a tech gy assessment conferenceon questions aboutthe safety of The conference was held in December 1990.A panel of 13 NIH physicians and knowledgeable professionals was selected.The panel mbers were chosen because of their independencefrom the controversyand their experience in such areas aspediatric medicine, toxicology, veterinary medicine, and dairyand food science. The panel was charged with reviewingscientific data and he evidenc the safety ofmilk and meat from cows and effect on thehealth of cows.Based on the data it reviewed, the panel concluded that(1) the composition and nutritional value of milk from treated cows is essentially t milk from untreatedcows; (2) milk and meat from cows are as safe asthose from untreated cows:and (3) does not administrationappear to affect appreciably the general health of dairy cows,but the evidence did not permit a conclusion regarding itseffect on the incidence of mastitis. The panel acknowledgedthat its assessment would not be the f statement on theissue because FDA continues to review data that were notavailable to the panel, particularly in the animal safetyarea.
NIH holds such conferences, usually referred to asconsensus development conferences, to examine topics related toemerging or established technologies which:(1) have publichealth importance:a controversy that could be clarified(2) have by the consensus approach:(3) have an adequately defined andavailable base of scientific information to answer previouslyposed questions and to resolve controversies: and (4) areamenable to clarification on technical grounds, not theimpressions or value judgments of the conference panelists. Anindependent panel of non-NIH professionals is assembled for theconference in order to give balanced, objective, andknowledgeable attention to the topic.
Page 5James 0. Mason, M.D., Dr. P.H.OBJECTIVES, SCOPE, AND METHODOLOGYtive of this review w respond to rmanconcerns related to review ofdetermine the adequac f human health studies of andaddress the issue of levels in milk, we:(1) analyzed thelaws, guidelines pertaining to human safetyregulations, andreviews of animal gs: (2) reviewed data from the studiesconducted ach sponsor and scientific literature on thetopic of effect on humans: (3) interviewed FDAscientific staff in CVM and the Center for Food Safety andApplied Nutrition;and (4 tended the NIH technologyassessment conference on
To determine if critical research information had beenimproperly withheld from public scrutiny by FDA and Monsanto,we analyzed the laws and regulations regarding publicdisclosure of data contained in applications filed by newanimal dr s A legal documents filedintheU.uSg.cpoounrstosrsp,ertaanidnirnegviteowesducFhDdisclosure.To determine if manipulation or improper suppression of animalhealth effects had occurred, we: (1) interviewed CVM malscientists and veterinarians who participated in the ap ation review;(2) examined FDA field inspection ortsof studies; (3) analyzed data files submitted by sponsors and aries of those files compiled by FDA staff:(4) reviewed animal health literature published byMonsanto-sponsored researchers in scientific journals: and(5) consulted with the Department of Health and HumanServices' (HHS), Office of General Counsel regarding thepropriety of c statements made by Department officials onthe issue of In August 1990, concerns,while reviewing Chairmanhis staff brought to our attention a matter related to theriety of Monsanto's pre-approval promotional marketing ofWe reviewed this issue and disclosed our results in aMay 1991 report, discussed further on page 11 of this report.
Our review was conducted at CVM office ille,Maryland,during the period from May in 1991,accordance with generally accepted Government auditingstandards.
RESEARCH CONCERNING THEHUMAN SAFETY OF BST
Chairman Conyers was concern hat little research existed onthe human safety aspects ofOur review disclosed thatresearch has been conducted to substanti cy'sdetermination that the milk and meat of cows are
Page 6James 0. Mason, M.D., Dr. P.H.safe for human consumption. Clearly, the Office of InspectorGeneral (OIG) can make no independent judgment as to thesufficiency of the scientific research. However, whilecritics continue to disagree about whether the research issufficient, the NIH technology assessment conference panelconcurred in FDA's determination. Following is a briefdescription of s f the research conducted on the issue ofhuman safety of
As part of the new animal drug application approval process,the drug sponsor must demonstrate to FDA that the food fromanimals treated w the drug is safe for humans. During themid-1980's,each spo r conducted rat feeding studieswhich demonstrated that would not be active when orallyingested, but rather would be degraded in the gastrointestinaltract like other oteins. The FDA itself also evaluated thehuman safety of relying on dat rom experimentsconducted in the showing that does not producegrowth when injected into children afflicted with humandwarfism.
By 1986, FDA bad concluded, based on its eva ion of thefour drug sponsors' human safety testing of and testconducted by other experts,that the milk and meat from treated cows were safe for human consumption and that nowithdrawal period between treatment and consumption wasrequired for investigational animals. Nevertheless,scientists within CVM continued to evaluate data that came tor attention regarding the human food safety aspects of
One area of specific concern was effects on theproduction of another growth factor, insulin-like growthfactor-I (IGF-I), which is found in cow's milk. In 1988,information became available to CVM indicating that human I and bovine IGF-I a identical. This finding led to thequestion of whether administration in cows could causehigher levels of IGF-I in milk and, in turn, promote growthactivity in humans.Thus, asked the sponsorsin May 1988, CVMfor IGF-I data.
According t M scientists who studied the human safetyaspects of the sponsors'studies demonstrated that IGF-Id not pose a problem for humans because: (1) IGF-I, likeis not orall rats: (2) the concentration ofIGF-I in milk of cows is within the normalphysiological range found in human breast milk; and (3) IGF-Iis rendered inactive under conditions used to process cow'smilk for infant formula.
tain critics have raised concern about pieces of the protein being absorbed from the digestive tract and having
Page 7 James 0. Mason, M.D., Dr. P.H.biological activity.particularThis has been cited with reference to newborns whose absorption of proteins may begreater than older children.The NIH panel,how ,refutedthis concern. IGF-IThe panel concluded that because andare digested in the gastrointestinal and are notabsorbed intact in the bloodstream, are not believed tohave biological significance when ingested."Regardinginfants,the panel stated that most are either breast fed orfed commercially prepared infant formulas that contain no morethan trace amounts of growth hormone or IGF-I.Some critics of have also questioned whether use willincrease the incidence of disease in treated cows, therebyrequiring greater use of drugs,whose residues may contaminatethe milk. Contributing to this a recent reportissued by the General Accounting Surveys NotAdequate to Demonstrate Safety of Milk Supply" (November1990)--which states that FDA does not have test methods todetect and confirm many drugs believed to be used in dairycows, and calls for a more thorough examination by FDA toidentify the types and amounts of animal drug residues thatmay be contaminating milk.The officials responsible for reviewing are aware ofthis issue and t us they are currently ana ng the dataprovided by the sponsors to determine if is associatedwith increased disease rates or increased duratdiseases.They further explained that CVM and Centerfor Food Safety and Applied Nutrition are in the process ofstudying the issue of residue detection in milk. The CVMofficials contend that the potential for animal drug residuesto contaminate sk affecting all milk produced, notjust milk from cows.BST LEVELS IN MILK IN BST-TREATEDcows vs. IN NON-TREATED COWSChairman Conyer s concerned that industry catehigh levels of are found in the milk of cows.NIH conference add sed this issue and determined thatconcentrat in the milk of cows treated with theusual doses of is no higher than the concentrationin untreated cows.“we found that there been confusion aboutDuring our au the level of in cows treated withThis confusion a data taken fromstemmed from a misunderstanding bout TheseMonsanto's confidential documents on file with FDA. data were subsequently published in a dairy farmers' magaziusi a ere that of levneglsitnitmlielkinpdriocdautciendgbtyhcvoawlsu.eswIn reality,
Page 8James 0. Mason,M.D.,Dr. P.H. however, that the tables weddocuments we reviewedcontained data on the level of in the cow's blood, not intheir milk.We discussed the i e of higher levels of in the blood ofcows treated with with CVM officials. that inedThey ehigh producing cows, those not treated with tend tohave higher levels of in th blood.Regarding therelationship between the cow's blood level and the milk itproduces,two non-FDA re mic scientists writing onthe safety of milk from c the Journal of theAmerican Medical Association , August 1990 edition,stated that:admin ation dairy cows, endogenousblood levels of (0 to may increase twofoldto eightfold above background. do notM levelsincrease proportionally since no receptors st onmammary g lls to facilitate transfer of fromblood to Thus, inour review indicated that concerns over levelsmilk were apparently generated by a mischaracterization ofdata on file at FDA. wing ected to resWe werethat while administration of increases a blood, the init does not appear to increase the level ofmilk. In ab this issue, CVMour discussions officials maint ed that even if levels in milk were toincrease after administration, manthis would not posesafety concern because of the evidence indicating that isinactive in humans.
THE WITHHOLDING OF CRITICAL RESEARCHRESULTS FROM PUBLIC SCRUTINYChairman Conyers was concerned that critical researchinformation regarding health effects on animals and humans hasbeen withheld from public scrutiny FDA and Monsanto. Ourreview disclosed that FDA and t sponsors haveappropriately withheld a on from the public, eventhough some itics of review process contend that theresults of tests should be publicized. The FDA isprohibited by Federal regulations from releasing anyinformation from its investigational and new animal drugapplication files without the sponsor's permission if thatinformation has not previously and lawfully been disclosed tothe public; however, in this case, the ncy released someinformati e permission of the sponsors. As tothe drugresponsibility for disclosing data, theyare required by regulation to submit all of the data fromtheir studies to FDA as part of the application reviewprocess.