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== As FDA commissioner== == As FDA commissioner==
Dr. Ley found himself immediately enmeshed in controversy when the Fountain Committee (a ] hearing<ref> Page 13 . ]. Retrieved August 25, 2013.</ref>){{DL|date=December 2014}} criticized his ten month delay in removing mislabeled stocks of parenteral ] from the market. This experience strengthened his regulatory commitment. In light of recommendations made by the ] and ] in their drug efficacy review, Dr. Ley took a strong and unwavering stance against fixed ]s and ordered 49 off of the market. Ley also strongly castigated drug industry practices in general, warning them that "unless there is a major change in the drug industry emphasis on sales over safety, the industry as we know it today may well be buried within the next several years in a grave it has helped dig--inch by inch, overpromotion by overpromotion, bad drug by bad drug."<ref>About FDA/Commissioner's Page (Page Last Updated: 06/04/2009) . FDA. Retrieved August 25, 2013.</ref> Dr. Ley found himself immediately enmeshed in controversy when the Fountain Committee (a ] hearing<ref> Page 13 . ]. Retrieved August 25, 2013.</ref>) criticized his ten month delay in removing mislabeled stocks of parenteral ] from the market. This experience strengthened his regulatory commitment. In light of recommendations made by the ] and ] in their drug efficacy review, Dr. Ley took a strong and unwavering stance against fixed ]s and ordered 49 off of the market. Ley also strongly castigated drug industry practices in general, warning them that "unless there is a major change in the drug industry emphasis on sales over safety, the industry as we know it today may well be buried within the next several years in a grave it has helped dig--inch by inch, overpromotion by overpromotion, bad drug by bad drug."<ref>About FDA/Commissioner's Page (Page Last Updated: 06/04/2009) . FDA. Retrieved August 25, 2013.</ref>


During Ley's tenure, the FDA was admonished by consumer advocates, ] and its own parent agency, what was then the ]. Department Secretary ] accused the FDA in that period of "waffling" on assessments of potentially hazardous substances.<ref>Washington Post, Obituaries (August 16, 2001). . '']''. Retrieved August 25, 2013.</ref>
One major event was the controversy involving the drug company ] and their patented drug Panalba. Panalba was a combination of ], an inexpensive and effective generic drug, with novobiocin, a more toxic antibacterial with a different spectrum of activity. Although Upjohn had been marketing the drug for 7 years, they had not done any of the required studies on the efficacy of it, however, one study that showed Panalba to be no more effective than tetracycline and they moved to decertify it. Dr. Ley met tremendous opposition from Upjohn<ref>The FDA's History Office (December 15, 1999). Pages 17-19. ]. Retrieved August 25, 2013.</ref>

Employees of the FDA recognized the agency had problems. in July 1969, the FDA released the “Kinslow report”<ref>The FDA's History Office (September 16&18, 1982). "Kinslow report" discussed Pages 42-47. FDA. Retrieved August 27, 2013.</ref> commissioned by FDA commissioner Dr. Ley, the study concluded, “the American public’s principal consumer protection is provided by the food and drug administration, and we are currently not equipped to cope with the challenge”. In total, the panel submitted 45 recommendations to the commissioner. Dr. Ley did not have time to implement any suggestions.<ref>Jennifer ross-nazzal. page 226. ] History Division. Retrieved August 25, 2013</ref> The '']'' in January 1970 reported in an article that "the ] has done little to implement the report's suggestions, except to oust the man who set up the panel in the first place, Dr. Ley, Jr., and two of his top aides".<ref>Richard D. Lyons (January 4, 1970). . '']''. Retrieved August 25, 2013.</ref>

One major event was the controversy involving the drug company ] and their patented drug Panalba. Panalba was a combination of ], an inexpensive and effective generic drug, with an added, more toxic, compound. Although Upjohn had been marketing the drug for 7 years, they had not done any of the required studies on the efficacy of it, however, the FDA had done one study that showed Panalba to be no more effective than tetracycline and they moved to decertify it. Dr. Ley met tremendous opposition from Upjohn<ref>The FDA's History Office (December 15, 1999). Pages 17-19. ]. Retrieved August 25, 2013.</ref>

Another major event in October 1969, was the FDA's handling of tests on artificial sweeteners containing ], which an agency scientist said caused birth defects in chicken embryos. Rats given high doses also were found to develop bladder cancer. Cyclamates had been used for years but came under renewed scrutiny after a few human deaths related to the food additive. Dr. Ley, who eventually removed cyclamates from the list of ] (GRAS) ingredients, was criticized for the delay.<ref>Washington Post, Obituaries (August 16, 2001). . '']''. Retrieved August 25, 2013.</ref> According to Richard D. Lyons of the ] This controversy substantially contributed to the ousting of Dr.Ley as Commissioner<ref>RICHARD D. LYONS (September 19, 1970). . '']''. Retrieved August 25, 2013.</ref>

That public setback was compounded by testimony in 1969 before a ] in which Dr. Ley said that ] (MSG) was a safe flavor enhancer for processed baby food. Some studies showed MSG caused eye and brain damage in some animals. Afterward, consumer advocate ] said two of the four studies Ley cited did not exist and two others were preliminary. Ley said he made an "inexcusable" error, and leading manufacturers soon announced that they no longer would add MSG to baby food.<ref>Washington Post, Obituaries (August 16, 2001). . '']''. Retrieved August 25, 2013.</ref>

Due to the disputes centered in the FDA and a series of congressional hearings embarrassing to him on FDA's internal problems - ], the ], ordered a study of FDA by the Deputy Undersecretary of HEW ]. This report's conclusions were that the agency should be reorganized internally and raised in bureaucratic standing. In conjunction with these changes Finch announced on December 10, 1969 that he was replacing Ley and two top associates and named Dr. ] to the position of FDA commissioner.<ref>Jennifer ross-nazzal. page 226. ''] History Division''. Retrieved August 25, 2013.</ref><ref>Andrew Hamilton
(January 16, 1970). page 268. ''] Vol. 167 no. 3916 ''. Retrieved August 25, 2013.</ref>


In March 2003 Dr. ] who replaced Dr. Ley as Commissioner, was interviewed and told his story about his assumption of office. After accepting the Nixon administration’s offer to become FDA Commissioner, Edwards had planned initially to serve as an assistant to HEW Secretary Robert Finch for a short while, in order to get a sense of what was going on in FDA. But two days after he arrived in Washington, the newspapers leaked the story that Edwards would become the new Commissioner—prompting the current Commissioner, Herbert Ley, to resign. Finch then called Edwards and told him, “The job is yours.” Edwards went over to Ley’s office—the two men had never met—which had a long conference table with piles of neatly stacked papers. Edwards recalled: “I asked him what were the major problems of the agency. He pointed to the papers and said, ‘There they are.’ He tossed me a toy football and said, ‘The ball is in your court’”.<ref>Alex Gordon (April 29, 2003). footnote #26 . ''] DASH (Digital Access to Scholarship at Harvard)''. Retrieved August 26, 2013.</ref> In March 2003 Dr. ] who replaced Dr. Ley as Commissioner, was interviewed and told his story about his assumption of office. After accepting the Nixon administration’s offer to become FDA Commissioner, Edwards had planned initially to serve as an assistant to HEW Secretary Robert Finch for a short while, in order to get a sense of what was going on in FDA. But two days after he arrived in Washington, the newspapers leaked the story that Edwards would become the new Commissioner—prompting the current Commissioner, Herbert Ley, to resign. Finch then called Edwards and told him, “The job is yours.” Edwards went over to Ley’s office—the two men had never met—which had a long conference table with piles of neatly stacked papers. Edwards recalled: “I asked him what were the major problems of the agency. He pointed to the papers and said, ‘There they are.’ He tossed me a toy football and said, ‘The ball is in your court’”.<ref>Alex Gordon (April 29, 2003). footnote #26 . ''] DASH (Digital Access to Scholarship at Harvard)''. Retrieved August 26, 2013.</ref>


Dr. Ley was ousted from his Commissioner post on December 12, 1969, (a year and six months after his appointment)<ref>(December 12, 1969). . '']''. Retrieved August 25, 2013.</ref> Dr. Ley declined an offer to serve as Deputy Assistant Secretary for health research, development, and delivery services in ] (which he regarded as "exile in Siberia"<ref>The FDA's History Office (December 15, 1999). Page 24 . FDA. Retrieved September 2, 2013.</ref>) and resigned.<ref>About FDA/Commissioner's Page . FDA. Retrieved August 25, 2013.</ref> Dr. Ley denied being fired , telling reporters he preferred the phrase "eased out". Dr. Ley stated that companies had not pressured him regarding decisions about specific products during his tenure.<ref>Washington Post, Obituaries (August 16, 2001). . '']''. Retrieved August 25, 2013.</ref>In accepting Ley's resignation, Secretary of HEW Finch praised him as a "gifted scientist and a dedicated public servant," saying that he had "coped strenuously with an unwieldy agency".<ref>About FDA/Commissioner's Page (Page Last Updated: 06/04/2009) . FDA. Retrieved September 2, 2013.</ref> Dr. Ley was ousted from his Commissioner post on December 12, 1969, (a year and six months after his appointment)<ref>(December 12, 1969). . '']''. Retrieved August 25, 2013.</ref> Dr. Ley declined an offer to serve as Deputy Assistant Secretary for health research, development, and delivery services in ] (which he regarded as "exile in Siberia"<ref>The FDA's History Office (December 15, 1999). Page 24 . FDA. Retrieved September 2, 2013.</ref>) and resigned.<ref>About FDA/Commissioner's Page . FDA. Retrieved August 25, 2013.</ref> Dr. Ley denied being fired , telling reporters he preferred the phrase "eased out".<ref>Washington Post, Obituaries (August 16, 2001). . '']''. Retrieved August 25, 2013.</ref>In accepting Ley's resignation, Secretary of HEW Finch praised him as a "gifted scientist and a dedicated public servant," saying that he had "coped strenuously with an unwieldy agency".<ref>About FDA/Commissioner's Page (Page Last Updated: 06/04/2009) . FDA. Retrieved September 2, 2013.</ref>


In September 1982, interviewed for the oral history program of the FDA History Office,<ref>. FDA. Retrieved August 25, 2013.</ref> Maurice D. Kinslow, Chairman of the committee and author of the final draft of the July 1969 "Kinslow report" characterized Dr. Ley as Commissioner : "Since I reported to him as a District Director and subsequently took on the special assignment , I had a lot of personal contact with him. I found him to be a very honest, decent person to work for. I respect Herb Ley; he was very different that either ] or ] , but I'm convinced he was dedicated to the best interests of the American public. And indeed, I believe that he got into significant trouble during his last days in the agency during the fall of 1969, in connection with the banning of ] because he did what the Secretary told him to do (to not discuss the matter within the FDA). He was a good soldier."<ref>The FDA's History Office (September 16&18, 1982). Pages 52-54. FDA. Retrieved August 27, 2013.</ref> In September 1982, interviewed for the oral history program of the FDA History Office,<ref>. FDA. Retrieved August 25, 2013.</ref> Maurice D. Kinslow, Chairman of the committee and author of the final draft of the July 1969 "Kinslow report" characterized Dr. Ley as Commissioner : "Since I reported to him as a District Director and subsequently took on the special assignment , I had a lot of personal contact with him. I found him to be a very honest, decent person to work for. I respect Herb Ley; he was very different that either ] or ] , but I'm convinced he was dedicated to the best interests of the American public. And indeed, I believe that he got into significant trouble during his last days in the agency during the fall of 1969, in connection with the banning of ] because he did what the Secretary told him to do (to not discuss the matter within the FDA). He was a good soldier."<ref>The FDA's History Office (September 16&18, 1982). Pages 52-54. FDA. Retrieved August 27, 2013.</ref>


==After the FDA== ==After the FDA==
After his resignation, in an interview to the ''New York Times'', Dr. Ley warned the public about the FDA’s inability to safeguard consumers. People were being misled, he believed “The thing that bugs me is that the people think the FDA is protecting them - it isn’t. What the FDA is doing and what the public thinks it’s doing are as different as night and day,” he said. The agency, in his opinion, did not have the motivation to protect consumers, faced budget shortfalls, and lacked support from the ] . Dr. Ley was critical of Congress, the Administration and the drug industry, he stated that he had "constant, tremendous, sometimes unmerciful pressure" from the drug industry and that the drug company lobbyists, combined with the politicians who worked on behalf of their patrons, could bring “tremendous pressure” to bear on him and his staff, to try preventing FDA restrictions on their drugs. The interview concluded with Ley stating that the entire issue was about money, “pure and simple”. In response to Dr. Ley's comments, one of the representatives mentioned in Dr. Ley's comments stated that the dispute was "an extensive scientific controversy, involving a strong difference of opinion" and suggested that Ley was angry because his firm had "forced Ley to take cyclamates off the market", referring to the artificial sweetener cyclamate, which had been shown to cause cancer in laboratory animals. <ref>Jennifer ross-nazzal. page 226. ''] History Division''. Retrieved August 25, 2013.</ref><ref>Richard D. Lyons (December 31, 1969). . '']''. Retrieved August 25, 2013.</ref> After his resignation, in an interview to the ''New York Times'', Dr. Ley warned the public about the FDA’s inability to safeguard consumers. People were being misled, he believed “The thing that bugs me is that the people think the FDA is protecting them - it isn’t. What the FDA is doing and what the public thinks it’s doing are as different as night and day,” he said. The agency, in his opinion, did not have the motivation to protect consumers, faced budget shortfalls, and lacked support from the ] . Dr. Ley was critical of Congress, the Administration and the drug industry, he stated that he had "constant, tremendous, sometimes unmerciful pressure" from the drug industry and that the drug company lobbyists, combined with the politicians who worked on behalf of their patrons, could bring “tremendous pressure” to bear on him and his staff, to try preventing FDA restrictions on their drugs. The interview concluded with Ley stating that the entire issue was about money, “pure and simple”.<ref>Jennifer ross-nazzal. page 226. ''] History Division''. Retrieved August 25, 2013.</ref><ref>Richard D. Lyons (December 31, 1969). . '']''. Retrieved August 25, 2013.</ref>


Dr. Ley was included in the ].
In December 15, 1999, interviewed for the oral history program of the FDA History Office,<ref>. FDA. Retrieved August 25, 2013.</ref> Dr. Ley shared that from the first controversy in his tenure as FDA Commissioner he had a "gut feeling" that his life expectancy at the FDA was probably limited. He said he had done everything by the book, both in the FDA and the ], and he thinks that what the Administration was really wishing, was that he would stonewall the whole Academy report, because it was goring too many pharmaceutical companies. Regarding his inclusion on the ], Ley had stated: "I still don't know why I was included in that list. But I had very seriously offended someone in the Administration, and I have no idea who. I was, and still am, registered an ]. I'm neither a ] nor a ]. I have never participated in any ]. So I am at a loss to explain why this should be".<ref>The FDA's History Office (December 15, 1999). Page 19 & 25. FDA. Retrieved september 2, 2013.</ref>

In December 15, 1999, interviewed for the oral history program of the FDA History Office,<ref>. FDA. Retrieved August 25, 2013.</ref> Dr. Ley shared that from the first controversy in his tenure as FDA Commissioner he had a "gut feeling" that his life expectancy at the FDA was probably limited. He said he had done everything by the book, both in the FDA and the ], and he thinks that what the Administration was really wishing, was that he would stonewall the whole Academy report, because it was goring too many pharmaceutical companies. Regarding his inclusion on the ], Lay had stated: "I still don't know why I was included in that list. But I had very seriously offended someone in the Administration, and I have no idea who. I was, and still am, registered an ]. I'm neither a ] nor a ]. I have never participated in any ]. So I am at a loss to explain why this should be".<ref>The FDA's History Office (December 15, 1999). Page 19 & 25. FDA. Retrieved september 2, 2013.</ref>


Dr. Herbert L. Ley Jr died of cardiovascular disease on July 22, 2001 at his home in ]. He was 77. Survivors include two children from his first marriage, and a sister.<ref>Washington Post, Obituaries (August 16, 2001). . '']''. Retrieved August 25, 2013.</ref> Dr. Herbert L. Ley Jr died of cardiovascular disease on July 22, 2001 at his home in ]. He was 77. Survivors include two children from his first marriage, and a sister.<ref>Washington Post, Obituaries (August 16, 2001). . '']''. Retrieved August 25, 2013.</ref>

=="The thing that bugs me" quote==
Dr. Ley's post resignation ''New York Times'' interview statement “The thing that bugs me is that the people think the FDA is protecting them - it isn’t. What the FDA is doing and what the public thinks it’s doing are as different as night and day,” has been quoted many times usually by alternative health promoters and critics of the medical establishment<ref>Warner Melanie, New York Times (August 28, 2005). "Critics contend Trudeau's book is misleading. The New York Consumer Protection Board noted this month that Herbert Ley, who is quoted in a promotional blurb, never read the book; he died in 2001. Ley, a commissioner for the Food and Drug Administration in the 1960s, made the quoted comment in the 1970s, and his name is misspelled on the book jacket". '']''. Retrieved August 24, 2013.</ref><ref>JOEL M. KAUFFMAN (August 16, 2001) "...Chapter 9 . The Attack Dog : The Role of the FDA. “ ‘ The thing that bugs me is that the people think the FDA is protecting them. It isn’t. What the FDA is doing and what the public thinks it’s doing are as different as night and day.’— Dr. Herbert Ley, Former FDA Commissioner, 1970. ” Specific examples are
given in great detail of the problems in the FDA..." page 154. ''] Reviews''. Retrieved August 26, 2013.</ref>

Dr. Ley was interviewed at his home by the ''New York Times'' journalist Richard D. Lyons. The interview was published in the New York Times on December 31, 1969.<ref>Jennifer ross-nazzal. page 226. ''] History Division''. Retrieved August 25, 2013.</ref><ref>Richard D. Lyons (December 31, 1969). . '']''. Retrieved August 25, 2013.</ref>
But purportedly was also published in the '']'' January 2, 1970.<ref>Wade Frazier Footnote #149. ''ahealedplanet.net''. Retrieved August 26, 2013.</ref> Most quoters seem to associate Dr. Ley's statement with the San Francisco Chronicle.<ref>U.S. Government Printing Office (January 1, 1997). page 17. '']''. Retrieved August 26, 2013.</ref><ref>] (October 1, 2008). "... Dr. Herbert Lay resigned and told the San Francisco Chronicle, "The thing that bugs me is that people think the FDA is protecting them. It isn't. What the FDA is doing and what the public thinks it's doing are as different as night and day" (January 2, 1970)...." '']''. Retrieved August 26, 2013.</ref>


==References== ==References==

Revision as of 07:58, 2 March 2015

Herbert Ley
Commissioner of Food and Drugs
In office
July 1, 1968 – December 12, 1969
PresidentLyndon B. Johnson
Preceded byJames Lee Goddard
Succeeded byCharles C. Edwards
Personal details
BornSeptember 7, 1923
Columbus, Ohio, U.S.
DiedJuly 22, 2001 (age 77)
Rockville, Maryland
Political partyIndependent
Children2
Alma materHarvard University

Herbert Leonard Ley, Jr. (September 7, 1923 – July 22, 2001) was an American physician and the 9th Commissioner and head of the U.S. Food and Drug Administration (FDA).

Background

Dr. Ley attended Harvard College from 1941-1943, and returned there after World War II, where he received his M.D. degree, cum laude, in 1946. In 1951, he earned an Master of Public Health degree from the Harvard School of Public Health. From 1951 until 1958, he worked with the Army Medical Service Graduate School in rickettsial disease research, the Office of the Surgeon General, and as an epidemiologist in Korea and Vietnam.

In 1958, he accepted a position as Professor of Bacteriology and Chairman of the Department of Bacteriology, Hygiene, and Preventive Medicine at George Washington University. In 1963, he was appointed Associate Professor of Epidemiology and Microbiology at the Harvard School of Public Health, and became chairman of the Department in 1964. In September 1966, Ley took a leave of absence from his position to become director of the Bureau of Medicine of the Food and Drug Administration .On July 1, 1968 he was appointed Commissioner of the Food and Drug Administration by President Lyndon B. Johnson.

As FDA commissioner

Dr. Ley found himself immediately enmeshed in controversy when the Fountain Committee (a House of Representatives committee hearing) criticized his ten month delay in removing mislabeled stocks of parenteral chloramphenicol from the market. This experience strengthened his regulatory commitment. In light of recommendations made by the National Academy of Sciences and National Research Council in their drug efficacy review, Dr. Ley took a strong and unwavering stance against fixed combination drugs and ordered 49 off of the market. Ley also strongly castigated drug industry practices in general, warning them that "unless there is a major change in the drug industry emphasis on sales over safety, the industry as we know it today may well be buried within the next several years in a grave it has helped dig--inch by inch, overpromotion by overpromotion, bad drug by bad drug."

During Ley's tenure, the FDA was admonished by consumer advocates, congressional committees and its own parent agency, what was then the Department of Health, Education and Welfare. Department Secretary Robert Finch accused the FDA in that period of "waffling" on assessments of potentially hazardous substances.

Employees of the FDA recognized the agency had problems. in July 1969, the FDA released the “Kinslow report” commissioned by FDA commissioner Dr. Ley, the study concluded, “the American public’s principal consumer protection is provided by the food and drug administration, and we are currently not equipped to cope with the challenge”. In total, the panel submitted 45 recommendations to the commissioner. Dr. Ley did not have time to implement any suggestions. The New York Times in January 1970 reported in an article that "the HEW has done little to implement the report's suggestions, except to oust the man who set up the panel in the first place, Dr. Ley, Jr., and two of his top aides".

One major event was the controversy involving the drug company Upjohn and their patented drug Panalba. Panalba was a combination of tetracycline, an inexpensive and effective generic drug, with an added, more toxic, compound. Although Upjohn had been marketing the drug for 7 years, they had not done any of the required studies on the efficacy of it, however, the FDA had done one study that showed Panalba to be no more effective than tetracycline and they moved to decertify it. Dr. Ley met tremendous opposition from Upjohn

Another major event in October 1969, was the FDA's handling of tests on artificial sweeteners containing cyclamates, which an agency scientist said caused birth defects in chicken embryos. Rats given high doses also were found to develop bladder cancer. Cyclamates had been used for years but came under renewed scrutiny after a few human deaths related to the food additive. Dr. Ley, who eventually removed cyclamates from the list of Generally recognized as safe (GRAS) ingredients, was criticized for the delay. According to Richard D. Lyons of the New York Times This controversy substantially contributed to the ousting of Dr.Ley as Commissioner

That public setback was compounded by testimony in 1969 before a Senate select committee on nutrition in which Dr. Ley said that monosodium glutamate (MSG) was a safe flavor enhancer for processed baby food. Some studies showed MSG caused eye and brain damage in some animals. Afterward, consumer advocate Ralph Nader said two of the four studies Ley cited did not exist and two others were preliminary. Ley said he made an "inexcusable" error, and leading manufacturers soon announced that they no longer would add MSG to baby food.

Due to the disputes centered in the FDA and a series of congressional hearings embarrassing to him on FDA's internal problems - Robert H. Finch, the Secretary of Health, Education, and Welfare, ordered a study of FDA by the Deputy Undersecretary of HEW Frederic V. Malek. This report's conclusions were that the agency should be reorganized internally and raised in bureaucratic standing. In conjunction with these changes Finch announced on December 10, 1969 that he was replacing Ley and two top associates and named Dr. Charles C. Edwards to the position of FDA commissioner.

In March 2003 Dr. Charles C. Edwards who replaced Dr. Ley as Commissioner, was interviewed and told his story about his assumption of office. After accepting the Nixon administration’s offer to become FDA Commissioner, Edwards had planned initially to serve as an assistant to HEW Secretary Robert Finch for a short while, in order to get a sense of what was going on in FDA. But two days after he arrived in Washington, the newspapers leaked the story that Edwards would become the new Commissioner—prompting the current Commissioner, Herbert Ley, to resign. Finch then called Edwards and told him, “The job is yours.” Edwards went over to Ley’s office—the two men had never met—which had a long conference table with piles of neatly stacked papers. Edwards recalled: “I asked him what were the major problems of the agency. He pointed to the papers and said, ‘There they are.’ He tossed me a toy football and said, ‘The ball is in your court’”.

Dr. Ley was ousted from his Commissioner post on December 12, 1969, (a year and six months after his appointment) Dr. Ley declined an offer to serve as Deputy Assistant Secretary for health research, development, and delivery services in United States Department of Health and Human Services (which he regarded as "exile in Siberia") and resigned. Dr. Ley denied being fired , telling reporters he preferred the phrase "eased out".In accepting Ley's resignation, Secretary of HEW Finch praised him as a "gifted scientist and a dedicated public servant," saying that he had "coped strenuously with an unwieldy agency".

In September 1982, interviewed for the oral history program of the FDA History Office, Maurice D. Kinslow, Chairman of the committee and author of the final draft of the July 1969 "Kinslow report" characterized Dr. Ley as Commissioner : "Since I reported to him as a District Director and subsequently took on the special assignment , I had a lot of personal contact with him. I found him to be a very honest, decent person to work for. I respect Herb Ley; he was very different that either George P. Larrick or James Lee Goddard , but I'm convinced he was dedicated to the best interests of the American public. And indeed, I believe that he got into significant trouble during his last days in the agency during the fall of 1969, in connection with the banning of cyclamates because he did what the Secretary told him to do (to not discuss the matter within the FDA). He was a good soldier."

After the FDA

After his resignation, in an interview to the New York Times, Dr. Ley warned the public about the FDA’s inability to safeguard consumers. People were being misled, he believed “The thing that bugs me is that the people think the FDA is protecting them - it isn’t. What the FDA is doing and what the public thinks it’s doing are as different as night and day,” he said. The agency, in his opinion, did not have the motivation to protect consumers, faced budget shortfalls, and lacked support from the Department of Health,Education, and Welfare . Dr. Ley was critical of Congress, the Administration and the drug industry, he stated that he had "constant, tremendous, sometimes unmerciful pressure" from the drug industry and that the drug company lobbyists, combined with the politicians who worked on behalf of their patrons, could bring “tremendous pressure” to bear on him and his staff, to try preventing FDA restrictions on their drugs. The interview concluded with Ley stating that the entire issue was about money, “pure and simple”.

Dr. Ley was included in the master list of Nixon political opponents.

In December 15, 1999, interviewed for the oral history program of the FDA History Office, Dr. Ley shared that from the first controversy in his tenure as FDA Commissioner he had a "gut feeling" that his life expectancy at the FDA was probably limited. He said he had done everything by the book, both in the FDA and the Department of Health,Education, and Welfare, and he thinks that what the Administration was really wishing, was that he would stonewall the whole Academy report, because it was goring too many pharmaceutical companies. Regarding his inclusion on the master list of Nixon political opponents, Lay had stated: "I still don't know why I was included in that list. But I had very seriously offended someone in the Administration, and I have no idea who. I was, and still am, registered an Independent. I'm neither a Republican nor a Democrat. I have never participated in any political action group. So I am at a loss to explain why this should be".

Dr. Herbert L. Ley Jr died of cardiovascular disease on July 22, 2001 at his home in Rockville, Maryland. He was 77. Survivors include two children from his first marriage, and a sister.

"The thing that bugs me" quote

Dr. Ley's post resignation New York Times interview statement “The thing that bugs me is that the people think the FDA is protecting them - it isn’t. What the FDA is doing and what the public thinks it’s doing are as different as night and day,” has been quoted many times usually by alternative health promoters and critics of the medical establishment

Dr. Ley was interviewed at his home by the New York Times journalist Richard D. Lyons. The interview was published in the New York Times on December 31, 1969. But purportedly was also published in the San Francisco Chronicle January 2, 1970. Most quoters seem to associate Dr. Ley's statement with the San Francisco Chronicle.

References

  1. The FDA's History Office (December 15, 1999). Oral history of the U.S Food and Drug Administration - Herbert L. Ley M.D. Page 25. Food and Drug Administration. Retrieved september 2, 2013.
  2. About FDA/Commissioner's Page (Page Last Updated: 06/04/2009) Herbert Ley Jr., M.D. 7/1/1968 - 12/12/1969 Biography. Food and Drug Administration Retrieved August 25, 2013.
  3. (June 07, 1968). NEW HEAD OF F.D.A. IS NAMED BY COHEH; Dr. Ley to Succeed Goddard -- 3 Other Posts Filled"... Dr. Herbert L. Ley Jr., director of the Food and Drug Administration's Bureau of Medicine since 1966.." . New York Times. Retrieved August 25, 2013.
  4. National Service Center for Environmental Publications Page 13 . Environmental Protection Agency. Retrieved August 25, 2013.
  5. About FDA/Commissioner's Page (Page Last Updated: 06/04/2009) Herbert Ley Jr., M.D. 7/1/1968 - 12/12/1969 Biography . FDA. Retrieved August 25, 2013.
  6. Washington Post, Obituaries (August 16, 2001). Herbert L. Ley Jr; Headed FDA in '60s. Los Angeles Times. Retrieved August 25, 2013.
  7. The FDA's History Office (September 16&18, 1982). Oral history of the U.S Food and Drug Administration - Maurice D. Kinslow, Director, Region IV, U.S. Food and Drug Administration "Kinslow report" discussed Pages 42-47. FDA. Retrieved August 27, 2013.
  8. Jennifer ross-nazzal. “From Farm to Fork”: How Space Food Standards Impacted the Food Industry and Changed Food Safety Standards page 226. NASA History Division. Retrieved August 25, 2013
  9. Richard D. Lyons (January 4, 1970). Medicine; Trouble Over Drubs on the Market. New York Times. Retrieved August 25, 2013.
  10. The FDA's History Office (December 15, 1999). Oral history of the U.S Food and Drug Administration - Herbert L. Ley M.D. Pages 17-19. Food and Drug Administration. Retrieved August 25, 2013.
  11. Washington Post, Obituaries (August 16, 2001). Herbert L. Ley Jr; Headed FDA in '60s. Los Angeles Times. Retrieved August 25, 2013.
  12. RICHARD D. LYONS (September 19, 1970). F.D.A. Is Weighing Curbs on Saccharin . New York Times. Retrieved August 25, 2013.
  13. Washington Post, Obituaries (August 16, 2001). Herbert L. Ley Jr; Headed FDA in '60s. Los Angeles Times. Retrieved August 25, 2013.
  14. Jennifer ross-nazzal. “From Farm to Fork”: How Space Food Standards Impacted the Food Industry and Changed Food Safety Standards page 226. NASA History Division. Retrieved August 25, 2013.
  15. Andrew Hamilton (January 16, 1970). FDA: New Pressures, Old Habits Bring a Change at the Top page 268. Science (journal) Vol. 167 no. 3916 . Retrieved August 25, 2013.
  16. Alex Gordon (April 29, 2003). The Delicate Dance of Immersion and Insulation: The Politicization of the FDA Commissioner footnote #26 . Harvard University DASH (Digital Access to Scholarship at Harvard). Retrieved August 26, 2013.
  17. (December 12, 1969). DR. LEY LEAVING U.S. SERVICE TODAY; Ousted F.D.A. Commissioner Rejects Offer to Remain in New Government Post. New York Times. Retrieved August 25, 2013.
  18. The FDA's History Office (December 15, 1999). Oral history of the U.S Food and Drug Administration - Herbert L. Ley M.D. Page 24 . FDA. Retrieved September 2, 2013.
  19. About FDA/Commissioner's Page Herbert Ley Jr., M.D. 7/1/1968 - 12/12/1969 Biography. FDA. Retrieved August 25, 2013.
  20. Washington Post, Obituaries (August 16, 2001). Herbert L. Ley Jr; Headed FDA in '60s. Los Angeles Times. Retrieved August 25, 2013.
  21. About FDA/Commissioner's Page (Page Last Updated: 06/04/2009) Herbert Ley Jr., M.D. 7/1/1968 - 12/12/1969 Biography. FDA. Retrieved September 2, 2013.
  22. Oral Histories. FDA. Retrieved August 25, 2013.
  23. The FDA's History Office (September 16&18, 1982). Oral history of the U.S Food and Drug Administration - Maurice D. Kinslow, Director, Region IV, U.S. Food and Drug Administration Pages 52-54. FDA. Retrieved August 27, 2013.
  24. Jennifer ross-nazzal. “From Farm to Fork”: How Space Food Standards Impacted the Food Industry and Changed Food Safety Standards page 226. NASA History Division. Retrieved August 25, 2013.
  25. Richard D. Lyons (December 31, 1969). Ousted F.D.A. Chief Charges 'Pressure' From Drug Industry . New York Times. Retrieved August 25, 2013.
  26. Oral Histories. FDA. Retrieved August 25, 2013.
  27. The FDA's History Office (December 15, 1999). Oral history of the U.S Food and Drug Administration - Herbert L. Ley M.D. Page 19 & 25. FDA. Retrieved september 2, 2013.
  28. Washington Post, Obituaries (August 16, 2001). Herbert L. Ley Jr; Headed FDA in '60s. Los Angeles Times. Retrieved August 25, 2013.
  29. Warner Melanie, New York Times (August 28, 2005). Ex-con hits pay dirt with best-selling cure-all book / Critics say many of author's claims are misleading "Critics contend Trudeau's book is misleading. The New York Consumer Protection Board noted this month that Herbert Ley, who is quoted in a promotional blurb, never read the book; he died in 2001. Ley, a commissioner for the Food and Drug Administration in the 1960s, made the quoted comment in the 1970s, and his name is misspelled on the book jacket". San Francisco Chronicle. Retrieved August 24, 2013.
  30. JOEL M. KAUFFMAN (August 16, 2001) "Racketeering in Medicine,The Suppression of Alternatives" - Book Review "...Chapter 9 . The Attack Dog : The Role of the FDA. “ ‘ The thing that bugs me is that the people think the FDA is protecting them. It isn’t. What the FDA is doing and what the public thinks it’s doing are as different as night and day.’— Dr. Herbert Ley, Former FDA Commissioner, 1970. ” Specific examples are given in great detail of the problems in the FDA..." page 154. Journal of Scientific Exploration Reviews. Retrieved August 26, 2013.
  31. Jennifer ross-nazzal. “From Farm to Fork”: How Space Food Standards Impacted the Food Industry and Changed Food Safety Standards page 226. NASA History Division. Retrieved August 25, 2013.
  32. Richard D. Lyons (December 31, 1969). Ousted F.D.A. Chief Charges 'Pressure' From Drug Industry . New York Times. Retrieved August 25, 2013.
  33. Wade Frazier The Medical Racket Footnote #149. ahealedplanet.net. Retrieved August 26, 2013.
  34. U.S. Government Printing Office (January 1, 1997). Creating an Employer-Friendly Regulatory System: Hearing Before the Subcommittee on National Economic Growth, Natural Resources, and Regulatory Affairs of the Committee on Government Reform and Oversight, House of Representatives, One Hundred Fourth Congress, Second Session, April 2, 1996 page 17. Google Books. Retrieved August 26, 2013.
  35. Deirdre Imus (October 1, 2008). FDA: Another Government Regulatory Disaster -- II of III "... Dr. Herbert Lay resigned and told the San Francisco Chronicle, "The thing that bugs me is that people think the FDA is protecting them. It isn't. What the FDA is doing and what the public thinks it's doing are as different as night and day" (January 2, 1970)...." The Huffington Post. Retrieved August 26, 2013.

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