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Kefauver–Harris Amendment

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Kefauver–Harris Amendment

The U.S. Kefauver–Harris Amendment, "Drug Efficacy Amendment," or Drug Amendments of 1962 is an amendment to the Federal Food, Drug, and Cosmetic Act. The amendments were designed to strengthen drug regulation in the United States due to the thalidomide tragedy, which demonstrated the risks of unsafe and ineffective medications. The law required drug manufacturers to prove drugs were safe and effective, expanded the Food and Drug Administration (FDA) oversight over drug manufacturers, and set rules for drug advertisements and labels to ensure public health safety. The bill underwent the legislative process of being amended and debated in Congress until the Drug Amendments of 1962 was signed into law by President John F. Kennedy on October 10, 1962.

Senator Estes Kefauver first gained interest in this legislation and had background knowledge in the issues in the pharmaceutical industry because he once was a member on the U.S. Senate and Antitrust Subcommittee, where his role was to oversee companies to ensure they weren't taking advantage of their consumers, such as by overcharging them. During his time in the U.S. Senate and Antitrust Subcommittee, it was known that pharmaceutical companies were overpricing their drugs, produced false advertisements, and the drug industry didn't have enough regulations.

The amendment was a response to the thalidomide tragedy, in which thousands of children were born with birth defects as a result of their mothers taking thalidomide for morning sickness during pregnancy. The bill by U.S. Senator Estes Kefauver, of Tennessee, and U.S. Representative Oren Harris, of Arkansas, required drug manufacturers to provide proof of the effectiveness and safety of their drugs before approval. The majority of the tragic birth defects that occurred were in other countries because Thalidomide had not been approved for use in the United States by the FDA at the time the tragedy came to light. However, samples were distributed to physicians in the US, and 17 birth defects were attributed to its use. It is entirely possible that the drug would have been approved for use in the United States if not for the efforts of the FDA drug reviewer, Dr. Frances Kelsey, who used strategic red tape in existing legislation to hinder the approval process.

It introduced a "proof-of-efficacy" requirement for the first time. In addition, the Amendment required drug advertising to disclose accurate information about side effects and efficacy of treatments. Finally, cheap generic drugs could no longer be marketed as expensive drugs under new trade names as new "breakthrough" medications.

Kefauver had been working for more than two years to get stronger drug regulations, but Congress had shown no interest. The major push for this legislation was the thalidomide tragedy, which major concern rose in mid-July of 1962.

These amendments were controversial where many opposed and support. For instance, some Senators opposed, such as Senator James O. Eastland because he believed that the amendments were restricting the drug industry and preventing drug manufacturers from helping Americans. Additionally, few doctors supported the amendments and hundreds of physicians had opposed the proposals of the amendments. Those who supported the bill included the public who was concerned about their safety and health, especially due to the thalidomide tragedy.

The amendments were first introduced as 87 H.R. 1235 in the House on January 3, 1961.

It wasn't until August 22, 1962 when the amendments were debated in the Senate. On the following day, August 23, 1962, they were debated, amended, and passed in the Senate.

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