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Food and Drug Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2003

Vanderbilt Journal of Transnational Law

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Full-Text Articles in Food and Drug Law

New Drug Research, The Extraterritorial Application Of Fda Regulations, And The Need For International Cooperation, William Dubois Jan 2003

New Drug Research, The Extraterritorial Application Of Fda Regulations, And The Need For International Cooperation, William Dubois

Vanderbilt Journal of Transnational Law

In recent years, U.S. pharmaceutical companies have expanded their new drug trials beyond the borders of the United States. While the companies have a variety of reasons for making this move, among them may be a desire to avoid Food and Drug Administration (FDA) regulation and monitoring. Lack of adequate supervision of drug trials conducted in the developing world endangers both the subjects of the tests and the consumers in the United States. It is unclear whether the FDA can execute regulatory and supervisory authority abroad. The FDA statute does not clearly authorize the agency to regulate extraterritorially. Applying the …