Posts Tagged ‘FDA’

FDA: Your Body is a Drug and We want to Regulate It

Thursday, February 2nd, 2012

fda body drugERRATUM: Many news sites and blogs have been misreporting that FDA wants to regulate our Regenexx-SD treatment, this is not the case. The issues over stem cells=drugs are with the Regenexx-C Treatment (now in the Cayman Islands)

As many of our followers know, we’ve been engaged in a David and Goliath struggle over a basic civil right-who gets to regulate your body. Most of us, when posed this question, would say that the answer is clear, our body is ours to regulate. However, not according to the FDA, which in court documents has now said that since it regulates chemical drugs, and since all living things produce chemicals, then all living things fall under FDA jurisdiction (there’s an excellent legal review of the background issues leading up to that point by KL Gates). This nutty statement by FDA came in recent court filings in response to a judge’s order slapped on the agency in our landmark case. The judge pointed out that congress only authorized FDA to consider chemicals which had “chemical action” as a drug. The judge also asked the obvious question, how do you get from chemicals=drugs to cells=drugs? She gave the FDA 30 days to respond and denied their motions. Well the response is epic in it’s hubris and concerning for every American who considers their body not to be an FDA regulated drug factory. In FDA’s response back to the judge, their own internal expert responded with, “When living cells interact with their environment to mediate repair of and/or regenerate damaged tissue, they do so by chemical action.” So here’s the agency’s logical fallacy:

-Congress said chemicals=drugs

-All cells produce chemicals

-Hence cells=drugs

??? If you think I’m kidding, check out these recent letters by the agency that fat processed at the bedside to obtain stem cells is a drug (here and here). This “interesting” assertion in our case is now making it’s way around the internet (see Gizmodo, SlashGear, Alliance for Natural Health, The Blaze, The Examiner, OzHouse, Attack Machine). My favorite comment on the topic is by a non-US citizen discussing the SlashGear story:

Hahaha, you Americans always provide us with the best jokes. Pizza is a vegetable and the human body is a drug, well played sir!

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Dr. Centeno to Speak at TERMIS meeting in Orlando

Thursday, September 30th, 2010

Dr. Centeno’s abstract was accepted for a presentation in front of the Tissue Engineering and Regenerative Medicine Society in Orlando In December. The Topic will be a scientific risk analysis of FDA Regulation of Autologous Stem Cells.

Submitted Abstract is below:

Should Autologous Stem Cells be Regulated the same as Mass produced Drugs?

Christopher J. Centeno, M.D.

Adult autologous stem cells (A-ASC’s) show great promise in research and early pre-clinical/clinical use.  These cells have the potential to revolutionize medicine by differentiating into repair tissues or exerting paracrine effects to assist in tissue healing.[1]  In 2005, the FDA dramatically, and quietly, changed its regulatory approach with potential to upset the “great wall” between medical practice and mass drug production.  In this year, the agency  made changes to the 361 Public Health Service act to classify certain A-ASC’s (based on more than minimal processing) as a biologic drugs requiring pre-market, federal approval before use for sale in interstate commerce.[2]  Before 2005, this drug production status could have only applied to allogeneic tissues (i.e. cells that were mass produced in a vials for mass distribution).  After 2005, this was applied to all human tissue.  Since that time the agency has clarified that it considers “more than minimally manipulated” autologous tissue and cells to be biologic drugs.  The agency now applies this same rule equally to autologous stem cell processing centers participating in interstate commerce as well as medical practices using autologous stem cells as part of one medical practice.

The agency has traditionally gone to great lengths to differentiate one on one medical care risks (over which it has no authority) from one on many drug and device production risks (it’s congressional mandate).  However, after this subtle change in its regulations, the agency drew a regulatory, public health risk line through a one on one autologous tissue risk for the first time.  For example, instead of only claiming authority over mass produced donor cells in a vial, the agency asserted authority over the re-implantation of the patient’s own tissue.

This wall between the agency and the practice of medicine has been defined by many court cases, but the case the agency brought against an Alabama physician (United States v. Evers) is illustrative.  In this case, Dr. Evers was prosecuted by the government for using prescription drugs off label.  The judge sided with Dr. Evers and explained why the FDA should not interfere with the practice of medicine.  For example, the Court noted that a drug’s package insert is not the most up-to-date information on the drug’s uses.  New uses are often discovered, reported through medical journals or seminars, and may become widely used in the medical profession; however, the drug manufacturer may not have sufficient financial or other interests to pursue FDA approval for the new uses.  Further, if a doctor must prescribe and treat only within “federally sanctioned” methods, this would result in medical stagnation at the best, as physicians await drug manufacturers’ initiative and FDA approval.[3]  The court reasoned, “A free, progressive society has an enormous stake in recognizing and protecting this right of the physician.”

The best everyday example of the line FDA has drawn between one on one medical care risks and one on many public health risks, is how it currently handles compounded pharmaceuticals.[4]  In the Compliance Policy Guideline for compounding pharmacies, the agency states that since it doesn’t regulate the practice of medicine or pharmacy, that it will only attempt to interfere in this relationship if a pharmacy is compounding drugs in advance of receiving a prescription, manufacturing on a commercial scale, or compounding drugs for resellers or for wholesale use.  In essence, the FDA will only intervene if the pharmacy crosses the line and departs from filing a single patient’s prescription and starts mass manufacturing of lots of drugs.  However, the agency has not shown the same digression in its regulatory framework for autologous cell therapy and this marks a stark change in agency policy toward physicians.  Since A-ASC’s used as part of a physician’s practice can only represent a one on one medical care risk because they are derived from the same patient in which they will be re-implanted, FDA, has now drawn the risk line through this one on one medical care risk and assigned it a mass production, public health risk status.  This is despite rrecent publication on autologous stem cell treatment risks shows these risks to be substantially less than traditional one on one surgical care.[5]

In summary, the assertion by FDA that certain processing steps for autologous stem cells turns those cells into a one on many drug production risk is not supported by an additional public health impact beyond any other one on one medical care risk.  Furthermore, the agency’s decision to insert itself into the practice of medicine by drawing a line through one procedure, sets an interesting precedent.  Where does this line get moved to in the future?  Do certain compounded drugs get assigned a drug manufacture risk?  Certain fertility procedures?  Certain high risk surgeries?  Certain high risk surgeries involving cells?

1.            Alhadlaq, A. and J.J. Mao, Mesenchymal stem cells: isolation and therapeutics. Stem Cells Dev, 2004. 13(4): p. 436-48.

2.            Halme, D.G. and D.A. Kessler, FDA regulation of stem-cell-based therapies. N Engl J Med, 2006. 355(16): p. 1730-5.

3.            People v. Privitera. California Reporter, 1977. 141: p. 764-774.

4.            USFDA, Pharmacy Compounding-Compliance Policy Guideline 460.200. Federal Register, Jun 7 2002. 67.

5.            Centeno, C.J., et al., Safety and complications reporting on the re-implantation of culture-expanded mesenchymal stem cells using autologous platelet lysate technique. Curr Stem Cell Res Ther, 2010. 5(1): p. 81-93.

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Are Stem Cells Body Parts or Drugs? -Doctors and Healthcare Providers Weigh In

Monday, August 23rd, 2010

Great poll results on the pivotal question of if the patent’s stem cells are drugs.  This was conducted by MedPageToday.com during the week of 8/20/2010.  See http://www.medpagetoday.com/Surveys/–click “Past Surveys”.

Should the FDA determine use of your stem cells?

Recently the FDA asked a federal court to stop a Colorado company from offering an autologous stem cell therapy for arthritic knees and other orthopedic problems.

Should the FDA have a role in regulating autologous transplants:?

Looks like the No’s have it-69% to 31% with 1166 votes.  This site is primarily physicians and health care providers.  Obviously, this poll is about our cultured stem cell procedure which we have decided to stop for now pending the outcome of our landmark case, not Regenexx-SD-which is not impacted by the FDA dispute.

Moral of the story?  Health care providers and interested parties made a strong statement to FDA: “Stay out of my clinical practice and my patent’s stem cells are not drugs.”

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Stem cell ‘pharmacies’ predicted

Monday, July 12th, 2010

Interesting article this am out of the U.K.  A stem cell researcher predicts that we will see “stem cell pharmacies” in 20 years time, with banks of stem cells and doctors prescribing various cells for various conditions.  What’s fascinating to us is that this sounds very similar to the “practice of medicine” argument being made by ICMS, namely that a doctor’s use of stem cells in his or her medical practice represents a “one on one” medical risk no different than any other surgical procedure and specifically does not trigger drug mass manufacturing regulations.  Already, tens of thousands of compounding pharmacies exist throughout the US that allow doctors to order any compound (FDA approved or not) to treat one patient.  Is this where autologous stem cell therapy is heading?  Compounding pharmacies for stem cells?  Physician run labs for stem cells?  Either way, it’s an interesting comment by a stem cell researcher that may predict what’s coming.

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Regenexx Procedure Featured on Singularity Hub

Wednesday, March 10th, 2010

singularity hub blog blogging

Was interviewed by a blogger for Singularity Hub, a futurist web-site I assume named after Ray Kurzweil’s book, “The Singularity is Near”.  The Regenexx procedure was featured with an interesting debate on the site about the practice of medicine vs. interstate drug production.  Not sure I like the title of the article or everything about it, but the writer ended up I think with with a balanced look at the procedure as well as the regulatory environment.  Link is above…

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Regenexx in Latin America

Friday, October 23rd, 2009

south america pic

Regenerative Sciences is proud to announce it’s licensing agreement with industry leader Stematix to bring the Regenexx procedure to various parts of Latin America.  From the press release:

David C. Bonner, Ph.D., Chairman and CEO of Stematix, said, “We at Stematix are excited to be working with Regenexx, the leaders in applied regenerative medicine for orthopedics. We anticipate that this cutting edge, proven treatment will provide needed care for many patients in clinics established in Latin America. We are working toward a first clinic in Argentina during 2010. The expertise and experience of Dr. Centeno and Dr. Schulz will be invaluable in establishing our clinic in Argentina, and we look forward to incorporating advances in the treatment methodology that the Regenexx clinic in Denver will lead. “

Dr. Centeno said, “I look forward to working with Stematix and their team to bring Regenerative Science’s important stem cell innovations to a worldwide audience of doctors and patients. I’m especially excited about Stematix’s relationships and its expanding presence in Latin America.”

We’re excited to teach our stem cell based procedure to South American physicians, beginning in Argentina and expanding into the rest of Latin America.  Ole!

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Your Stem Cells and Breakfast Cereal are a Drug…

Wednesday, May 13th, 2009

cherrios-fda-drug

The FDA announced yesterday, with much fanfare, that your breakfast cereal will now be treated as a drug, with the FDA monitoring it’s claim that it can lower your cholesterol.  At first I thought this was a story out of the Onion, but it’s real.  This of course makes about as much sense as your stem cells are a drug, but heck, once we get past the patent’s own stem cells, and our breakfast cereal, I think anything’s fair game.  What’s next?  Fertilized embryos?  How about dress socks?  Maybe the veins harvested for bypass surgery?  That is the issue.  At what point does the “we declare it a drug because we said so” game actually stop?

I do like the comment of one blogger that I’ll repeat here: “Why stop there?  It can be clinically proven that food is the only cure for death by starvation, therefore grocery stores will have to become drug stores, and instead of a shopping list we’ll need to carry weekly prescriptions for bread and milk.”

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