Prescription Panic

How the anthrax scare challenged drug patents.

Mike Godwin from the February 2002 issue

(Page 3 of 3)

In light of the WTO negotiations, the U.S. might want to contract with Bayer, which makes One-A-Day vitamins, for a new product: irony supplements. Why?

Almost every aspect of the anthrax panic in the United States and in Canada was overblown. Despite the sheer viciousness of the anthrax-letter attacks, the actual impact on public health was and is small. In early December, fewer than 20 people have actually contracted the disease, and only a handful have died. By contrast, according to CDC statistics and other sources, there are likely to be 20,000 or more influenza-related fatalities in the U.S. in any given flu season.

One shouldn't diminish the impact of October's anthrax attacks. They were the first bioterror incidents of their kind in the U.S. They were immensely public and yet they remain mysterious. More than anything, those factors explain the speed with which policy makers put compulsory licensing on the table in their negotiations with Bayer. Whether the close-to-home aspect of the anthrax attacks will make the U.S. more sympathetic to the arguments of African nations -- who actually do face a large-scale public health crisis -- remains to be seen.

Critics of the pharmaceutical industry such as the Consumer Project on Technology's Love and Sen. Schumer argue that drug companies should not be allowed to profit unduly from a public health crisis, if and when one emerges. But PhRMA's Grayson insists that declaring war on drug company profits is not the answer. If a bioterror epidemic does occur -- an outbreak of "weaponized" smallpox infections is everyone's worst-case scenario -- Grayson says the only way enough smallpox vaccine will be produced is if the government enlists the help of industry. According to Grayson, "They won't be able to make enough vaccine without having a lot of industry support."

Of course, the brand-name drug industry is already showing its support for the government's anti-terrorism efforts. Representatives of pharmaceutical companies have promised to provide doxycyline and amoxycillin, and perhaps other drugs, to the national stockpile free of charge, provided the FDA quickly approves the use of these drugs as anti-anthrax therapies. Industry lobbyists are quick to describe this effort as public-spirited, but it's also good public relations. If the brand-name drug companies build up enough good will in their response to this public health issue, they may be less fearful that their patents will be at stake when the next big disease scare happens.