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The Biden-Harris administration should crack down on COVID snake-oil sellers

The election of Joe Biden and Kamala Harris should reverse the Trump Administration's "anything goes" approach to COVID-19 treatments - and that would be good news for American consumers. It could mark a welcome end to promoting hucksterism over medical science.

Remember President Trump's touting of hydroxychloroquine as a potential COVID-19 treatment? Soon afterward, researchers published studies on the drug's lack of effectiveness against the disease as the Food and Drug Administration (FDA) issued a warning on its association with increased risk of cardiovascular issues. In a time of fear and desperation, it's understandable that many Americans would turn to unproven treatments, but that's precisely the time when the federal government should step in to protect consumers from pandemic profiteers.

One drug that has attracted many of these profiteers is thymosin alpha-1. While thymosin is a substance produced by the human body, it has never been approved by the FDA for the treatment of COVID-19 or any other condition. Therefore, it is illegal for anyone to market the drug as a coronavirus cure. Yet, despite its lack of proven safety or effectiveness, some clinics are selling supplies of the drug to consumers for up to $400 per month.

Worse yet, a number of self-declared "wellness" doctors are promoting thymosin alpha-1 as a possible treatment for COVID-19. According to reporting by NPR, more than 30 medical practice groups and compounding pharmacies have made false claims about the unapproved drug.

One such proponent of thymosin alpha-1, Dr. Kristen Lindgren, told NPR that she began prescribing the drug to her patients "to give people something that they can do [so] that they felt like they weren't helpless" and that doing so "was better than doing nothing." This type of placebo-prescription of an untested, unapproved drug is not only irresponsible and against the law; it can be dangerous.

Drugs that are not FDA-approved are at greater risk of contamination due to shoddy lab standards at the facilities where they are produced. They are also more likely to trigger unknown side effects because they have not undergone the rigorous testing and evaluation processes necessary to ensure they are safe. All these negative consequences are the price consumers pay for drugs that have no confirmed effectiveness as determined by the FDA.

It is essential that the FDA and the Federal Trade Commission (FTC) take meaningful action to combat these threats to public health but initially, the two agencies only issued toothless warning letters. Such piecemeal enforcement isn't working to protect consumers, as manufacturers and medical practices continue to make false and dangerous claims. Pandemic profiteers that deliberately market ineffective and potentially dangerous treatments will never stop without a strong federal response.

As Chairman of the Oversight Subcommittee on Economic and Consumer Policy, I wrote to FDA Commissioner Stephen Hahn and FTC Chairman Joseph Simons to bring this matter to their attention. I demanded information about their efforts to eliminate the sale, distribution, and prescription of thymosin alpha-1 for treating coronavirus and requested they investigate the worst offenders. Based on the passive regulatory record of the Trump Administration, however, I was concerned about receiving a less than robust response.

However, last week, in a dramatic reversal, the FTC responded to my letter by issuing formal warnings to marketers of thymosin alpha-1. Stating that it had determined they were illegally advertising unproven COVID-19 treatments, the FTC demanded these marketers immediately cease making their illegal claims. The companies were given 48 hours to respond to the FTC and end their dangerous, unlawful practices or face a lawsuit from the agency.

While it's heartening to see the FTC's more aggressive efforts, this is only a starting point. I am determined to work with the incoming Biden-Harris Administration to make sure that it is aware of the problem of these fraudulent "cures" and effectively reins in those engaged in predatory marketing around the COVID-19 crisis. It is bad enough that Americans are being steered to fraudulent cures by some doctors and drug companies. It is even worse when the government they count on for protection simply turns a blind eye.

• Raja Krishnamoorthi, a Democrat from Schaumburg, represents the 8th Congressional District of Illinois.

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