Strategy and Power

No More Tears

by Gardiner Harris

5 rips · Understanding power · Seeing clearly

Pharma / J&J investigative — cool nonfiction.

Mechanisms (3)

mechanism #188

Cosmetics never needed FDA approval first

The regulatory halo is assumed, not granted — entire shelves sell on borrowed authority.

Blush, hair tonics, shampoos, and baby powders never needed FDA approval before being sold, and the agency never had the resources to regulate or analyze them anyway.

Why it matters

The regulatory halo is assumed, not granted — entire shelves sell on borrowed authority.

Use when: Use when people assume the FDA pre-clears everything on a drugstore shelf.

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mechanism #189

Talc's common contaminant is chrysotile

A household staple carries an industrial poison by geology; the supply chain is the exposure.

One of the most common talc contaminants is chrysotile asbestos, which is known as white asbestos and is the only type of asbestos still used to this day in the United States.

Why it matters

A household staple carries an industrial poison by geology; the supply chain is the exposure.

Use when: Use when explaining why baby powder litigation keeps finding asbestos language.

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mechanism #191

Illegal aid must be legal — FDA would have stopped us

Regulator silence gets laundered into approval; absence of enforcement becomes permission.

In dozens of interviews, sales reps said that their obviously illegal sales aids must have been legal because the FDA must have approved them or at least would have forced J & J to stop using them.

Why it matters

Regulator silence gets laundered into approval; absence of enforcement becomes permission.

Use when: Use when sales culture treats regulator silence as approval.

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Evidence (1)

evidence #190

Only major HIV maker that refused the UN patent share

Access rhetoric vs.

For example, I found that J & J was the only major manufacturer of HIV/AIDS medicines that refused to share its patents with a United Nations program that has saved millions of African lives.

Why it matters

Access rhetoric vs. patent behavior — the gap between the press release and the license.

Use when: Use when contrasting pharma access rhetoric with patent behavior.

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Contradictions (1)

contradiction #192

Dust for workers; masks for managers

Risk follows rank: the same air is safe or lethal depending on whose lungs breathe it.

The workers drilled through quartz, creating clouds of silica dust, but weren’t given masks or respirators, although the white engineers and managers who inspected the work always wore protection.

Why it matters

Risk follows rank: the same air is safe or lethal depending on whose lungs breathe it.

Use when: Use when occupational risk splits by race or rank in the same mine.

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