SEATTLE - A new bill introduced in the U.S. Senate on Tuesday could give the Food and Drug Administration (FDA) greater power to recall potentially unsafe prescription and over-the-counter drugs. Last year, there were more than 1,700 drug recalls, four times more than the previous year.

Seattle attorney Maria Diamond handles drug-related injury cases. She says the additional authority is needed partly because it is difficult to track problems when most drug ingredients are not made in the United States.

"The problem becomes that much worse in the context now, as we're seeing more and more products being made overseas, where there is no oversight and little if any quality control. And we've certainly seen that in a number of products from China, most recently."

The Drug Safety and Accountability Act would give the FDA authority to subpoena documents and witnesses, and to assess civil penalties. It was introduced on the heels of some high-profile voluntary recalls this year, including one involving Children's Tylenol. Diamond says a lack of funding has limited the FDA's enforcement powers — and the drug industry is not always willing to speak up quickly when a problem is suspected.

"One of the most important things civil litigation does is brings to light all of the evidence, in terms of what drug companies knew and when they knew it. And it has been through the process of civil litigation that some of the 'worst of the worst' have come to light."

Diamond believes the legislation is a good idea, although she notes the FDA and drug manufacturers historically have had close ties, and thinks precautions should be taken to keep consumer safety first.

A new Pew poll also shows overwhelming public support for tougher safety laws for consumer drugs, according to Allan Coukell is director of the Pew Prescription Project.

"In the current environment, I don't think it's an automatic given that Americans across the political spectrum would support increased authority for a federal agency, and so I think it's striking that we see that finding."

In response to the new legislation, the leading pharmaceutical industry group says the U.S. already has the toughest and safest drug regulatory system in the world.



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The state of Washington has launched an online system for tracking food poisoning cases.

The Washington State Health Department has opened its Foodborne Illness Notification System for filing complaints about food safety. Bill Marler, a food-safety lawyer in the state, said the system will rely on data to pinpoint potential food-safety hazards.

"If you get more and more people utilizing these services," he said, "just the sheer volume of the data will make it more useful because you get more angles to look at."

The Health Department says the system is anticipated to help with early detection of diseases, illness prevention, proactive safety measures and educational opportunities. The state has noted that one in six Americans suffers from food poisoning each year.

Marler said he believes the data collection will be helpful, but also notes that it isn't a panacea for stopping outbreaks. He said listeria is a good example: the period between consumption and onset of illness is between three and 70 days.

"I'm not sure I can remember what I ate three days ago, let alone what I ate 70 days ago," said Marler. "So, a lot of this analysis is sometimes flawed by people's memories and the incubation periods."

Marler added that listeria is also a pressing example because of the outbreak of it in deli meat. According to the Centers for Disease Control and Prevention, two people have died and 28 have been hospitalized from the current outbreak across the country, although no cases have been reported in Washington state.


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Big changes are imminent in the way homes are bought and sold, as the new forms for transactions in California come out today.

The forms are linked to the proposed legal settlement by the National Association of Realtors, which ends the long-standing practice of having a home seller's agent pay a commission to the buyer's agent. It benefited buyers who may not have saved up enough money to pay their agent.

George Lopez, a real estate agent in Indian Wells, explained buyers will now have to negotiate a separate contract to hire and pay their own agent.

"Even with these changes, a buyer can still purchase a home without having the money to pay their agent," Lopez explained. "The general public needs to understand that the real estate commissions have been, and will always be, negotiable - and that if they don't have money to pay their agent, they can still potentially negotiate it in their sale."

The lawsuit contended the old way of selling homes tended to drive up costs, as buyers' agents had more incentive to steer people to sellers willing to pay a higher commission. The changes are intended to empower homebuyers to negotiate for a better deal.

Lopez thinks most sellers will still offer to pay a real estate broker, rather than risk losing out on a big chunk of the prospective buyer pool. But it will have to be negotiated in the offer, as commissions will no longer be stated in the Multiple Listing Service. The changes also mean buyers' agents cannot just meet prospective clients "on the fly" anymore, to go check out a home for sale.

"You have to meet me at the office; we have to have a meeting," Lopez pointed out. "We have to have an agreement in place that said that you're hiring me, or I can't show you any homes."

The new forms real estate agents use to complete transactions will take effect nationwide on Aug. 17.


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A new Virginia law protects residents from utility shutoffs in extreme weather.

The law prevents utility company shutoffs when temperatures are at or below 32 degrees and at or above 92 degrees. It also prevents shutoffs during states of emergency in response to public health emergencies. Virginia was one of 34 states with a shutoff moratorium during the pandemic.

Kajsa Foskey, economic justice outreach coordinator for the Virginia Poverty Law Center, said enacting this law cleared up some misconceptions.

"Most folks already thought that utilities couldn't shut them off on a day when it was too hot or too cold outside," she said. "So, what we've really done is just created some common-sense foundational protection so that all utility customers across the state know what their rights are."

Despite having some of these shutoff guidelines as unwritten rules, utility companies pushed back, saying it didn't allow them flexibility. Foskey said she thinks the state can build on this by including elements that didn't become law. This includes requiring data collection from utilities about who is being shut off, the frequency, reasons, and the amounts owed. She said this can help craft solutions for people facing shutoffs.

Rising utility prices concern advocates since this increases shutoffs. More than 750,000 Virginia families are energy cost-burdened, meaning they spend 6% of their income on utility bills.

Foskey said another removed part of the law would have reduced financial barriers to reconnection.

"When they try to get reconnected," she said, "not only do they have to pay that past-due amount that they couldn't afford to pay, they now also have to pay reconnection fees, late fees, security deposits, things that really just make the barrier to getting reconnected very high."

She added that this can prevent people from being able to afford everyday essentials such as food or rent. However, the new law has a provision for customers who received state energy assistance in the past year. They're eligible for having their deposit capped at 25% of what they previously owed to be reconnected, but this can only be used once every three years.