we asked the committee and fda to consider the following.peed the approval process for medically necessary drugs that appear to be in shortage. encourage fda to engage stockholders and discussions determine whether a drug is medically necessary. the objective is to prioritize drugs necessary for treatment and also may be at risk for shortages. granted dea flexibility to address quotas limiting the amount of active ingredients manufacturers may purchase as limiting their ability to read that the production of a supplier exits the market. fast-track approvals with new pharmaceutical agreement suppliers for medically necessary grubs in shortage. work with manufacturers to slow the trend of acquiring raw materials outside the u.s. require manufacturers to notify the fda for plain supply interruptions that allow time to work with remaining manufacturers to increase production. establish an early warning point of contact at the fda. in closing, i think the committee for opportunity to share with learned about drug shortages and a learning impact i

and that the fda has the tools it needs. for example, many people are surprised to learn that the fda can't order the recall of a drug product if it's aduller ated. they can do it for medical devices and food, they should have that authority for drugs. if they have it, it's less likely they'll need to use it. a regulatory scheme will reward the good players and assure the bad actors don't create a race to the bottom. let me say that american supports these changes. pew commissioned a poll last year that found voters are concerned with drugs from developing countries and across the political spectrum they overwhelmingly favor the provisions i outlined. as congress did 70 years ago, we urge you to act to ensure safety. we shouldn't wait for another tragedy. thank you. >> thank you very much mr. coukell. we'll begin a round of five minute questions. dr. crosse. in the past you reported that fda data bases contained incorrect information about foreign drug establishments. what's the reason for this? and is this still the case th

the u.s. market. while fda is making progress, we have concerns about the agency's use of information and the pace at which it is implementing changes. globalization has placed new demands on fda as the pharmaceutical industry has increasingly relied on global supply chains in which each manufacturing step may be outsourced to foreign establishments. in examining these issues, we have particularly focused on the challenges for fda in inspecting these facilities, the limitations on fda's knowledge and information about these facilities and the steps fda is taking to improve the oversight of the supply chain. inspections of foreign drug manufacturer's are an important element of oversight. as we've heard, fda is far from achieving foreign inspection rates comparable to domestic inspection rates where the agency's required to examine this every few years. in 2008 we recorded it would take fda about 13 years to inspect the foreign establishment that is were then on its inventory. since that time, fda has been incre

the u.s. market. while fda is making progress, we have concerns about the agency's use of information and the pace at which it is implementing changes. globalization has placed new demands on fda as the pharmaceutical industry has increasingly relied on global supply chains in which each manufacturing step may be outsourced to foreign establishments. in examining these issues, we have particularly focused on the challenges for fda in inspecting these facilities, the limitations on fda's knowledge and information about these facilities and the steps fda is taking to improve the oversight of the supply chain. inspections of foreign drug manufacturer's are an important element of oversight. as we've heard, fda is far from achieving foreign inspection rates comparable to domestic inspection rates where the agency's required to examine this every few years. in 2008 we recorded it would take fda about 13 years to inspect the foreign establishment that is were then on its inventory. since that time, fda has been incre

they don't go through the agony of protocols put out by the fda. so wei not really knocking brand drugs here, are we? >> not at all. what congress said is there is a period of time where the brand manufacturer has the right to monopoly price the product and get return on that investment and there is a point at which though, consumers have the right to have access to those drugs when the patent expires. and i agree with you, this is not about knocking brand manufacturers. it's about a balance. it's finding a balance between ensuring. we have enough investment in brand pharmaceutical companies to insure a continuing stream of invasion but also that we have a point at which those patents expire and the price comes down and then consumers who by the way, through their taxes, are supporting a lot of the basic research that goes into this drug development, they have a right to get access to those drugs at a price they can afford. >> i know. but the brand -- if i were the ceo of a brand company i would think a lot of these generic companies are paracytic.

it's my understanding the fda has been working to address shortages of the medically necessary approach. can you please define what medically necessary means? >> medically necessary is defined as a product used to treat or prevent serious diseases and conditions to know the product available to act as a substitute. >> you indicated your testimony invest majority shortages experienced in the united states is attributable to the injectable salk. is that correct? >> that's correct. >> according to your testimony 54% of the shortages were due to the product quality such as particular its microbial changes resulting in the personalization. is the right? >> that's right. >> are you finding those american pharmaceuticals or imports? >> we are finding them here in the united states. >> what about imports? >> those are the issues we try to prevent which is why importing is always a challenging issue. >> but you have no authority to address the question of the manufacturing practices abroad, no authority to do with good manufacturing practices, you have no real authority to see to it that the req

in that case a company must inform the fda six months in advance. drug shortages have real effects on a real patient is due to shortages patients have nt received the appropriate drugs for their conditions often gettng a less effective drug or more costly substitutes as a result. according to a sdy done by the premier health care alliance of 228 hospitals, retail pharmacies and other health care facilities nearly 90% of hospitals reported a drug shortage in the last half of last year that may have caused a patient safety issue resulted in a procedural delay or cancellation required a more expensive substitute or resulted in a pharmacist compounding drug. i look forward to hearing from our witnesses today abot their experiences with drug shortages and learning what remedies they believe are necessary. i would like to say a special hello to richard, vice president operations pharmacy laboratory and radiology at the lancaster general hospital in my district. it the largest employer in the 16th congressional district and for ten of the past 13 years it h

we support the fda's role in production drug's safety. they need the power and jurisdiction to enforce early reporting of drug shortages. the other thing that was most important is get the word to everybody at the same time. it is beyond me that others have drug product when i don't. when drugs come to the market there are only certain places you get them from and not your normal supply chain. i think we need regulation in order to solve the problems we have at hand. >> mr. alkire, we heard end users of drugs have little advance warning when the going to shortage. a surgeon may find out the preferred drug is not available after the patient is prepped and on the operating room table. how does this happen? how do hospitals give warning to their own doctors? >> i have not heard that but very strong communication occurs that hospitals and doctors are made aware of especially with these procedures. they have to figure out the potential clinical alternatives to assure patients the getting the highest quality care. >> dr. penley, how many drugs y

um, i must say, again, the fda has worked with companies. so in the case of particulate matter, pieces of glass, pieces of metal first to identify the issue, but also there have been advances in developing filtering systems so we can filter those out, make those drugs then safe to inject into patients. so that's another example of regulatory flexibility that has marked this chapter of our history. >> so i guess, the end of my time's about to expire, but -- i mean, my time to ask questions is about to expire. [laughter] just want to clarify that. it was a short night. um, it's this sense of urgency, i applaud you for bringing people together and trying to figure this problem out. but as i'm hearing from both dr. dibbs and others in my district, this, you know, patient comes in, the drug's not available, they've been prescribing it for years, it's effective, it works, and they can't get it. i know my own mother had ovarian cancer and died from it, and so i have this sense of patient urgency. i know you feel that, both of you. we all do. so if t

the fda will do the inspection. they will go back every -- if it is made in the u.s., they will go back every couple of years. if it is made overseas, there is -- the fda will not be back. you can go into the business of making over-the-counter drugs and importing them into the u.s. without ever having an fda inspection. host: james, second thought? caller: i got it, man. appreciate it. host: donald is on the line for independents. caller: from january 1, 1997 through the end of june 2005 there were deaths from 17 fba- approved drugs. there are still over 500000 years of youths and zero deaths in canada. why does the fda continued to lie to us? host: a bank where are you getting your information and statistics -- caller where are you getting your information and statistics from? host:caller: procon.org. guest: cannot speak to the specific data. it is worth making one distinction, which is that people develop side effects aren't drugs and die from time to time. that is part of the risk benefit with any drug. what we

according to the fda, in the past five years drug shortages have tripled.ie jensen has been studying the problem for the fda. >> many of them had involved oncology drugs, cancer drugs, as well as anesthesia drugs and other critical care drugs. so this has had a large impact on patients. >> reporter: that's what happened to 56-year-old marsha goodman. we visited her last month as she was getting ready to be treated with ovarian cancer with the chemotherapy drug doxil, but her clinic had run out of it. >> i had started to feel hopeful this drug was going to work and so my heart sank. >> reporter: she was forced to use a different drug but has since found a supply of doxil. the drug remains hard to find. there are several reasons why. pharmaceutical companies are cutting production of some generic drugs because they're less profitable than brand name drugs. shortage as also result from manufacturing and quality control problems. some hospitals and suppliers even begin to horde some drugs if they get a hint a shortage is coming. >> we're doing everything that w

the fda will do the inspection.they will go back every -- if it is made in the u.s., they will go back every couple of years. if it is made overseas, there i -- the fda will not be back. you can go into the business of making over-the-counter drugs and importing them into the u.s. without ever having an fda inspection. host: james, second thought? caller: i got it, man. appreciate it. host: donald is on the line for independents. caller: from january 1, 1997 through the end of june 2005, there were deaths from 17 fba- approved drugs. there are still over 500,000 years of youths and zero deaths in canada. why does the fda continued to lie to us? host: a bank, where are you getting your information and statistics -- caller, where are you getting your information and statistics from? caller: procon.org. guest: cannot speak to the specific data. it is worth making one distinction, which is that people develop side effects aren't drugs and die from time to time. that is part of the risk benefit with any drug. what we are

that's what the fda looks at and the epa initially. in addition, your assumption that organic arsenic is s fe is not true. organic arsenic has been looked at in fish. in those species, it does seem to be safe. but there's been a lot of debate. over the safety of organic arsenic, and the body converts inorganic arsenic into some types of organic arsenic that are very toxic. it's misleading to claim that organic arsenic is safe. the american people need to know that there's been a shift in our food supply for apple juice. i'm a big supporter of apple juice. i talked about it on my show. i continue to give it to my kids. i want to be clear about this. nobody is dying from acute toxicity of arsenic. the levels we're talking about are much lower than that. my concern is long-term effects over years of kids getting arsenic levels higher than we can tolerate. the fda and epa have been continually reducing the amount of arsenic we think is safe for us. >> mehmet, you're still implying that drinking apple juice is exposing children to toxic ars

and then the fda shows maximum regulatory flexibility. s rewarming of the, um, that i mentioned to you is one example, filtering out particulate matters so, again, these medications can be used and be not put aside is another example. >> yeah, let me -- i only have 12 seconds left. >> sure. >> and i wanted to focus on -- i'll go back to the statement in the testimony because i did scribble something of comment on increased regulars, but why doesn't the shortage of a product in this sector then send an increased price signal to manufacturers for them to then produce the good? >> well, we have come to learn that the standard economic principles of supply and demand -- >> and the question is why is that distorted? that, i think that's the basic, fundamental question of this problem. what has distorted the fundamental principle of supply and demand? and my time's expired, but i think that's the heart of this issue. i yield back my time. >> would you like to respond? >> sure. and i'm sure the doctor can add too. first of all, these agreements a

the fda says it's been testing apple juice for years and no evidence of any public health risk from driing>> a marine received the medal of honor from obama. he was just 21 years old two years ago when his team was ambushed. against orders he and another marine drove into the line of fire rescuing 36 marine soldiers. mayer went back to retrieve the bodies of the fallen. >>> four men were killed that day including 22-year-old james layton. at a cemetery, family and friends gathered to honor him. found his body draped over another marine whom he tried to save. requested each have their own ceremony today. >>> renewable energy in the bay area took a step forward as pg&e dedicated another giant wind farm. tom vacar has the story and he's going to show us how truly big, big really is. >> reporter: utility scale generations is enormous here in the hills. this generator tips the scales at more than 70 tons. twice that of a fully loaded semi truck. builders of the project says this blade set that spins the generator weighs in at 35 tons. >> a project like this is a world-class size project. serves

now the fda is investigating. hughes. >> reporter: 56 y50er8d-year-old marsha goodman was supposed be treated with the drug doxil, but the drugstore ran out. goodman had to take an alternative drug and eventually found more doxil. health care providers told the fda on monday it's a medication crisis. more than 200 drugs are in short supply, most of them used by hospitals. the medicine is mostly generic and the fda says drug shortageses have tripled in the past five years. >> we've had much more consolidation of manufacturers of generic drugs. we've had much more reimbursement pressure on generic drugs. and we've had the emergence of many more gray market vendors for both participants and causes of the drug shortage problem. >> more than half of the hospitals respond to go a drug shortage survey admit using so-called gray market vendors for companies other than normal wholesalers. in one case, a high pressure drug normally priced at $25 was being offered by gray market vendors for $1,200 a dose. fda officials worri

according to the fda in the past five years drug shortagees tripled -- short annuals tripled. -- shortagesed. >> many are cancer drugs and anesthesia drugs and for critical care. it had a large impact on patients. >> reporter: that is what happened to 56-year-old marsha goodman. we visited her last month as she was being treated for ovarian cancer. her clippic run out of the -- clinic run out of the drug. >> i was feeling hopeful that this drug was going to work so my heart sank. >> reporter: she was forced to use a different drug but since found a supply of doxilt. is hard to find. many are cutting production of the generic drugs because they are less profitable. shortagees result from manufacturing and quality control problems. some hospitals and suppliers even begin to hoard the drug fist they get a hint a shortage is coming somewhat we are doing everything we can within our authority. >> reporter: the fda's authority is limited when a company's profits are at stake. >> one thing that really helps us is when companies let us know. they let us know we can help fix that problem. >> the fd

the fda is warning consumers to throw away any rocky ford brand cantaloupe you may have. >> couches, mattresses and refrigerators all have a place, but not in the middle of the road. but that's where much of it ends up. but it's illegal and up safe. vicky nguyen takes us in depth tonight. every bay area highway. >> some days are just one call after the next. >> reporter: day or night. >> heavy and slow. >> all the sections of the

establish an early warning point of contact at the fda. i think the committee -- i thank the committee for the opportunity to share what we have learned about drug charges and the impact it has on the safety and health of our community as well as our health care costs. we stand ready to assist congress in finding ways to insure a safe and reliable drug supply. guest: thank you. we appreciate your patience. we've got five minutes left for a vote. i think we will break here and come back. as soon as the last vote is over. we'll continue the testimony then. >> i want to ask a minute -- consent to submit the record of congressman matheson. >> the subcommittee stands in recess. until after the last vote. you have a long time where you can go eat. host: caller: [captioning performed by national captioning institute] [captions copyright national cable satellite corp. 2011] [no audio] >> thank you for your patience and a thoughtful testimony. we will resume the testimony with dr. pindley? >> good afternoon. at to you and the remainder of the subcom

the fda issuing a warning today saying a massage machine could be fatal. a doctor in florida was killed after using the shoulder flex image massager. the 37-year-old doctor laid down on her neck massager last christmas. investigators say it ensnarled her necklace, tightened quickly, and choked her to death. the fda says it's a design problem with the machine, and it's urging people to stop using the shoulder flex massager. >> telling people if you see the device in a store or on line, don't buy it. if you have the device in your home, stop using it immediately. dispose of it in a way that keeps others from using it. >> the makers recalled all shoulder flex massagers. the fda says nearly 12,000 have been sold since 2003. it has no idea how many are still in use. >>> a children's coloring book with some very adult images is évévévdrg g g g g g g g theéwéw never forget 9/11." among the pictures in the 19-page book, a depiction of navy s.e.a.l.s. shooting osama bin laden and images of the attacks on the world trade center. the missouri-based publisher says the

but the fda did their own testing and found much lower levels. they insist apple juice is safe. still, dr. oz stood by his findings. >> other groups, independent of ours, over the last three years have been publishing reports about this. >> reporter: he cited this 2009 university of arizona study. so we looked at it. researchers there found one of the five samples they tested with nearly triple the level of arsenic allowed in drinking water. >> the fda should not allow more arsenic in our apple juice than we allow in our drinking water. >> reporter: the limit for arsenic in water is 10 parts per billion. for fruit juice, 23 parts per billion. but the fda says they set a lower limit for the amount of arsenic allowed in water because people consume more water than juice. and so much water is used in processing food. the problem may be where our apples are coming from. some 60% of the juice concentrate comes from china, where arsenic is still used in pesticides. the bottom line, though? most doctors we spoke to today say parents should be more worried about the sugar in that juice b

oz and that will clear it right up. >> the fda sent a letter to the oz show five days before the show was to air, warning them airing the show would be irresponsible and misleading. >> irresponsible and misleading? it must be sweeps week. some have even accused the doctor of fearmongering. >> i am not fearmongering. i'm a big supporter of apple juice. i talked about it on my show, i continue to give it to my kids. >> i love apples. some of my best friends are apples. didn't you see my pictures from six flags? obviously dr. oz is drumming up a false controversy. but there are real threats to our nation's children. >> the uproar over one of the new contestants on dancing with the stars. >> it is fair to say there has never been this much controversy on dancing with the stars, before the season began. >> i think it's fair to say i have never given a [bleep] (applause) (cheers and applause) >> which one of this season's contestants could possibly incite so much hatred and disgust. there's only one candidate. >> i'm nancy grace. >> known as hln's most fearless prosecutor. >> i just want to

maybe the fda has to go back and say, you know what? dr. centrations he will grade. it was inorganic at the end of the day, and is that still safer. that's the question the government has to answer. look at your books and tell the american public we'll look into this and we'll get back to you. >> he didn't do the right test, that's the problem. megyn: i have got to go back to the panelists. i want to say because dr. oz has been accused of manufacturing a crisis here, and scaring a lot of parents, he compared the arsenic in apple juice to the amounts per miss nibble water. we drink a lot more water than apple juice. so you can't put as much --th can't be as much arsenic in water. so it's comparing andals to oranges. >> that's why we see there is a problem. >> the fda ruled based on regulations its is safer for consumption. if dr. manny and everyone else wants to lower the regulations and the amount put forth a study that shows its's' harmful to humans. and you chug your apple juice. i think you misunderstood your assignment. >> i'm defending

the fda can now do that.ng more inspections at various plants, various facilities, that's also been amped up as well. that's where this comes into play. now, not everyone thinks this is a good idea. for example, the american meat industry, they released a statement saying, look, we think this is going to cost a lot of money, those costs will be passed on to the consumer and we don't think there's significant public health benefit by keeping this additional food out of the food supply. again, food that has these additional strains of e. coli. this is obviously how it it is going to be for now. you know, talking about food and food safety, something people are paying attention to is listeria, as well. different than e. coli but potentially deadly bacteria. 16 people have become sick. they've been able to trace this particular bacteria back to the rocky ford region in colorado and in cantaloupes specifically. a fascinating process the way they do this inspection, unravel the mystery for where this food came. but

it's true for some brands, but we'll tell you why the fda isn't worried, but dr. oz is. let's start in nevada. federal investigators are on their way, in particular to reno. they're trying to pinpoint the cause of a deadly plane crash at an air raid. these r terrifying moments caught on tape. >> at least three people killed, dozens more hurt when that plane slammed into the crowd. it barely missed a grand stand that was packed with spectators. witnesses say they thought they were going to die and they are now calling the pilot of that plane a hero. >> i think that that pilot, in the last two seconds, pulled up because he saw the bleachers and i would guess he probably saved 200 to 300 other people. and i don't mean any disrespect to the injured, but i would consider him to be a hero because he pulled up and did what i think was his best job to hit the target. >> our dan simon is there for us in reno. dan, good morning again. have we learned any indication what possibly could have caused this? >> we really don't know at this point. what we know is that the aircraft picked

. >> the fda has no idea of the cantaloupe got contaminated. they are especially worried about seniors, pregnant women, and people with chronic illnesses. >> it can lead to serious infections throughout your bloodstream and death. >> bottom line, check your refrigerator. >> of people have that canelo, they should throw it out. if they do not know where it came from, they should not eat it. >> there have been at least a dozen cantaloupe of bricks on the last decade. the fda is working with local authorities to make sure these melons get out of stores. but their biggest concern is whether or not they may be in your home. tracie potts, nbc news, washington. >> still to come, she's no stranger to prime time. maria bello returns to the 10:00 spots as the star of the new police drama. >> the mild air continues across the east coast. cool air over the great lakes. even cooler air will follow that. that is coming for the weekend. that is coming up in the seven day forecast to a 74 at the airport. 76 at the inner harbor. >> and the doctors here to answe

finally, i would replace the qana fpa with -- current fda with a 20% three food and drug administration whose specific jobs -- 21st century food and drug administration with specific job is fundamentally opposite of the current fda. if you want to create jobs, help the biggest economy in the world. if people want to get healthy, they will live longer. we will dominate the health market in the world and if we can do so, those are very high- value jobs that pay very well and produce a lot of capital for the united states. it is thes most logical area if you are trying to promote a high income economy. we have more total energy,

the fda permitted bpa in food packaging. breast cancer researcher says to be safe, we need to take the chemical out of the food supply. >> you want to avoid bpa for your children, you're going to be eating organic food and you're going to be paying premium prices for things and that shouldn't be the way it is. >> the fda is reviewing safely levels. until then, here are inexpensive alternatives. dried pasta and jarred sauce. boxed macaroni and cheese, soups packed, and for something sweet, fresh fruit. i'm dr. kim, cbs 5 health watch. >>> and now to something else that might upset your stomach. the government bought hundreds of muffins at $16 each. oh, and that's not all. tonight, a serving. >>> tonight, a flight bound for the bay area lands with more passengers than it took off with. >> triple digits tonight, we are still in the mid 70s. the cooldown and the day to xfect it as eyewitness news continues on the cw. [ screaming ] [ zapping ] there goes dwayne's car. oh, man. there goes dwayne's house. whoa! whoa! and there goes

that's what the fda did. they found the numbers were so low we couldn't measure.ren't going measure. >> so where is some of the places we fine organic arsenic. this is the safe arsenic. >> sure. arsenic itself of course is an element that's present in the soil, in our water and in our air. when it combines with compounds like chlorine and sulphur that's when it becomes dangerous. it's a poison at that point and can kill cells throughout the body. the damage that comes from inorganic arsenic occurs over months to years. it's cumulative damage. can affect the bone marrow where you make your blood cells, affect the skin and cause kidney damage. inorganic in a high dose over a long period of time can be lethal. >> dr. oz went to the air waves one more time. he talked to our t.j. holmes and this is what he had to say. >> we have shared our methodology and la bra information. it's on our set. we've given to it the fda. i want a conversation. i don't want folks decide on their own oh, it's too complicated for me to figure out. american apples don't have arsenic. why do w

the fda spotted the list here in one bank of chopped lettuce -- one bag. about 90 cards have been recalled. the ceo is working with the fda -- about 90 carton's have been recalled. >> some time is like finding a needle in the head stack. >> listeria really shows up in produce. >> it is a bit of a puzzle for us as to where and the whole process of growing and packaging and distribution it might have been contaminated. been people have sickened. at least 16 have died. >> it has been pure hell. >> tamis palmer is suing. husband is clinging to life. there are fears the operate could get worse. >> we might see the illnesses and fatalities for the next month up into october. >> health officials do not know how the lettuce or cantaloupe got contaminated. kate amara, wbal-tv 11 news. >> millions of americans lost their jobs in this economy and no one mother has turned her job loss into a great escape. a profile of a woman and the unconventional job she took on to say for family by becoming an escape artist. that is on the today show today. interesting. 57 degrees.

. >> reporter: the fda doesn't offer any clear definitions either. >> in some cases, you need a panel of rabbis to determine whether it's natural or not natural. >> reporter: the fda says the all natural phrase is accurate as long as there's no added color, artificial flavors or synthetic substances. but what about something like high fructose corn syrup, something that's commonly referred to as a natural sweetener? the sugar companies would say it's not. in fact, they've taken it to court. corn syrup companies disagree. still, overall there have been a host of lawsuits that have claimed that the use of the all natural phrase is deceiving customers into paying more for something that really isn't there. >> it's going to take a lot of private lawsuits, or the government saying, hey, enough is enough. here's the definition, stick with it or we're going to get your products off the market. >> reporter: but in the last few years there's just been more and more, the number of new all natural products on store shelves has jumped nearly 70% since 2005. >> you have to try to understand what t

the amount that's appropriate we need to talk about. i've had open invitation, i'll say it again, fdarade groups are welcome on the show. what i don't want to do is have the american public quibble. >> you are the one who has doctor in front of your name. organic, is there not a difference between organic and inorganic. >> organic arsenic our body copes with as well. the inorganic is the stuff we are worried about. i'm on base with that. the question i need to found out and i asked for this information a couple weeks ago and i was told to fill out a freedom of information act to get it. it's not like we haven't been trying it. we reran because we were told the arsenic levels aren't overstating. we had a washington affiliate saying 30 more samples from the area found the exact same thing, 10 out 306 had elevated levels of arsenic in the sampling. >> the other part of the fda coming after you, i posted some letters saying part of the argument is that the stuff you're testing and the arsenic level you come back with we don't know which it is so if it's an arsenic level that's high that c

the fda has the new egg roll. there have been a lot of efforts made in terms of driving down contaminations of food products in the production environment. we have somnolent it's going in the wrong direction. i think everybody is collectively trying to scratch their heads and figure that out. arkansas be not looking in the right place? is it not poultry and is it something of? are we looking or sampling in the wrong place to be able to determine what is going on? this is something that food and that has been very interested in try to dig into the salmonella data. one of the things we have been doing is we have a chicken parts and baseline knowing that more people are buying chicken parts these days. we are interested to see what that data tells us if there is a higher rate of contamination and chicken parts and the whole bird. might that incentivize us to do something differently. finally, certainly in the wake of the recent large outbreak and recall of poultry, we have been looking at it before that. we need to l

. >> the fda spotted the listeria in one bag of chopped romaine lettuce from true leaf farms, leading the california company to recall about 90 cartons for possible contamination. the ceo says he's working with the fda. >> we grow all our product outside and sometimes it's like finding a needle in a haystack. >> health officials say listeria rarely shows up in produce, but this does come amid an ongoing outbreak linked to cantaloupe from a colorado farm. >> it is a bit of a puzzle for us as to where and the whole process of growing and packaging and distribution it might have been contaminated. >> so far the contamination has sickened more than 70 people in 18 states. at least 16 have died. it is the deadliest outbreak in a decade. >> it has just been pure hell. devastating, unreal. >> tammy palmer is suing, her husband clinging to life in the hospital. because listeria can take weeks, even months to make someone sick, there are fears the outbreak could get worse. >> we might still see illnesses and even fatalities for the next month up into october. >> health officials do not know ho

the fda is recalling cantaloupes from a colorado farm after investigators found a melon contaminated with lift yeara. -- listeria. they've stopped harvesting the cantaloupes. and the cdc says more testing is needed to determine if it's the same strain responsible for a recent and deadly outbreak. >> net flix continues to disappoint and groupon could be back in the ipo game. >> and there is research in motion can't seem to get past black berry blues. they missed big on sails of the smart phones. there is a range of touch screen features and an analyst think equity says new models will not be enough to appeal to existing users, this analyst says it's good growing foot print. and net flix fell the most in more than three years, nearly 19% after flashing it's subscriber forecast following what somewhere c.a unpopular price increase saying they probably lost more than half a million u.s. subscribers as a result. and net flix says it's sticking with the hikes. and as for broader market stocks closed higher for a fourth day as did your bloomberg index closing almost 2% higher today. and ther

from the industry to the fda, fda to the industry? i think they should genetically modify politicians so they are not corrupt, if you think it is so great to genetically modify stuff. why can we not genetically modify these politicians? host: we will leave it there. guest: people have the idea that there was never any genetic modification. all of our foods, except for wild caught fish, truffles, blueberries, they are all genetically modified. we have been busy genetically modifying foods 4 10,000 years. in the 20th-century, we used much cruder techniques than we use now. this method of genetic modification is more benign than any others that came before it. this is the tragedy of people's misunderstanding of what we're doing now. to force people to put people in jail for genetically modifying foods when what they're doing is improving and making them safer , and making genetic modifications that make it possible to use less chemicals, less toxic chemicals that are better for the environment, people have really set themselves against t

marijuana works, it is far less-health consequences far l-- far less negative health consequences. >> the fda is waiting for someone to come in and say that marijuana is a legitimate madison. -- madison. >> let's go out to the questions. >> i do not know if you're familiar with "freakanomics." they make a compelling argument that the decrease in crime was the results of the availability of the right to terminate one pregnancy they came the past 20 years before that. in terms of the stronger marijuana, marijuana had become more potent because of the war on drugs. it makes the producers wanting to make it stronger medicine. in terms of the effects on adolescent friends, i have adult friends who have used cocaine and recently try adderol. that thought it was like time- released cocaine. we're giving that madison to children. -- medicine to children. we have a 28-day program and for everyone in recovery, that is based on insurance companies saying that is what we will pay for. until people say, in reality if you want to drink, alcohol or drug addition, you need up to 120 days of treatment. until

oz under fire tonight, turns out the fda not happy with his show yesterday. nd a leading doctor are disputing claims by dr. oz that trace amounts of arsenic in many apple juice products pose a health risk. oz. say that testing found what he implied are concerning levels of arsenic in many juices. the fda says the labs methods were not appropriate and that its own tests show much lower arsenic levels? -z l e vels. >>> a new study says that eating fruits with fleshy fruits, you can reduce stroke chances. the report say peers in the journal of the american heart association. >> the government is getting in our way. >>> the republican party reveals it's plan. what house speaker john boehner says really needs to happen to help create jobs in the united states. >>> and i'm back here in 10 minute, i have your friday forecast. i'll tell you which cities will see the most fog on friday morning. >>> new at 6:00, a jump in crime, a bay area neighborhood targeted by a new wave of thieves. what they are after now. >>> plus, this is not the wing of a cargo plane but soon it

hopefully the fda can weigh in with more guidance. dog was pulled free. so happy to see that. >> nice work by the guys. nice work. all right, here is your friday forecast, everybody. showers from wilmington, north carolina, down to tampa. light rain across much of texas. thunderstorms from albuquerque to salt lake city. cooler, drier along the pacific coast. morning lows in the 30s believe it or not, minnesota to maine. >> 60s, boston to atlanta. 90, miami. 57, twin cities. 60, chicago. 70s across the rockies. phoenix at 96. and 62 in seattle. >> everyone in the newsroom loves this story this morning. >> me, too. >> this is good. this is good. a remarkable couple, a belated happy 80th, 80th, wedding anniversary. to elizabeth and herman hoffstetter. he is 102. she is 100. married in september 1931. yesterday they renewed their vows with their friends and family. >> he says the main reason for their long marriage is that "she is happy." as for living so long, he says having one or two manhattans a day or, quote, as many as you can handl

this is the fda's sixth town hall meeting on amalgon and mercury. to people from across the country before deciding to ban those silver fillings. >>> a driver texting behind the wheels when she struck and killed a 2-year-old faces the judge tonight. >>> and we continue to follow this protest at uc berkeley against rising tuition fees. we will have an update on the student occupation of tollman hall in just 90 seconds. >>> life is continued on that way. but our life hasn't. >>> a young driver pleads no contest to the charge of killing a 2-year-old girl in a crosswalk in roner park. good evening i'm julie haener. >> and i'm frank somerville. there will be no trial for that college student from the north bay who was behind the wheel when that 2-year-old girl was killed. rob roth is in roner park with what the judge may do as a result that is upsetting the victim's parents. rob-- >> reporter: frank, this afternoon we spoke with the father of a toddler who was killed in this crosswalk nine months ago. he told us that he's not happy with what he heard in

four or five days later, the fda came in with their routine test. , of course, more than we had. we immediately addressed it. we shut down the roastery for three days. we destroyed the bags mice had climbed on. since the ends of april, there's been nothing found again. >> i've seen conflicting reports there were pellets in the coffee. is that true? >> that's not true. there were never droppings in the coffee. >> since the report came out, have you noticed a drop in business? >> people read the article and say, my god, it's contaminated and they've never done anything about it. it's not true. >> we have an audience in seattle, so people will be listening to what you have to say. >> people are concerned. they want to make sure what they eat or drink is unbelievably healthy. we feel the same way. it will never -- obviously, it will never happen again. we're so on top of it now. i think we have the cleanest roastery in the state of washington. >>> we haven't seen this couple a lot since their big royal wedding and their tour of canada and the united stat

even the fda is taking sides with the juice companies saying apple juice is safe, jr stone, kron 4 news. >> reporter: uc region are rejecting an idea to raise student fees 16% annually for the next 4 years. they met to discuss the proposal. it's due to a lack of state funding. they decided to explore other opportunities for generating revenue. dan kerman, kron 4 news. >> reporter: the agency that runs the city owned garages rolled out a service for people who use cell phones. you can get parking information septto you using text messages. you will get a list of the city owned garages. send another tex with a code and a new message indicates how many spaces are available and how much it costs. the service is free but your carrier might charge for the text. jeff bush kron 4 news. >> reporter: new technology for doors show you. this is a rearview mirror with onstar built in. called the onstar smv rearview mirror. now with this mirror anyone can add onstar and its features to their car. costs $200 and you choose a plan starting at $19 a month. for more information log on to www.kron.com. ga

this is an effort that is presented by the fda but the organization has done by livable city. we don't have a lot of resources. in the various places we visit -- this has provided much-needed support in terms of programming, outreach and marketing and other things we would have to go without or pay for. fillmore has been a great partner, and i don't know if you were able to make it out last weekend on september 11, but there was a lot of activity in all the neighborhoods, and most robustly in the film more and meghan mitchell worked very diligently to marshal fantastic music and great events, fun things for the whole family, helping with programming and marketing, letting the neighborhood know about changes to parking and traffic, and including sunday streets as part of the international artists week. in closing, this is an important institution and meghan worked very hard to support the merchants that bring life to this corridor. i really wanted to go on record by saying that sunday streets would not have been as successful without the staff. >> other members of the public? >