the fda has a monolithic way.hey are scrubed up on so many different levels. >> last word. >> government fees are up cent percent or so since 1999 and 2007. that is something to be looked at. >> are the last word from elizabeth. a life lost too soon and a fortune lost sooner. ♪ because the greatest. love of all is happening to me. hey, did you ever finish last month's invoices? sadly, no. oh. but i did pick up your dry cleaning and had your shoes shined. well, i made you a reservation at the sushi place around the corner. well, in that case, i better get bk to these invoices... whh i'll do right after making your favorite pancakes. you know what? i'm going to tidy up your side of the office. i can't hear you because i'm also making you a smoothie. [ male announcer ] marriott hotels & resorts knows it's better for xerox to automate their global invoice process so they can focus on serving their customers. with xerox, you're ready for real business. carol. fiber makes me sad. oh common. and how can you talk to me ab

the fda has been without a fullrs worely on the fda to permanent . >> i see i've >> absolutely.120,000 workers. it's it's an extremely important agency. do you think it's unconchenable our legislature has not solved that problem? >> we have to understand that there is some really good career civil servants who probably are making sure that agencyre >>> are drug manufacturers raising the price in the very clutch at the end? >> we do see some raising the price in the 6-9 months before the patent expires. >> does that defeat the alleged massive savings to the consumer from ger nark drugs? >> not at all. the opportunity is enormous. we know that if the country used anti-inflammatoriy drugs the way doctors and kaiser did rather than celebrex and vioxx, the country would have saved 5 billion dollars. >> i'm sorry we are out of time dr. sharon levine. time dr. sharon levine. anncr: no matter who you are. no matter where you're from... every family... ... everywhere should have the financial security they need. not just the ones who can figure it out. not just the most fortunate. everyone. met

the fda faces accusations that it monitored nine fda scientists personal e-mail accounts. however, the health and human services office of inspector general concluded the employees did not leak genuinely classified information. instead it looks like fda monitored the accounts because the whistle blowers were talking to the office of the special counsel and in the case of congress, some of the e-mails of people on my staff came up, showed up. i'm very concerned about this. fda's retaliation is shocking, may be unlawful, should not be tolerated and i'm committed to getting to the bottom of it. today, chairman isa and i are signeding a letter to the u.s. office of special counsel to launch an investigation in the facts and circumstances surrounding the e-mail monitoring and i would ask permission to put that letter in the record, mr. chairman. >> without objection. >> so here's my question. do you agree that searching through employees personal e-mails should is okay just because they contacted the special counsel or congress and would you agree that would be unacceptable? >>

the fda faces accusations that it monitored nine fda scientists' personal e-mails accounts. however, the health and human services office of inspector general said they did not leak classified information. instead, it looks like fda monitored these accounts because whistle blowers were talking to the office of special counsel and in the case of congress, some of the e-mails of people on my staff came up. it may be unlawful and should not be tolerated. i'm committed to getting to the bottom of it. that is why today chairman isa and i are sending a letter to the u.s. office of special consult to launch an investigation into the facts and circumstances surrounding the e-mail monitoring and i would ask permission to put that letter in the record. do you think it is just because of a special counsel or congress and would you agree that would be unacceptable? >> government employees need to have whistle-blower protections. on the other hand, the fda needs to have protections around propriety information. as you know this case is in litigati litigation. >> we're talking about perso

we'll wait and see what the fda does. one little town found a way to bring it back. >> reporter: that's right, jon. jon: fascinating. thanks rick. jen jep speaking the fda, the fda is taking steps to ease a critical shortage of two cancer drug, allowing temporary supplies to be shipped in from overseas but still around 280 drugs are in short supply, that number shifts quite a bit but it caught our attention. we wanted to talk about this with peter adamson, treats youngsters with cancer at a hospital in philadelphia, and also chairman of the children's oncology group at 200 northwestern hospitals that treat children with cancers. so he has a front row seat with this situation. we talked to the fda and they said they're working to make sure the supply shortages don't happen. what is this like for you on a daily basis? >> well, the prognosis for children with cancer has improved dramatically after really decades of research. and the prospect of going back 20 or 30 years because of a drug that is 40 years old becomes unavaila

the fda found lead in 400 lipsticks. the agency says the very small quantities are not a safety concern. others not so sure. fox 5's money reporter melanie alnwick breaking it all down. >>> the two lipsticks with the most lead found in fda testing both made by l'oreal, maybe lien color sensational pink petal -- maybelline sensational pink petal. lead is a powerful neurotoxin. that's why there are strict standards for lead in toys, jewelry, cookware and drinking water but the fda has not set lead limits for lipstick. the cdc recommends children avoid cosmetics that contain lead. >> the truth is that no level of lead exposure is safe for humans, particularly pregnant women or women who are planning on becoming pregnant. >> reporter: of the 400 lipsticks tested, more than half only had trace amounts of lead. the rest fall somewhere in between. the lowest include clinique black honey, l'oreal color juice cherry on top and of wet and wild neglect a mixers lip baum bahama mama showing price doesn't make a difference. >> there'

it is being displayed by the newly empowered fda. how do you get -- wean people off of nicotine without having some sort of cataclysmic economic fallout from 40 million americans -- 40 million americans who cannot go to work or are far less functional. >> how much is tied to the tax benefits to the state? >> people say that but i think if you look at -- i do not know what the numbers are. i know generally what they are. if you look at how much money is brought in, you spend twice that money on health care costs. you are spending 60 cents on health care costs. >> how much money does the tobacco company have to give to the states? >> it is hundreds of billions of dollars over the next 25 years. >> it continues? >> it is a payment plan. tobacco -- a third of the people who use tobacco, will die. the other two-thirds will have long-term health care problems. copd and cancer. tobacco does these things 20 years from now. the problem is tobacco does these things 20 years from now. methamphetamine, alcohol and they are a cute. they do the da

so in my mind the fda has already decided. i didn't know if you guys talked about the -- this panel will meet again in march at the end of march to talk about preapproval cardiovascular safety studies for all obesity agents. that will be another volatility point but we think that's not even a speed bump in the road between now and the date of april 17th. >> is it significant from a stock ownership standpoint that leyland wilson the ceo tells me they'll do the heart-related study post approval rather than pre? >> that's what they've been intending all along. obviously the fda bought into that hypothesis because, again, i think they were much more on the side of vivus at this panel compared to 2010. in 2010 it was much more squishy. this seemed to me that the fda was pretty clear about how they wanted to handle that question. >> mike, good to have you on the show. thanks so much. our next trade apple shareholders are set to meet today amid record profits and stock value. shares of apple are modestly up as we await an announcemen

people who have taken this thing swear by it. >> you know, in 2010, the fda rejected it.ell tomorrow, its developer gets a second chance to convince the panel to approve it. even so, many overweight californians are not waiting. california central coast is famous for its beaches and rugged beauty. but soon, it could be known for something else. ground zero for a powerful diet drug. >> i had no idea. no idea. >> here in the town, the valley of the bears, thousands of patients flock to a clinic where a doctor prescribed two different prescription drugs. the medications when taken together helped some to lose a tremendous amount of weight. just ask 20-year-old, fraisher. >> i have lost 165-pounds in one year. >> this was fraisher at his heaviest. tipping the scales at 390- pounds. now the jeans are nearly twice his size. this new treatment changed his life. >> i'm happy and healthy and it worked. >> the two drugs are fen fendermine. kills your appetite. it makes you feel full. when used together combined with exercise and a very local rei diet. >> you get a lot of bang for y

the fda has issued new warnings that these drugs are not, of course, without their risks. and tonight, we asked our chief science correspondent robert bazell to fill in some of these details. >> reporter: brian, about 30 million americans take cholesterol drugs called statins. today's fda safety alert says labels must indicate that statins carry a slight risk of causing memory loss and other brain problems, as well as a slight risk of raising blood sugar and causing type 2 diabetes. the fda also says that mevacor also known as lovastatin combined with certain antibiotics and anti-viral medications can increase the risk of muscle weakening. there's no doubt that statins save lives by reducing heart disease, but experts emphasize people should not stop taking them without talking to their doctor, but the experts say these latest warnings might make some doctors think twice about prescribing the drug for people who are not at high risk. brian? >> robert bozell, thanks for that. >>> on wall street today, the dow jones industrial average closed above the 13,000 mark for the fir

. >> which products have the most and which fda is saying about the results, how much toxic lead does it have. >> plus could the coin soon replace paper current is he, how much money it would save the money if they did it. 9:26 a.m. look! here she comes! ♪ she'll be comin' 'round the mountain when she comes... ♪ when she comes. ♪♪t'll bee wheels when it comes. ♪ ♪he ♪ custom spoiler, ce grade pistons, ♪ ♪t35 and they'll all know that 's kevin's awesome car. ♪ bought ( clears throat ) sorry. when it's on your mind, it's on ebay. >> would you give up your dollar bills for dollar coins? a report by the general accountability office found replacing the dollar bill with a coin could save the federal government $4.5 billion over 30 years. over 30 years when it comes to the government. >> legislation, calling for a switch to coins from paper dollars has been called for there may be an increased risk of counterfeiting associated with switching to coins. >> just never seems the coins catch on >> they don't. >> we tried to susan b anthony,. >> i wanted to say the other ones. >> thank you tucker

is the synthetic windpipe for the surgery is not get fda approved. the approval process can take years. chris did not have time to wait. >> if you cannot take out the tumor completely, you cannot have a very long rate of survival. >> we spoke with the surgeon bruce geithner -- we spoke with the surgeon through skype. >> is a very good message that things can be changed. >> he has performed a dozen trachea transplants, the first 10 with organs from cadavers. june, he successfully perform the first synthetic trachea operation. chris was the second person in the world to get the artificial windpipe. >> is basically an experimental surgery, and i just had to do it to save my life. >> the doctor let an international team of doctors crew the surgery. the synthetic trachea was made in ohio. his own stem cells were harvested from his bone marrow to days before surgery. david green company, harvard bioscience in boston, made this device, the artificial when i was put inside here on a rotating spindle to prepare it for chris's body. >> it rotates in the stem c

the fda has not set lead limits for lipstick.he centers for disease control recommends that children avoid cosmetics containing lead. >> the truth is no level is for humans. particularly -- particularly pregnant women, women who are planning on becoming pregnant. >> reporter: of the 400 lipsticks tested, more than half had trace amounts of lead. the rest fall somewhere in between. the lowest include clinuque, black honey, hourual color juice and wet and wild's lip balm bahama mama and showing that price doesn't make a difference. >> and there is no telling as far as price and color, application types and to understand if there is lead in the lipstick or not. >> reporter: the fda have no safety concerns about lead and lip stick but there are online data cosmetic data basees to check if you want to be careful. the fda is considering setting the standards. canada has a limit, 10 parts per million. all the products fell under that amount. california, as you would imagine has a strict erstadard of five parts per million and only the t

the fda is working with the crackdown on counterfeit aavastin.o far the name of the country is being under wraps. it's easy for doctors to spot the fakes. there are obvious differences in packaging and labeling come beared to the real stuff here. so far the fda has sent warning letters to 19 medical practices. >>> a new study is raising questions about the level of lead found in lipstick. a food and drug administration found that more than 400 lipsticks currently on the market tested positive for lead. among the most offensive was lor loreal. despite the findings, officials say there is no cause for concern. >> just because there is lead in a product, does not mean that you are in danger. it causes a lot of lead over a long period of time to cause damage. >> the amount varied among brands and did not seem to be linked to costs. several advocacy groups are pushing the fda to put a limit on the amount of lead that can be used in lipsticks. >>> what does your breath tell you? a new test that's developed in mountain view that analyzes your breath to

the fda announced they will allow a replacement drug. it's virtually identical and imported from india. renee will likely be put on this medication. it doesn't solve the larger problem of the shortages. case and point, another trug in short supply is methotrexate. it's used for childhood cancers. they found an additional supplier and various companies agreed to increase production. a family said this may not solve their problems. this 12 year seen there is takitake ing methotrexate. kelly is a surgeon who treats cancer patients. thanks for joining us. how are you feeling? how are you doing? >> i'm doing fine. >> you are okay? you were diagnosed with leukemia in 2011. the nurses at the hospital said to think about your one wish for the make a wish foundation. what did you wish for? >> for my make a wish, i decided to make my wish that all the children with this could get the methotrexate they need. >> it's powerful. a.l.l. is the form of leukemia you have as well, right in. >> yes. >> obviously you are making this wish because not enough

the fda says hospitals are reminded to carefully clean and sterilize reusable medical devices. a patient's risk of acquiring an infection from a reprocessed medical device is very low. for john, what was supposed to be a six-week recovery has turned into a three-year nightmare. >> it changed my life and changed every aspect of it. thousands of days of waking up in pain. >> reporter: last summer the fda held a workshop for instrument makers and hospitals where the fda and cdc talked about the challenges of keeping up with cleaning complex instruments. now the same group will have to find a solution to keep up with this problem so surgeons and patients can enter the operating room knowing that the instruments they have to rely on are clean and safe, brian, it will be a monumental task. >> that will get your attention. nancy, thank you, as always. >>> up next, a woman bracing for history. >>> we want to show you some spectacular images of a partial solar eclipse seen from space. it's not like we missed anything here. this wasn't visible from earth. these were shot by nasa, by the

resolved because of what we can do at the fda is accelerate alternatives. >> that's welcome news, ofcourse, but the government accountability office tells us that the overall trend of more and more of these shortages, again, shortages we've been talking about, are likely to continue. remember these are critically important medications. another cancer drug also in the news this week, avastin. this week the fda said recent shipments to medical practices were, in fact, fake avastin, they were counterfeit. the good news is it's pretty easy to spot the difference. take a look at this. the packaging in specific, on your left, real avastin. that's produced by genentech. and the packaging is in english. the fake is on your right, it says it's produced by roche, and the writing is in french. the fda is checking into this and don't know whether any patients got the fake version. >>> also this week, some news i'm interested in about stem cells. pretty remarkable results from a clinical trial i first reported on in november. now the full paper is out. we had had a chance to look at it. doctors u

the fda debates giving dieters a new weapon in the battle of the bulge. >>> we're back with that story. plus more on your weather first in two minutes. we'll be right back. >>> good morning. welcome back to 9 news now. we say it's february 23 but howard says it's more like april 23. >> you want winter, you have to go to colorado. i was in steamboat springs for a weather conference. in the last 14 days they've had 83 inches of snow. they've had 48 inches in the last three days alone. >> ski country is happy. >> oh, my goodness. they're doing great. around here we're dealing with allergies. mold spores are low. that's kind of coming in a little bit several weeks ahead of schedule and temperatures way ahead of schedule. it's going to get chillier by the weekend. here's a look at our bus stop forecast. this morning, mike, i'm not even wearing the middle weight jacket. i just have the fleece. >> i saw a mosquito yesterday. >> i believe it. probably hanging out with that stink bug. incredible. partly cloudy, mild. 40s and 50s. sunrise at 6:50. then the day planner, well, sunshine, 52 at #k.

so, again, fda does not consider this to be a threat.er consumer groups say, you know what lead lipsticks on the mouth not a good idea. >> tested 400. who knew that there were that many colors. >> the brighter colors they were talking about? >> a question of the deeper colors, the brighter colors. fda did not make an assessment of that but said we are looking at it, we don't think it is a safety concern, but i think we will hear more about this. >> thank you, liz. >> thank you. >> thanks. >>> coming up on news4, a local military spouse receives a valentine's day makeover. here's before. we are going to show you the after, coming up next. >>> plus, police dash cam videos released on the arrest of singer randy travis, why he was so upset with the officer. >>> and for all of your news, be sure to follow news4 online, search nbc washington on facebook and twitter. >>> yesterday on news4 midday, it was a special valentine's salute for a special group of women. they are wives of soldiers and marines treated at local military hospitals. this he

the fda says users should inspect the spin brush for damage or loose bristles before each use.

but currently, there's only one fda approved drug for long-term weight loss. >> the fda has not approvedcal more than a decade ago. she says people like her need more options. >> there are these two medications that worked so well for me. i think it would be amazing for more people to be able to have access to this medication. >> she says the combo not only helped her lose weight, it helped her keep it off. randall pinkston, cbs news, new york. >>> in other news, a manager at a drugstore in washington state decided to fight back against a would-be robber and it's all caught on surveillance tape. take a look. the suspect entered the store on tuesday demanding drugs, but the manager wasn't going to take it. so she took out a can of pepper spray and blasted him right in the face. the suspect was arrested a short time later after his friends called 9-1-1 because he was in incredible pain. >>> coming up after your local news on "cbs this morning," former "friends" star, lisa kudrow. i'm betty nguyen. this is the "cbs morning news." kudrow. i'm betty nguyen. this is the thbs morning news. ". .

the fda may require that in advance. they also want to put a plan in place to prevent pregnant women from using the drug or likely to become pregnant. one of the big concerns, remember fen-phen, that drug back in the 90s caused a lot of controversy, lung problems, heart valve problems. one of the ingredients in fen-phen is also in qnexa so the fda wants to take a close look. the panel will make a decision. will take a vote. the full fda will make a final decision in april. >> thank you, tracie. >> a top republican presidential candidate on the defensive after several controversial comments. rick santorum seemed to compare president obama to hitler during a speech last night. this follows other comments he made on saturday where he questioned the president's faith. democrats slamming the former senator for going negative. santorum says his words were taken out of context. >> actually questioning the president's faith. that is a new low in american politics. >> i repeatedly said i believe the president is christian, he say

a the fda has rejected the pill before and today says it is still linked to potential heart problemsd birth defect. if approved, the drug will be the first new prescription weight also drug in more than a decade. doctors say a safe and effective pill is needed with obesity rates at 35%. >>> consumer warning about toothbrushes that can break your teeth. the fda says the arm & hammer spin brush sold under the crest label has parts that can break and cause chipped or broken teeth, mouth cuts and face injuries even the kids' version can be dangerous with reports of batteries leaving burns and bristles sticking to tonsils. so far, no recall, the fda is urging consumers to check any spin brushes they have for loose or worn parts. >>> the holiday weekend is upon us. >> looks like we'll be a little wet if you are hanging around here if you are going to the sierra we have snow on the way there. >>> also, was google tracking you? a report that accuses the silicon valley giant of spying on iphone and ipad users. >>> there are new accusation as that google was spying on those using apple safari

it was rejected by the fda due to some safety concerns. the company went back to the drawing board and now in 2012 the fda panel seems to be convinced that the benefits of the drug outweigh the risks. now, the ceo telling cnbc that he's very optimistic that the drug would be approved and he's targeting april 17th as the day of approval. now, mandy, if this drug is approved, vivus could get access to the market that could improve. saying a new weight loss drug is need today treat this growing epidem epidemic, according to the cdc nearly 33% of americans are obese. 67% are overweight. and by 2030, 51% of adults in america are expected to be obese. and 86% will be overweight. those are some pretty staggering stats. but if these projections are correct, this does create a very lucrative opportunity for vivus. >> i'm wondering who else is in this space. who would present any competition? >> there's a trio of players pushing forward approval of their very own diet drugs. at this point it looks like vivus is a front runner. anything can happen. a

we have to meet often with fda.e've had two 90-minute meetings now with the commissioner figuring out how do we get the kind of coordination, the collaboration, the communication. there's not enough information flowing between fda and the manufacturers and among the people in the supply chain. this is going to change rapidly. i'm telling you right now we're in a very positive trend in resolving this. >> let hope so. ralph, thank you. take care. >> thank you very much. >> all right. look at vivus. >> yeah. >> where's butthead? sorry. the fda backing its weight loss drug, qnexa, on its way to be the first approved prescription drug in a decade. connecti qnexa will have $3 billion that's what happens when you have a favorable ruling on a drug. >> this was an original battleground stock in the '90s. it was known for an erectile dysfunction drug, a pellet, actually, yes. but that was something. and they're moving along and doing a lot of other actually interesting developments. >> anti-obesity, it's a growing market. it

the fda, though, says it's not dangerous. but we wanted to tell you which juices and exactly how much pesticide. abc's senior national correspondent, jim avila, has been making the calls all day. >> reporter: these three-story-high tanks are filled with orange juice contaminated with a banned pesticide. tainted juice from brazil, mixed into the american supply chain, and already being sold in grocery stores across the country. fda tests inspected the pesticide, that in large doses can cause birth defects. in the storage tanks of major companies, like tropicana and minute maid, import and blend their products. they're stopping juice containing the same or lower levels of pesticide at the border. but the juice that's already here is being sold with fda blessing. toxicologists tell abc news, it would take much more tainted juice than one could drink, upwards of eight gallons a day, to bring on acute poisoning or lead to birth defects. the juice companies say it's too early to tell. consumers are backing off processed o.j. for br

it's about 1/7 whole grain. >> reporter: the fda has been promising to define whole grain since 1993,ut when we contacted the companies, some said they followed the existing fda guideline, such as they are. others said they continue to look for opportunities to add whole grain. so, how can you choose wisely? nutrition ilss say if the package boasts whole grain, double check the ingredient list and make sure whole wheel or another whole grain comes first. because even if you see the term whole grain, you still have to read the whole label. elisabeth leamy, abc news, washington. >> and we have posted an easy to follow guide that can help you decode all the different grain labels at the supermarket. you can find it at abcnews.com/worldnews. >>> and a warning today about a staple of the american diet, the center for diseases control said 9 out of 10 adults eat too much salt. and the number one source of their salt is bread and rolls. followed by deli lunch meat, pizza, raw poultry, from the supermarket and soups. there is not much salt in a slice of bread but the cdc said most americans e

tomorrow, the center for science and the public interest will demand that the fda define those terms,ecause right now, they have no legal meaning. that's right. by law, whole wheat bread must be made with 100% whole wheat flour. but any other wheat product could be made with this much white flour and this little wheat. and still be labeled whole wheat. same goes for whole grain. take this old london melba toast. >> there's actually twice as much white flour as whole wheat flour in this product. >> reporter: these eggo waffles say "made with whole grain" but contain more white flour than whole wheat. and jacobson says you can't tell by the beige color either. consider these lance crackers. >> they add caramel coloring. >> reporter: multi grain? also undefined. >> the only thing it means is that it has more than one grain. it doesn't mean that any of them are healthful. >> reporter: some products brag that they have at least eight grams of whole grain per saving, but serving sizes vary. so some advocates say that can be misleading. >> this is about the amount in a serving of pasta. so t

. >>> the fda says contaminated original juice from brazil is not dangerous and won't be pulled from market. the screws containses traces of -- the juice contains traces of an illegal fungicide. the government insists the juice is safe and pulling it from the market would cause more problems. critics say the contamination shows how vulnerable the system is. >> for in orange juice, we are really lucky. the real concern is that the next hazard that is going to enter through imported products. >> the fda says juice containing the fungicide will make its way to store shelves in a couple of weeks. >>> federal government wants to make it easier for all of us to learn about safety recalls. the consumer products safety commission is offering a free app to let us know about the safety of products we are using or thinking about buying. all we have to do is type the item's name into the phone and the app will tell you whether that product has been recalled. the app lets us know about recalls issued by the fda and nhtsa. >>> meteorologist mike nicco will have your forecast for the weekend twhfpl

>> the fda's hands are tied but they can't do much. they ask if the companies will stop producing the drug but can't demand the companies tell them. >> this could happen again, another shortage? >> is going to happen again. >> so what are we going to do about it? this seems unacceptable. >> this is from the fda this is about 115 trucks that's what -- 115 drugs are in shortage, because companies don't have to keep making a drug if it's not making them enough money. they can just decide to stop if they want to. >> so, is this the question of shareholders over patients? >> in some respects it is. now, there are a number of reasons for some of the shortages in some case, they can't get raw materials, in other cases it is very difficult technically to make the drug and somebody makes a mistake and that can delay production for three or four months, a goodly number of these drugs are affected by the fact that the bush administration, george w. bush administration, around 2003, actually set limits on what companies can charge for generic drug

. >>> the fda says contaminated original juice from brazil is not dangerous and won't be pulled fromarket. the screws containses traces of -- the juice contains traces of an illegal fungicide. the government insists the juice is safe and pulling it from the market would cause more problems. critics say the contamination shows how vulnerable the system is. >> for in orange juice, we are really lucky. the real concern is that the next hazard that is going to enter through imported products. >> the fda says juice containing the fungicide will make its way to store shelves in a couple of weeks. >>> federal government wants to make it easier for all of us to learn about safety recalls. the consumer products safety commission is offering a free app to let us know about the safety of products we are using or thinking about buying. all we have to do is type the item's name into the phone and the app will tell you whether that product has been recalled. the app lets us know about recalls issued by the fda and nhtsa. >>> meteorologist mike nicco will have your forecast for the weekend twhfplt