>> necc is register at his -- >> i'm talking about necc. today, in your opinion, your opinion, this is the crux of the hearing now, in your position today that the necc was at a manufacturing pharmacy and get no jurisdiction over its business activities, is that your position today, yes or no? >> is the subject of an ongoing investigation. >> you have been telling us all day today you have no jurisdiction. >> i cannot characterize that while there is a criminal underway. >> is a your position today the fda could not a prevented this tragedy because you did not have jurisdiction? is that which were telling me to a? >> i, you know, i'm sorry come we can speculate -- >> you are in charge of the fda. you're the chief honcho. i'm asking you, basically could you prevented this tragedy, and you think you can't -- >> you know, it's very hard to know if anyone action that we might've taken could have stopped this terrible tragedy. i wish that i could identify what that would be. what i can speak fda did nothing wrong, in your opinion? >> no. what i'

like the necc. mr. chairman, i want to yield the balance of my time. >> the gentleman from michigan is recognized. with the consent -- unanimous consent -- but you can have an additional two minutes. we have an additional two speakers that will speak each a minute apiece after you, if that is unanimous consent accepted. >> i do thank you. >> unanimous consent so ordered. the dean of the house is recognized for three minutes. >> i think you and i commend you for holding this hearing. i am happy with the speed with which the committee has responded. i note that my home state of michigan leads the country in the number of cases related to this fungal meningitis outbreak, with 129 patients affected and nine deaths. the individuals and their families deserve answers as to how this was able to occur. we also need to encourage the pharmacies to purchase fake pharmaceuticals. the new england compounding center which has a long history of stability issues and significant other problems was not properly regulated

necc was contaminated with bacteria. after those cases officials from the fda and medical pharmacy board met for the conduct and made a prophetic statement the potential for serious public health consequences if necc compound dean practices relating to sterile products are not improved" end quote. even though they were aware of the risks posed by their practices, they were simply slow to act. took 584 years finding problems with the sterility practices with the food drug and cosmetic act to issue a simple warning letter. the company challenged the charges. it took fda another two years to respond to the company's claim when they finally did respond six years later it director the company to correct the violation and warned it would follow up with future inspections but they never did. night even after the colorado board pharmacy notified the agency necc was sending drugs to out of state hospitals without first receiving prescriptions and the fda did not refer them to the massachusetts board for follow-up. what would have

they went in to necc. they found some problems and there was a whole series of investigative efforts after that. correct? and one of the issues in this case and in other cases was whether the f.d.a. even had authority to be investigating complaints whether or not this particular manufacturer fell under the appropriate criteria. right? >> with respect to the public health threat that was identified in 2002, we went in and aggressively investigated and worked with the state of massachusetts to get those contaminated products recalled to prevent ongoing damage to patients. then because this was a compounding pharmacy with the primary responsibility for oversight resting with the massachusetts state board of pharmacy, they were responsible for the efforts -- >> who is they? >> the massachusetts state board of pharmacy. >> massachusetts was responsible because it was a compounding farm sifment >> it was a compounding pharmacy. >> so in other cases not particularly necc but in other dayses when the f.d.a. tried

had the authority to shut down necc, yes or no? >> that is a very, very complex question in that the -- >> you can't answer that question then? >> for the framework of f.d.a. activities. very, very clear. >> if you aren't going to answer the question -- >> can she answer the question? >> she's not answering the question. i asked her yes or no and she won't answer the question. this -- you can answer the question. >> the answer to your question is that even on much smaller regulatory actions, the f.d.a. authority to act was contested, even going into necc to do that inspection in 2004, we did not -- >> i'm asking the questions and i only have so much time. you issued the letter in 2006. you said you were going to shut it down if they didn't improve on the quality assurance. was that an empty threat? did the f.d.a. have the responsibility to shut it down? >> the warning letter concerned first and foremost, an issue that had to do with making copies of a commercially -- >> we have a different interpretation of my question. when the f.

we called necc looking for comment. they didn't respond. the fda is out with a statement said it needs its authority to strengthen and looking forward to working with congress to see that this never happens again. jim axelrod, cbs news washington. >>> fall outthis morning from hurricane sandy, the chief operating officer of the long island utility company that took so much heat for its response to the storm is stepping down. sandy knocked out power to more than a million long island power authority customers. some 10,000 still don't have electricity. lipa has taken criticism for how long it took to make repairs. >>> appliances and natural gas maybe to blame for the explosion in indianapolis. two people were killed. the owner of the house at the center of the explosion says the furnace had been having problems. >>> a quick break on this wednesday morning. when we come back dramatic dash cam video, new details showing police officers confronting a gunman and saving lives at a shooting at a sikh temple in august. this is the "cbs morning news.

the necc, that is what some of the complaints were about. they were sending people to the market to do things that a drug manufacturer would do, send someone out. host: on our line for independents, eric. caller: good morning. i think that if you get the product from the manufacturer and you change the product, you are also manufacturing. how can that not be clear with anybody? guest: the idea is that the pharmacies sometimes are allowed to extract -- if someone is allergic to a preservative or a color, they are allowed to extract that. it is the idea that when you are copying drugs already approved, that is considered manufacturing. or you are extracting an ingredient, but making it a mass scale, maybe that is manufacturing. it is considered compounding if you're extracting an ingredient or changing it if it is for a specific patient. host: ohio, democrats line. caller: my response is this, we hold people responsible. we never hold companies and corporations responsible. i would like to see them criminally charged. we charged a 14-year-old

necc had no comment about today's hearing but has said it's cooperating with all investigations.illie? >> all right. lisa myers, thanks very much. savannah. >> the friday after thanksgiving has long marked the traditional kickoff of the holiday season but a number of retailers are getting a jump on it by moving it to thanksgiving day, a decision not sitting well with some people. nbc's diana awfvilar has more. >> reporter: it all started with one target worker who felt the change in hours was unfair, so she wanted to stand up to her fellow employees and start an online petition that's getting a lot of attention. >> will you join me and ask target to give thanksgiving back to the families and not open thanksgiving evening. >> reporter: this sales associate has a simple demand. >> target can take the high road and save thanksgiving for employees like me and our families by saying no to thanksgiving creep. >> reporter: she was talking about the news that this year target, walmart, toys r us and other big retailers would kick off black friday on thursday evening. with two jobs to mak

necc.../ much... like wateegate... was for... mr nixoo??verything is in hd hold bin please export as wbffólibyaówatergate][pre-pro with attack morphing into watergate] 3 presidency in 1974. 3 3presidency ii 1974.richard nixon the presidency in 1974. 3 presidency ii 1974.richard nixon tte 3&ppresidency in 1974. if... the... congressional commiitee... fiids the ggvernment... intentiinally.../ hid... news... of a terrorist who... should be held responsible?the... preeident?or ... ánoá... one... at all.?go... ... slash fox ballimore.../ eaalier weetold youuabout the fight ovvr legalizing marijuana..comments that barack obama made eight yeers ago and voter approval in cclorado and wwshingtoo state are putting new foccs on that d. debate. and its our question of tte day...is it time to legalize maaijuana? marijuana? jeffery writes on ourrfacebook page...."no. we already have too many idiots as it is." finest could concenttate oo s - our real problems." a biggresponse on this qqessioo so far....and so far most of you think legalizinn marijuann is

camera driving on the sidewalk to avoid stopping ffr a school bbs.what she will now wear around her necc as and a mother s furious aater a policeeofficer issues her toddler aaticket!thh public act the child waa performing that got im finnd. 3 --adblib weatherr z-- aa ohio woman... who is infamous for driving on avood a stopped bus... o reccives and unusual 30 ays, pay 250-ddllars in court costs...plus stand at the same intersection with a sign that reads " only an idiot woold ddive on the pus."sse has to do hold it for pays.ur a day... for the two p mother i oklahoma iss speaking out today... after er toddler son was tickeeed pooice. the boy's mother is being fined 22-hundred urination....aftee her son &pul urinated. despite objections frommthe mmther... ticket. parden says: "i said realll he is ttree years old and hh said it doesn'' matter. it is aae on our propeety anddhe said its innpublic view. " "the family plans oo ighting the ticket... since thee ollce officer stopped the boy before he could finish urinaaiig. do you have reeiepts, documents or evenn business cards layinggaroond th

resident is one of the victims who survived purity said his health will never be the same and he once necc to be forced to answer to the federal government. >> if it is proved that they are guilty, and i think it every penalty that can be brought against them. >> lawmaker said what legislation passed as soon as possible. no word on whether or not that will happen during a session geared in the newsroom, drea olabanji, abc 7 news. >> thank you. a cold start to the morning. things of a warm up a little bit. let us check in with the jacqui jeras and see a much warmer it is going to get. >> not a lot. it looks great. but we do have a brisk wind. our temperatures might be 46 at reagan national but it feels like 43. and look to the west, still 39 in petersburg, 37 and cumberland. 36 in winchester. pacs the skies are clear so is absolutely beautiful. but the north wind will give us on the cool side, not just today. but for a nice spell of cool weather. it will block everything out of our area. traveling today? not showing any delays at the airport at this time here our express forecast, sunshine

. >> necc knowingly disregarded sterility tests, prepared medicine in unsanitary conditions, and violated pharmacy license. >> federal health official asked lawmakers to strengthen standards for nontraditional compounding pharmacies. >>> we use our phones for almost everything now days. so how about to quit smoking? if you smoke, you can get help to quit from text messages sent right to your phone. a new study compared quit rates of smokers who were given online and phone call support to those who were sent daily motivational messages and advice through testing. at six months, the texting group was twice as likely to be smoke-free. researchers point out that none of the studies included smartphones, and say there is great potential for new apps which are designed to help people kick the habit. >>> daily meditation may reduce heart attack, stroke and death among african-americans with heart disease. a new study compared patients who attended a health education class with those who practiced twice daily meditation over a five-year period. the study found those who meditated daily were 48% l

the committee also called on the president of necc, barry caden. in fact he is on the stand right now. he tried to invoke his fifth amendment rights, he is refusing to testify. the committee is still going on the panel asking him question after question and in response each time he invokes his fifth amendment rights not to testify. the committee hearing continues. jenna, back to you. jenna: hopefully there are answers that serve us eventually. jonathan, thank you. >> reporter: certainly. rick: coming up a suspect arrested in a terrible plot. you will not believe he who he wanted to target. the investigation into a tragic plane crash that killed three people. when you find out where that flight was going this story gets even more incredible aft live report straight ahead. and you pick the price that works for you. great. whoa, whoa, jamie. watch where you point that thing. [ mocking ] "watch where you point that thing." you point yours, i point mine. okay, l-let's stay calm. [ all shouting ] put it down! be cool! everybody, just be cool! does it pri

. >> massachusetts officials say necc went beyond its scope as i pharmacy and behaved more like a mass manufacturer. congress is likely to debate whether this is an isolated case best handled by the courts or additional legislation is needed to beef up the oversight of compounding pharmacies. >>> a numbers error at gw university that has some students upset, even regretting their decision to go there. >> i think it was of a decade- long mistake just in the methodology. that is a little bit disconcerting. i don't think i'll be enrolling in any statistics classes any time soon. >> we'll tell you how a calculating error means the school is no longer on one prestigious list. >> temperatures in the 30s and low 40s. got some clouds rolling across the area at the moment. julie wright has a look at traffic. we'll do it in just a couple of minutes. ♪ ♪ we were skipping stones ♪ and letting go ♪ over the river and down the road ♪ [ female announcer ] at nature valley, we know nature comes together in amazing ways. that's why we bring together natural ingredients, like dark chocolate with toasted

to colorado, which reportedly violates necc's colorado and massachusetts licenses. >>> other medical if you're taking stattens to keep your cholesterol down -- >> i am. >> -- you might be getting other benefits too. they could also help reduce your chances of dying from cancer. >> that's great news! that's better than good. >> these statins keep cancer cells from growing and can make them more treatable. the study is out today in the new engla"new england journal o medicin medicine". >> i love personalizing the news. what else do you have for me? >> more news, with certitude, anthony weiner is back on twitter. >> why? >> he posted his first tweet yesterday since resigning nearly 18 months ago. you'll remember, he sent a racy picture to someone on the social network. his tweet, yesterday, for a good cause. it included a link to a youtube video, raising awareness for victims of sandy in the rockaways, which was part of his old congressional district. so that was for a good cause. it was! >> should he be banned from twitter for life? >> first of all, you know i'm not for banning anybody

plead the 5th. 32 people have died another 450 are sick after receiving the tainted shots made by the necc. also to take the stand the head of the fda and a widow of a judge who died from fungal meningitis. a florida socialite connected to david petraeus and the scandal tried claiming she was a diplomat when she called 911 about someone in her yard. >> by any chance i am honorary council general so i have vie >> in the past several days several other calls from kelley's home about possible trespassers on her property. that is your 5@5:00. >> john allen continues the world. they held the first news conference set for reelection. tomorrow's hearing on benghazi the president will safe tough questions later today. peter tell us about this. >>> so far the white house has been saying president obama has been totally in the dark or was totally in the dark. the director of the cia was under investigation until a week ago last wednesday is when they say he found out. even so that investigation ban months ago. >> it is simply a fact that the white house is knottednot aware situation regarding genera

the president of the necc was subpoenaed to appear before the committee. but that's all he did. >> i respectfully decline to answer on the basis of my constitutional rights and privileges. >> reporter: compounding pharmacy can fall into a regu r regulatory black hole. investigators say the new england compounding center was acting more like a major drug manufacturer, and should have been regulated as such. >> how many companies are out there labeled as compounding pharmacies that ship 17,000 doses of sterile preservative-free steroids every year? >> the problem is that -- >> how many? the question is how many? >> we don't know. >> reporter: whether the outbreak could have been prevented is up for debate. now the fda is asking congress for strength and authority over compounding pharmacies in an effort to make sure it doesn't happen again. erica edwards, nbc news. >>> are your children growing too much or too little? coming up, dr. jackie tells us what your height has to do with your health. >>> caught on video today, a man rescued after falling onto the tr

. >> massachusetts officials say necc when beyond the scope as a pharmacy and beheyed more like a druganufacturer. producing mass quantity of medication for interstate sale. congress is likely to debate whether this an isolated case handled by the courts or additional legislation is needed to beef up the federal government oversight of compounding pharmacies. chris? >> chris: jonathan, thank you. >>> the head of the long island power authority is resigning after coming under intense criticism for the utility response to hurricane sandy. michael herve leighs at the end of the year. lipa still not restored power to 10,000 customers of the 1 million who lost electricity two weeks ago. >>> three pilots flying to an faa safety conference were killed tuesday when their airplane crashed in a house shortly after take-off. it happened near hawkins field airport in jackson, mississippi. a police officer says the plane sputtered like it was out of fuel and then went down. the plane's owner who was supposed to be on the flight decided to go hunting instead. >>> well, a bit of irony surrounding dav

the necc sister company has a host of problems.s range from manufacturing, to sterilety and quality control. they found leaky ceilings, insect and unsanitary conditions. ameridose said in a statement monday it will work to address the issue. a battleground state cuts food stamp benefits two days after the election. victoria's secret ruffles feathers. grapevine is next. that's one smart board. what else does it do, reverse gravity? [ laughs ] [ laughs ] [ whooshing ] tell me about it. why am i not going anywhere? you don't believe hard enough. a smarter way to shop around. now that's progressive. call or click today. [ grunting ] playing sports is just my whole life. looking back, if it wasn't for shriners hospital, things would just be really, really different. i lost my leg when i was a kid. there was a time when i felt like i wasn't going to be able to walk again... it was a pretty bad accident but shriners showed me who i could be again. they turned my whole life around. they call it 'love to the rescue' and it really works. hun

we know for example that the company itself, necc, knew back in injury of this contamination and thesell shipped out. obviously a huge problem. there's lead investigators, the fda, the commissioner is going to testify as well and also, family members of patients who were affected by this. >> i dare to tread into this territory as congress just tries to begin to get the the answers gindz this investigation, but my thought is that the state officials in massachusetts are also looking at this because with 32 people dead and as you just said, knowledge of these bad batches of medication going out, you know, some people would say there's grounds for manslaughter charges here. >> this is one of the initial hearings, obviously, but i have heard that tossed around as well. the how it happened will be something to come out of this, what the regulatory authority, sort of the second part of your question, is really interesting, actually, because, you know, we've been looking into this as well a little bit. we find that one lead investigator is saying that the fda ignored warnings about this facil

it was founded by the same pair of brothers in law that created necc and one of those founders, barryto testify before a congressional hearing tomorrow. rick: thanks so*efp. jenna: school district across the country are struggling to find ways to save money. one school hockey league caused an uproar with its plan to put a show of patriotism on the shopping block. since super storm sandy thousands are calling shelters homes. what is being done to take care of those who have already lost so much. we will take you inside a shelter and introduce you to those who are helping. ou like w. and you learned something along the way. this is the age of knowing what you're made of. so, why let erectile dysfunction get in your way? talk to your doctor about viagra. 20 million men already have. ask if your heart is healthy enough for sex. do not take viagra if you take nitrates for chest pain; it may cause an unsafe drop in blood pressure. side effects include headache, flushing, upset stomach, and abnormal vision. to avoid long-term injury, seek immediate medical help for an erection lasting more t

>> yeah, necc coowner barry cadden was supposed to testify both at this hearing and also at a similarcommittee hearing yesterday. he was called under subpoena. however yesterday in response to each question on the house side he took the fifth. listen. >> what explanation can you give -- >> i respect lee decline to answer. >> what do you say to all of these patients. >> i respectfully decline to answer on advice of counsel. >> will you invoke your fifth amendment rights in response to all questions today in. >> yes. >> reporter: mr. cadden is expected to return to the senate side today but most people expect that once again he will take the fifth. martha. martha: that makes you wonder. thank you very much, jonathan. jonathan serrie. gregg: a big meeting at the white house tomorrow about the u.s. economic situation and possible tax increases on 88% of households all over america in about one month. a top union leader just saying there is no real urgent short-term crisis. we'll have a fair & balanced debate on that. martha: a small plane safely makes hen emergency landing on a california

lot of people involved with these hearings today including the gentleman there at the head of the necc what their role was in all of this, what regulations and regulatory oversight should have been there. i'll tell you one thing you may have already known this, the company itself knew about this contamination dating back to january. >> and continued to dispense? >> even while some of these were being dispensed. that's obviously a big concern. and there was a massive contamination that obviously took place there. i visited this particular facility, spent some time outside there. you're looking at images actually from outside the particular -- >> i remember that. it's powerful. >> it's hard to say exactly how this contamination occurred. we heard about air conditioners turned off at night despite needing to keep a constant temperature. water on the ground could have been a source for the mold as well. the big question that came out today, fred, i think was who was in charge here? >> uh-huh. >> the fda has had citations for this particular facility dating back to 1999. but it was never sh

he's likely to plead the fifth. 30 people have died, 450 sick after receiving tainted shots by the neccight. watch this. magic cheerleader, jamie wood, being lifted onto her partner's shoulder, fell, landing on her head. she was put on a stretcher and rushed to the hospital. her fall causing a delay in the game, which the knicks ended up winning. look at this picture. she has her hands up there. she was able -- alert and able to wave to the crowd as she went away. >> steve: hope she's okay. this video will make you gasp. a horrific crash flips an suv. inside the suv, a three-year-old girl and her mother were trapped. witnesses rushed to the scene after hearing their screams for help. amazingly, one man was able to free the little girl as she dangled from her car seat while the rest of the group stepped in to save the mother from the vehicle. both are now recovering at home. >> brian: panic break out at a community college campus in texas after several guns went off. you hear that, you run. >> steve: absolutely. >> brian: in this surveillance photo, you can see a man dressed if full gear