Vioxx's History and the Need for Better Procedures and Better Testing

28 Pages Posted: 1 Aug 2006 Last revised: 2 Jun 2013


When Vioxx was removed from the market because of risks found after approval, issues arose about the adequacy of FDA's authority and procedures to require warnings and testing for approved drugs. This paper examinies the regulatory and legislative history about the debate and the changes adopted by Congress in 2007 to strenthen FDA's authority. The agency has now been given authority to impose civil money penalties when needed changes are not made, but before this authority can be used the agency has to establish dispute resolution procedures about the changes needed. The article, published in 37 Seton Hall L. Rev. 941 (2007) considers the factors that bear on the type of dispute procedures that should be considered. The article also examines the value of encouraging better initial testing and comparative efficacy testing for drugs and the means to encourage that testing.

Keywords: drug legislaton, drug safety, Vioxx, FDA, Food and Drug Administration, drug testing

Suggested Citation

Gilhooley, Margaret, Vioxx's History and the Need for Better Procedures and Better Testing. Seton Hall Law Review, Vol. 37, p. 941, 2007, Seton Hall Public Law Research Paper No. 921366, Available at SSRN:

Margaret Gilhooley (Contact Author)

Seton Hall Law School ( email )

One Newark Center
Newark, NJ 07102-5210
United States

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