A pile of rotting food on a table.

Revisiting an Old Proposal on Aesthetic Adulteration of Food

This Winter Session I am enrolled in Harvard Law School’s “Food and Drug Law” course. One of the topics covered in the first week of class is “filth”—a category including natural food adulterants like mold, insect parts, and rot.

As the FDA has noted, there is no feasible way to prevent some filth from getting into practically all of our food supply. Of course, the FDA has tools to address this problem where it causes actual harm. The FDA’s poisonous and deleterious substances controls empower the agency to preempt and remediate safety risks in food. And, through its “aesthetic adulteration” standards, the FDA is also empowered to address filth in food even where it causes no direct harm to human health.

Read More

child pictured from the back holding both parents' hands.

Baby Not on Board: Must Children Born Through Illicit Insemination Be Barred From Recovery?

By Jody Lyneé Madeira

A new reproductive technology case type is forcing state and federal courts to answer a difficult question: can a fertility doctor be sued for medical malpractice by a biological child whom he conceives in secret through artificial insemination, substituting his sperm for an anonymous donor’s without consent?

Shockingly, one court has now answered this question in the negative, finding that the donor-conceived child couldn’t have been the physician’s “patient” prior to conception.

This gravely unjust ruling allows doctors to deny responsibilities to the very children they were paid to help create. But there are ways to avoid these outcomes, both in existing case law and legislative remedies. Read More

Security and Health: Police as Key Players in Public Health

For more than a decade, a variety of scholars and practitioners in public health, policing and the broader domain of security have been stoking a conversation about the links between their disciplines and the need to do a better job integrating the disciplines and practices.

This week, The Lancet published a special series on Security and Health. A global set of authors, myself included, make the case that military and police forces should be recognized as key players, rather than intruders, in public health, and therefore we need these relationships to be backed by investment in partnerships and reform. Take a look. You may even be inspired to put the next global Law Enforcement and Public Health Conference on your agenda, set for Edinburgh in October.

 

What If the President of Nigeria Had Been Cloned?

In a helpful reminder that American politics are not the world’s only ongoing farce, Nigeria’s President Muhammadu Buhari felt compelled last month to deny rumors that he had died and been replaced by a clone. “On the issue of whether I’ve been cloned or not,” he said “I can assure you all that this is the real me.”

Exactly what a clone would say, no?

Although by all accounts there is (obviously) no actual evidence for what would have been a marvel of scientific achievement, what if he had been cloned? What if a sitting head of state of a constitutional democracy were replaced by a clone of himself during his tenure? Would the clone have a legitimate claim to power, or should the affair be treated as some kind of a high tech palace coup? Read More

Introducing the Global Health and Rights Project and Senior Fellow Alicia Yamin

Despite leaps in biomedical innovation in the developed world, inequalities in global health outcomes persist, as well as systemic barriers to public health and health services. However, the struggle for health rights and global health justice continues.

The Petrie-Flom Center for Health Law Policy is therefore thrilled to announce the launch of the Global Health and Rights Project (GHRP), which will promote theorization of a “right to health” under international law as well as applicable domestic law, challenges to using human rights frameworks to advance global health justice, the relationship between global economic and health governance, and more. Read More

Telemedicine. Image of a patient speaking to a doctor on a mobile phone.

Telemedicine Adds a Wrinkle to Latest New Mexico Legislative Debate on Aid in Dying

Then-Senate Majority Leader Bill Frist was roundly criticized in 2005 for declaring that Terri Schiavo, a Florida woman who had gone into cardiac arrest at age 26, was “not somebody in persistent vegetative state” after viewing videotapes of her condition. The tragic situation is mostly remembered as a low point for federalism and end of life policy.

But there is another issue stemming from the debate that ought to be considered. Although Frist backed away from calling his review of videos an actual diagnosis, it is interesting to think how the use of technology to make a remote determination of a patient’s condition has changed since Frist made his assessment.

Indeed, over a decade later, a New Mexico bill is proposing the opposite: allowing individuals with a terminal illness to utilize telemedicine consultations to seek aid to end their lives. It is not surprising that New Mexico lawmakers would consider telemedicine as part of their proposal. Given its geography, the state has embraced telemedicine as a means of expanding access, and innovative workforce initiatives such as Project ECHO were birthed there.

Read More

thumbprints on glass

Ethical Concerns of DNA Databases used for Crime Control

By Aziza Ahmed

Genetic databases for crime control have become a national topic for debate after the arrest of the Golden State Killer, also known by his real name, Joseph James DeAngelo.

At the time of his arrest, DeAngelo was 72 years old and had committed more than 50 rapes and 12 murders. While his arrest was celebrated as a law enforcement victory, a host of questions emerged because of the way law enforcement officials eventually found DeAngelo: through a combination of traditional detective work and utilization of data from a crowd-sourced genetic database. In this case, police searched GED-Match, a website created by the Mormon church where users can share genealogical information and find “familial” DNA matches

The Golden State Killer case reignited numerous debates on the issue of DNA searches and the use of DNA evidence, but with a twist. The big question is, should investigators utilize genetic databases, whether run by the government or by private agencies and individuals, to identify the families of suspects, if doing so will lead them to the culprit?

Though the opportunities for crime-solving by utilizing DNA database searches may be vast, new technologies and innovative uses of them do not occur in a vacuum. Instead, novel uses of technology demand consideration of a vast number of ethical issues, and mandate careful interrogation of the potential impact of DNA databases on crime control. Read More