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Tuesday, February 7, 2023

Baby Formula Industry Slammed for Marketing, Lobbying Tactics in WHO Report

 Makers of infant formula use misleading marketing and aggressive lobbying tactics to drive sales in a $55 billion-a-year industry, according to a three-paper series from the World Health Organization.

Manufacturers make unsubstantiated claims about their products, such as that they are very similar to actual breast milk, say the WHO papers published Tuesday in The Lancet medical journal calling for an industry crackdown. New products, such as hypoallergenic or organic formulas, are also sometimes marketed with the implication that they have special benefits and are sold at premium prices, the authors said.

The US infant formula supply has been scrutinized since a recall by Abbott Laboratories that was linked to contaminated products led to a nationwide shortage. Yet concerns about the global industry’s outreach, particularly in developing countries, goes back to the late 1970s, when women were discouraged from breastfeeding their children, the WHO says, denying them key health benefits needed in childhood. That problem remains despite public-health efforts to get more women to breastfeed, according to the Lancet series.

“The formula milk industry uses poor science to suggest, with little supporting evidence, that their products are solutions to common infant health and developmental challenges,” said Linda Richter, a developmental psychologist at the University of the Witwatersrand in South Africa. The technique violates the WHO’s 1981 International Code of Marketing of Breast-Milk Substitutes, which advises against free samples and sets standards for labeling, said Richter, who helped write the reports, in a statement.


Senators question Zuckerberg about whether Russia, China accessed Facebook user data

 The top Democrat and Republican on the Senate Intelligence Committee sent a letter to Meta CEO Mark Zuckerberg this week, questioning him about how much access Russian and Chinese developers had to private user data. 

Sens. Mark Warner, D-Va., and Marco Rubio, R-Fla., cited court documents from an ongoing court case that noted "hundreds of thousands of developers in countries Facebook characterized as 'high-risk,' including the People’s Republic of China (PRC), had access to significant amounts of sensitive user data." 

"As Facebook’s own internal materials note, those jurisdictions 'may be governed by potentially risky data storage and disclosure rules or be more likely to house malicious actors,' including ‘states known to collect data for intelligence targeting and cyber espionage,’" the senators wrote. 

"As the Chairman and Vice Chairman of the Senate Select Committee on Intelligence, we have grave concerns about the extent to which this access could have enabled foreign intelligence service activity, ranging from foreign malign influence to targeting and counter-intelligence activity."

Newly unsealed court documents related to the company’s Cambridge Analytica data scandal show that in 2018, an internal investigation identified 86,961 Chinese developers, 42,078 Russian developers, and 2,533 Iranian developers who at one point had access to Facebook’s Application Programming Interface (API). 

TickerSecurityLastChangeChange %
METAMETA PLATFORMS INC.191.62+5.56+2.99%

Third-party developers can access some user data through the company's API, which is used to create other applications and services. 

A spokesperson for Meta Platforms, Facebook's parent company, noted on Tuesday that the locations of the developers were from before 2014. 

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"These documents are an artifact from a different product at a different time," Meta spokesperson Andy Stone told Fox Business. "Many years ago, we made substantive changes to our platform, shutting down developers’ access to key types of data on Facebook while reviewing and approving all apps that request access to sensitive information."

Meta agreed to pay $725 million last month to resolve a class-action lawsuit stemming from the Cambridge Analytic scandal. 

The social media giant was accused of allowing Cambridge Analytica, a British political consulting firm, to access data of as many as 87 million users. 

https://www.foxbusiness.com/politics/senators-question-zuckerberg-whether-russia-china-accessed-facebook-user-data

Just a quarter of hospitals fully compliant with price transparency rule

 A new report found that just about 25 percent of hospitals are fully compliant with a federal price transparency rule that requires all hospitals to post their prices online in an accessible and searchable format.

The report, published by the Patient Rights Advocate on Monday, said that it surveyed the websites of 2,000 large hospitals across the United States to determine whether they were compliant with the federal Hospital Transparency Rule that was implemented at the start of 2021. The report said that about 75 percent were not compliant with the new rule, and even though the majority posted files, “the widescale noncompliance” was “due to most hospitals’ files being incomplete, illegible, or not having prices clearly associated with both payer and plan.”

The report also found that 6 percent of hospitals had not posted any standard charges files and therefore were in total noncompliance.

“This noncompliance obstructs the ability of patients, employer and union purchasers, and technology developers to comparatively analyze prices, make informed decisions, and have evidence to remedy errors, overcharges and fraud,” the report reads.

The report also said that none of the hospitals from the country’s largest hospital system, HCA Healthcare, were in compliance.

“This blatant obfuscation of prices and flouting of the rule demonstrates that implementation and enforcement efforts must be rigorously examined and markedly strengthened to improve compliance, enable technology innovators to parse the pricing data, and empower American consumers with upfront prices,” the report reads.

The report did show an increase of compliant hospitals from previous reports released by the Patient Rights Advocate. In August 2022, just 16 percent of hospitals were compliant with the new rules, according to the report.

https://thehill.com/policy/healthcare/3846151-just-a-quarter-of-hospitals-fully-compliant-with-price-transparency-rule-report/

GOP senators submit amicus brief to Supreme Court arguing against student loan relief

 More than 40 Republican senators have filed an amicus brief to the Supreme Court arguing against Biden’s student loan relief plan. 

The Republicans, including the ranking member of the Senate Committee on Health, Education, Labor and Pensions (HELP), Sen. Bill Cassidy (R-La.), filed the brief on Friday for both student loan cases in front of the Supreme Court: Biden v. Nebraska and Department of Education v. Brown. 

The senators argue in the brief that Biden does not have the unilateral authority to cancel debt as he is trying to do. 

“President Biden’s student loan schemes do not ‘forgive’ student debt, but transfers it onto Americans who chose not to go to college or worked hard to pay off their loans,” Cassidy said. “These policies are a clear overreach of President Biden’s authority and unconstitutional.”

Biden’s student debt relief is estimated by the Congressional Budget Office (CBO) to cost taxpayers $400 billion. 

The Biden administration has maintained that it has the authority to unilaterally cancel debt through the Higher Education Relief Opportunities for Students (HEROS) Act, which it argues allows the administration to cancel debt during a national emergency, such as the COVID-19 pandemic. 

Republicans have rejected that argument, saying the act does not apply to the current situation and that Biden needed authorization from Congress to attempt to cancel up to $20,000 in debt for student borrowers. 

“The HEROES Act cannot plausibly be read to authorize the forgiveness of loan principal that places borrowers in a better position financially than before the emergency, much less to cancel half a trillion dollars in loan principal as the Secretary attempts to do here,” the senators wrote in the amicus brief. 

The oral arguments for the two student loan cases will be presented in front of the Supreme Court later in February, with a final decision likely to come out in May or June. 

The Republicans filed their brief the same day President Biden is set to give the State of the Union address, where he will likely mention student debt relief.

https://thehill.com/homenews/senate/3847140-republican-senators-submit-amicus-brief-to-supreme-court-arguing-against-student-loan-relief/

Federal judge suggests abortion may still be protected by 13th Amendment

 A federal judge this week suggested abortion could still be federally protected even after the Supreme Court’s overturning of Roe v. Wade last summer, according to court filings.

U.S. District Judge Colleen Kollar-Kotelly, who was nominated by former President Clinton, asked the parties in an ongoing criminal case on Monday to file briefs on whether the high court considered the entire Constitution in overturning Roe, or if it only found the 14th Amendment didn’t confer abortion rights.

Despite the landmark Dobbs v. Jackson Women’s Health Organization landmark decision, the judge went on to suggest that the 13th Amendment — which abolished slavery and involuntary servitude — could perhaps cement abortion rights.

“Here, the ‘issue’ before the Court in Dobbs was not whether any provision of the Constitution provided a right to abortion,” Kollar-Kotelly wrote. “Rather, the question before the Court in Dobbs was whether the Fourteenth Amendment to the Constitution provided such a right.”

Her filing came in response to a defendant seeking to dismiss charges of conspiring against rights and violating the Freedom of Access to Clinic Entrances Act.

Lauren Handy, an anti-abortion activist, is accused of unlawfully blocking access to an abortion clinic in Washington, D.C. She argues the statutes protecting clinics are premised upon abortion being a federal right.

“There is no longer a federal constitutional interest to protect, and Congress lacks jurisdiction. For the same reason, the Court here does likewise,” Handy’s attorneys wrote to Kollar-Kotelly.

Kollar-Kotelly responded on Monday by saying she was “uncertain” that no provision of the Constitution protects abortions, and she asked the Justice Department to opine on the issue in writing by March 3.

If Kollar-Kotelly were to ultimately rule that the 13th Amendment protects abortions, however, the decision would likely be appealed to the D.C. Circuit Court of Appeals.

“Mindful that this Court is bound by holdings, and in consideration of the Supreme Court’s longstanding admonition against overapplying its own precedent, it is entirely possible that the Court might have held in Dobbs that some other provision of the Constitution provided a right to access reproductive services had that issue been raised. However, it was not raised,” Kollar-Kotelly wrote.

https://thehill.com/regulation/court-battles/3847032-federal-judge-suggests-abortion-may-still-be-protected-by-13th-amendment/

Strong core growth offsets dwindling COVID-19 demand for Qiagen

 Medical diagnostics company Qiagen offset a sharp fall in demand for COVID-19 products at the end of the year with a strong performance in its core businesses, the company said, announcing its full-year and fourth quarter results on Tuesday.

Fourth quarter revenues came in at $498 million, a 14% fall compared with the same period last year. Revenues from COVID products fell 64% to $66 million, but this was offset by strong growth in non-COVID products, where revenues rose 8% to $432 million.

For 2023, the molecular diagnostics test maker expects revenues of $2.05 billion, compared with $2.14 billion for 2022, and an adjusted profit per share of $2.10.

"We have positioned Qiagen well to successfully navigate 2023's volatile macroeconomic environment," said Chief Executive Thierry Bernard. 

https://www.yahoo.com/now/strong-core-growth-offsets-dwindling-210500265.html

Carlyle in talks to buy health tech firm Cotiviti for $15 billion

 Carlyle Group Inc is in talks to buy private healthcare technology firm Cotiviti Inc from Veritas Capital for up to $15 billion, including debt, a person familiar with the matter said.

The private equity firm is looking to partner with another investment firm to pull off the deal, and is also in talks with direct lenders to arrange $5.5 billion of debt financing, according to the person.

If the arrangement goes through, that would be one of the largest ever direct loans, or non-bank buyout loans arranged in the private credit market, according to Bloomberg News, which first reported on the talks.

Atlanta-based Cotiviti provides payment accuracy and analytics services to health insurers and other healthcare companies.

Cotiviti, which went public in 2016, was acquired by Veritas in 2018 in a take-private deal valued at $4.9 billion, as the PE firm looked to expand its Verscend healthcare IT business.

Carlyle, Veritas and Cotiviti did not immediately respond to Reuters requests for comments.

https://finance.yahoo.com/news/carlyle-talks-buy-health-tech-164407541.html