Justinian Lane

Quid Pro Quo? FDA Architect of Preemption gets hired by Glaxo

Ed Silverman describes Daniel Troy as the preemption prince - I can't think of a better name for him myself:

The preemption prince is joining the big drugmaker as senior vice president and general counsel on September 2. This is a coup for Glaxo, because Troy is widely known - some might say notorious - for being supportive of the pharmaceutical industry.

During his tenure as FDA chief counsel, Troy instructed agency staff to issue fewer warning letters in the belief that the missives were being ignored, which resulted critics say led to less effective enforcement of advertising violations. He also laid the groundwork for the current legal battle over preemption, which says FDA approval supercedes state law claims challenging safety, efficacy, or labeling. Drugmakers and the FDA argue preemption exists by maintaining agency actions are the final word on safety and effectiveness.

Source: Glaxo Hires Former FDA Chief Counsel Dan Troy // Pharmalot

One would assume that Troy's salary at GSK will be much higher than his salary at the FDA.  Whatever his salary will be, he'll be underpaid if his preemption policy is approved by the Supreme Court. 

Wouldn't it be nice if all regulatory agencies had a one or two year window before employees can go join the companies they used to regulate?  Most people support those restrictions for lobbyists, so why not for other employees who also have undue influence over governmental affairs?

UPDATE: I mistakenly thought Troy left FDA in 11/06 - Thanks to Ted Frank  for pointing out it was 11/04, so a two-year window wouldn't have applied to him in this case.  Regardless, I'm still troubled by the "revolving door" between pharma and FDA.

Justinian Lane: Author Bio | Other Posts
Posted at 5:13 PM, Jul 22, 2008 in Civil Justice | FDA | Federal Preemption
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Wouldn’t it be nice if all regulatory agencies had a one or two year window before employees can go join the companies they used to regulate?

Troy left the FDA in November 2004.

Posted by: Ted | July 22, 2008 5:43 PM

Really? I had it in my head it was November of 2006.

Thanks for the correction!

Posted by: Justinian Lane | July 22, 2008 5:58 PM

The revolving door is true of all government service, including the military. At age 19, one gets tremendous responsibilities, learns, matures.

Everyone then sells that experience for its real worth, about 10 times government salary. That is the sole logic for intelligent people to endure low wages, horrendous politics, oversight, and second guessing for a few years. Government service is a type of post-grad training.

Do you plan to apply for a judge clerkship or an ADA position? If you get one, what do you think it should be called, beside revolving door conflict?

Posted by: Supremacy Claus | July 23, 2008 7:04 AM

The closest I'm going to come to government work is volunteering with my local prosecutor's office to prosecute animal abuse cases pro bono.

I do agree with you that many people use government jobs as post graduate training.

Posted by: Justinian Lane | July 23, 2008 10:32 AM

Hi J - As you know, I also noted that DT left FDA in November, 2004, just after the reelection of GWB. "We won," he noted in his "farewell."

Still, he has been involved with the FDA Chief Counsel's office and remains the key architect of the "preemption preamble" which appeared a few years later.

So there is leaving.

And there is leaving.

Posted by: Justice | July 23, 2008 10:53 PM