FDA Investigation!

Anonymous

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“The main purpose of the test is to maximize performance in the minimum amount of time and minimize risk,” said Bill Miller, chief executive of American International Biotechnology Services in Richmond, which began selling the test three weeks ago.

Critics, however, see the kits as the latest in a flood of questionable genetic tests that entrepreneurs are hawking. No one can accurately gauge the influence of genes on athletic abilities or vulnerabilities, they say. The results may be needlessly alarming or falsely reassuring, they say. Skeptics also fear that the trend will encourage overzealous parents and coaches to push kids into sports they dislike or discourage them from physical activities they enjoy — and might succeed at — despite their genes.

“This is really disturbing,” said Lainie Friedman Ross, a pediatrician and bioethicist at the University of Chicago. “Sports and physical activity should be fun for kids. It shouldn’t be, ‘You’re going to be the world’s greatest athlete’ or ‘Give up now, kid, because you won’t have a chance’ because of your genes.”

FDA as referee?

The growing availability of mail-order DNA scans has spurred excitement about finding genetic clues to ancestry, health and proclivities. But the testing has also raised alarm because genetic data can be misleading, misinterpreted and misunderstood, and it can leave consumers vulnerable to discrimination by employers and insurers.

The plethora of tests has prompted the Food and Drug Administration to begin stepping in, causing one company last year to abandon plans to sell a genetic screen at Walgreens stores, others to discontinue offering tests directly to consumers and some to begin working with the agency to validate their methodology.

On May 11, the FDA sent Miller a letter demanding justification for marketing his Sports X Factor test without the agency’s authorization.

“If you do not believe that you are required to obtain FDA clearance or approval for the Sports X Factor Test Kit, please provide us with the basis for that determination,” wrote James L. Woods of the FDA’s office of in vitro diagnostic device evaluation and safety. The firm plans to meet with the agency Friday, a spokesperson said.
 






Last week I posted Don’t buy AIBioTech Sports X Factor kit! I laid out my rationale explicitly:

I’ve been pretty vocal about the impending specter of genetic paternalism in relation to personal genomics, which I believe to be futile in the long term, and likely to squelch innovation in the United States in the short term. Like any new product category there’s a lot of hype and confusion in the area of personal genomics, but I think it’s important that we allow some mistakes and misfires to occur. Innovation and creativity isn’t failure-free.

With that said, I also think it is incumbent upon the personal genomics community, if there is such a thing, to “police” the flow of information. I have seen references in the media to a new personal genomics kit, Sports X Factor, selling for $180, from AIBioTech. My initial intent was to ignore this, as there is real science and tech to be covered. This is just another case of a biotech firm trying to leverage public confusion and gullibility into revenue. But if I think such a thing, I should make my opinion known, shouldn’t I?….

Today I got this strange comment from someone who works for AIBioTech, the firm which produces Sports X Factor, defending the product:

You are very welcome to your opinion, and if you don’t want to buy it then DON”T. From what I can see, you are no more qualified (“degrees”? BS? MS, PHD?) to offer an opinion on whether the test is valid than anyone else. Just because you have a blog, it does not make you an expert on sports medicine. But when someone has the opportunity to find out if they or their child is at risk of sudden heart attack on the playing field, who are you to say that they should not do it? The market will decide if the test is valid, not you.

The individual goes under the handle “PHDGrl,” and unless this person is impersonating someone else’s identity, she does have a Ph.D (I looked at her Facebook profile). But more importantly she works for AIBioTech, as confirmed also by an IP trace. I don’t personally have an issue about people in a firm wanting to defend their product. Frankly one of my problems with the product they’re selling is that there’s a lack of transparency to my mind about the methods they’re using to calculate their scores, so they could have addressed that issue more thoroughly than in the material they have on the web.

I also think parents have the right (as do children) to know about clear and present health risks which genotyping can ascertain. I just don’t think that at $180 AIBioTech’s product is a good value proposition for the average consumer. Unlike some I don’t think Sports X Factor information is likely to cause grievous harm to the psyches or physiques of parents and children who get their results back. I just think that the damage done to the wallet definitely isn’t worth the informational return for the vast majority of their customers.
 






Letter to American International Biotechnology Services Concerning Direct to Consumer Advertising

May 11, 2011

Bill Miller
Chief Executive Officer
American International Biotechnology Services
601 Biotech Drive
Richmond, VA 23235
Dear Mr. Miller:

It has come to our attention that you are currently marketing the Sports X Factor Test Kit also referred to as the Sports X Factor Genetic Athletic Assessment Test, an in-home collection kit, intended to provide athletes and parents of young sports competitors a wealth of information about potential health conditions. The Sports X Factor Test Kit identifies an increased risk of developing health conditions, such as an undiagnosed heart condition. The Sports X Factor Test Kit appears to meet the definition of a device as that term is defined in section 201(h) of the Federal Food Drug and Cosmetic Act.

We have conducted a review of our files, and have been unable to identify any Food and Drug Administration (FDA) clearance or approval number for the Sports X Factor Test Kit . We request that you provide us with the FDA clearance or approval number for the Sports X Factor Test Kit . If you do not believe that you are required to obtain FDA clearance or approval for the Sports X Factor Test Kit, please provide us with the basis for that determination.

We would like to meet with you to discuss whether the test you are promoting requires review by FDA and what information you would need to submit in order for your product to be legally marketed. Please let us know your availability and we will schedule a meeting with you. Please direct your questions and response to:

James L. Woods
Deputy Director, Patient Safety and Product Quality
Office of In Vitro Diagnostic Device Evaluation and Safety
10903 New Hampshire Avenue
White Oak 66
Silver Spring, MD 20993
 






Interesting way to position an FDA investigation


"AIBIOTECH WORKING WITH FDA TO ENSURE NEW GENETIC TEST REMAINS AVAILABLE TO CONSUMERS"

What happened to "absolute integrity"??????????
 






You're about 2 months behind. Real news media had this in May. Testing is still being offered and is well receive by members of the athletic and medical communities who see value to it. If you don't believe in it don't buy it. Find a better way than cafepharma to challenge science. Better yet, go back to your rantings about drunken hoes, embezzlement, adultury, etc. That stuff was at least entertaining....
 






You're about 2 months behind. Real news media had this in May. Testing is still being offered and is well receive by members of the athletic and medical communities who see value to it. If you don't believe in it don't buy it. Find a better way than cafepharma to challenge science. Better yet, go back to your rantings about drunken hoes, embezzlement, adultury, etc. That stuff was at least entertaining....

Yawn!
 






You're about 2 months behind. Real news media had this in May. Testing is still being offered and is well receive by members of the athletic and medical communities who see value to it. If you don't believe in it don't buy it. Find a better way than cafepharma to challenge science. Better yet, go back to your rantings about drunken hoes, embezzlement, adultury, etc. That stuff was at least entertaining....

Do you have a source proving that the test is well received? Do you have a source showing that the FDA is no longer inquiring about this test?
 






Do you have a source proving that the test is well received? Do you have a source showing that the FDA is no longer inquiring about this test?

Its not under investigation. Quit putting your fakery on the interwebs. Aibiotech is just a better company than your little lab. Its sad when our competition has to bring up old news to try and beat our prestigious lab.
 






Its not under investigation. Quit putting your fakery on the interwebs. Aibiotech is just a better company than your little lab. Its sad when our competition has to bring up old news to try and beat our prestigious lab.

Was the word investigation used? No. The original poster posted what intelligent people call a source, and the company defender, as usual, replies with absolutely nothing but accusations. Also, just because something is old news doesn't make it ethical. Terrible tactics by the company asskisser, as usual.
 






Its not under investigation. Quit putting your fakery on the interwebs. Aibiotech is just a better company than your little lab. Its sad when our competition has to bring up old news to try and beat our prestigious lab.

Definition of Investigation:

1. to examine, study, or inquire into systematically; search or examine into the particulars of; examine in detail.

2. to search out and examine the particulars of in an attempt to learn the facts about something hidden, unique, or complex,

You don't have to use the word to know this is an investigation!

Our little lab keeps getting bigger with your former customers.
 






RICHMOND, VA (April 27, 2011) – It’s a simple home genetic test, but the results it produces can make workouts more effective, children’s sports choices more appropriate and trainers’ awareness of potential risk factors more precise. It can even save a life.

It can even save a life? Really? Explain the "science" behind this claim. Or do you hide behind the qualifier "can"?

Tell us something, if business is so good why did AIB with its "20 years of research and development" have to resort hawking tests to children without FDA approval?

Folding like a cheap suit this company is.
 






RICHMOND, VA (April 27, 2011) – It’s a simple home genetic test, but the results it produces can make workouts more effective, children’s sports choices more appropriate and trainers’ awareness of potential risk factors more precise. It can even save a life.

It can even save a life? Really? Explain the "science" behind this claim. Or do you hide behind the qualifier "can"?

Tell us something, if business is so good why did AIB with its "20 years of research and development" have to resort hawking tests to children without FDA approval?

Folding like a cheap suit this company is.

Isn't that the truth!
 






Isn't that the truth!

1- FDA approval is not needed. In fact, the entire Direct-to-Consumers genetic testing industry does not currently require FDA clearance. The FDA "investigates" every DTC offering from EVERY ONE of these companies, but that does NOT imply wrong-doing.
2- Sports X Factor may not be for everyone, but it offers THE BEST AVAILABLE genetic information based on PUBLISHED scientific data. As these data improve, the test may be modified.
3- It may be best to actually READ the AIBiotech website data on Sports X Factor to better understand the purpose and selection criteria for this test.
 






1- FDA approval is not needed. In fact, the entire Direct-to-Consumers genetic testing industry does not currently require FDA clearance. The FDA "investigates" every DTC offering from EVERY ONE of these companies, but that does NOT imply wrong-doing.
2- Sports X Factor may not be for everyone, but it offers THE BEST AVAILABLE genetic information based on PUBLISHED scientific data. As these data improve, the test may be modified.
3- It may be best to actually READ the AIBiotech website data on Sports X Factor to better understand the purpose and selection criteria for this test.

Do you have any sources for your outrageous claims?
 






1- FDA approval is not needed. In fact, the entire Direct-to-Consumers genetic testing industry does not currently require FDA clearance. The FDA "investigates" every DTC offering from EVERY ONE of these companies, but that does NOT imply wrong-doing.
2- Sports X Factor may not be for everyone, but it offers THE BEST AVAILABLE genetic information based on PUBLISHED scientific data. As these data improve, the test may be modified.
3- It may be best to actually READ the AIBiotech website data on Sports X Factor to better understand the purpose and selection criteria for this test.

"We would like to meet with you to discuss whether the test you are promoting requires review by FDA and what information you would need to submit in order for your product to be legally marketed".

Smells like wrong doing to me!
 






1- FDA approval is not needed. In fact, the entire Direct-to-Consumers genetic testing industry does not currently require FDA clearance. The FDA "investigates" every DTC offering from EVERY ONE of these companies, but that does NOT imply wrong-doing.
2- Sports X Factor may not be for everyone, but it offers THE BEST AVAILABLE genetic information based on PUBLISHED scientific data. As these data improve, the test may be modified.
3- It may be best to actually READ the AIBiotech website data on Sports X Factor to better understand the purpose and selection criteria for this test.

You CAN'T have it both ways. First you argue that FDA approval is not needed. Then you argue that FDA "investigates" everyone. Which is it?


"On May 11, the FDA sent Miller a letter demanding justification for marketing his Sports X Factor test without the agency’s authorization."

“If you do not believe that you are required to obtain FDA clearance or approval for the Sports X Factor Test Kit, please provide us with the basis for that determination,”



Sounds like FDA approval is needed to the FDA! We all know what happened here. At the highest echelons of BL "someone" unilaterally decided that FDA approval is not required. "Who are these government bureaucrats to tell me, a Doctor, what's required?!?!?!"

Looks like BL was caught with it's pants down on this one.
 






1- FDA approval is not needed. In fact, the entire Direct-to-Consumers genetic testing industry does not currently require FDA clearance. The FDA "investigates" every DTC offering from EVERY ONE of these companies, but that does NOT imply wrong-doing.
2- Sports X Factor may not be for everyone, but it offers THE BEST AVAILABLE genetic information based on PUBLISHED scientific data. As these data improve, the test may be modified.
3- It may be best to actually READ the AIBiotech website data on Sports X Factor to better understand the purpose and selection criteria for this test.

The website says "IT CAN EVEN SAVE A LIFE". Where is the PUBLISHED scientific data for that claim? No wonder the FDA is all over BL like white on rice.
 






1- FDA approval is not needed. In fact, the entire Direct-to-Consumers genetic testing industry does not currently require FDA clearance. The FDA "investigates" every DTC offering from EVERY ONE of these companies, but that does NOT imply wrong-doing.
2- Sports X Factor may not be for everyone, but it offers THE BEST AVAILABLE genetic information based on PUBLISHED scientific data. As these data improve, the test may be modified.
3- It may be best to actually READ the AIBiotech website data on Sports X Factor to better understand the purpose and selection criteria for this test.



Speaking on WBUR’s Here & Now, geneticist Dr. Robert C. Green said “An individual’s athletic ability is made up of so many things: training, growth, other genetic factors, inspiration, mental ability, coordination, that it’s just a complete disservice to the consumer to say that this tells you anything meaningful about an individual’s athletic ability.”
 






But such direct-to-consumer tests have been drawing criticism for the past two years, most recently at the American College of Sports Medicine’s 58th annual conference last week.

“I have no doubt these tests are accurate about the genotypes a person possesses,” says Stephen M. Ross, a University of Maryland researcher who specializes in exercise physiology and genetics. “My concern is about the scientific validity of what they’re claiming. You can’t market a gene to do X for strength because there isn’t enough research out there to back it up.”
 






1- FDA approval is not needed. In fact, the entire Direct-to-Consumers genetic testing industry does not currently require FDA clearance. The FDA "investigates" every DTC offering from EVERY ONE of these companies, but that does NOT imply wrong-doing.
2- Sports X Factor may not be for everyone, but it offers THE BEST AVAILABLE genetic information based on PUBLISHED scientific data. As these data improve, the test may be modified.
3- It may be best to actually READ the AIBiotech website data on Sports X Factor to better understand the purpose and selection criteria for this test.

If the FDA does not required clearance then why do they investigate every offering? Paradox. You can't have it both ways. Especially when you make outrageous claims on your website that "It Can Even Save A Life". Where is the PUBLISHED scientific data to support that claim? You can't produce it bec it doesn't exist.