October, 09 2015, 11:15am EDT
WikiLeaks Publication of Complete, Final TPP Intellectual Property Text Confirms Pact Would Raise Costs, Put Medicines Out of Reach
Final Deal Rolls Back Bush-Era “May 2007” Access to Medicine Protections
WASHINGTON
WikiLeaks' publication today of the final Trans-Pacific Partnership (TPP) Intellectual Property chapter text verifies that the pact would harm public health by blocking patient access to lifesaving medicines, Public Citizen said today. The latest leak of a secret TPP text reveals how the TPP would roll back the "May 10 Agreement" reforms brokered in 2007 between Democratic congressional leaders and the George W. Bush administration. It also reveals the contentious "death sentence" clause on biologics, or biotech drugs, which roiled TPP talks in Maui and Atlanta.
"If the TPP is ratified, people in Pacific Rim countries would have to live by the rules in this leaked text," said Peter Maybarduk, director of Public Citizen's Global Access to Medicines program. "The new monopoly rights for big pharmaceutical firms would compromise access in TPP countries. The TPP would cost lives."
The leak comes the morning after a White House meeting with pharmaceutical executives who are dissatisfied that the deal did not provide them even greater monopoly rights.
"The monopolist pharmaceutical industry has won a lot with the TPP, at the expense of people's health," said Burcu Kilic, policy director for Public Citizen's Global Access to Medicines program. "They should stop crying crocodile tears."
WikiLeaks published the complete TPP Intellectual Property Chapter, dated Monday, October 5, 2015 - the date that the 12 Pacific Rim nations announced a final TPP deal. The leaked text does not contain negotiating country brackets, indicating rules are no longer subject to debate, but rather are the final version subject only to a legal "scrub."
"These final TPP rules would lengthen, strengthen and broaden special patent and data protections, which pharmaceutical companies use to delay generic competition and keep drug prices high," said Maybarduk.
The text shows that TPP rules do not even conform to the Bush-era May 10 access to medicines standards that many congressional Democrats had insisted be further improved. In contravention of the May 10 standard, TPP imposes patent term extensions and additional and longer marketing exclusivities, as shown in Public Citizen's analysis (PDF). Unlike the May 10 Agreement standard, the TPP would require developing countries to quickly transition to the same rules that apply to developed countries, which provide extreme monopoly rights for the pharmaceutical industry and limit access to affordable medicines.
"From very early on in the TPP negotiations, and to the ire of health advocates, it became apparent that the Office of the U.S. Trade Representative (USTR) was abandoning the May 10 Agreement template," said Maybarduk. "With today's publication of the final version of the TPP IP chapter by WikiLeaks, for the first time the public can see precisely which rules negotiators agreed to and, importantly, how far beyond the May 10 Agreement the provisions extend pharmaceutical intellectual property obligations in developing countries."
Pharmaceutical intellectual property and access to medicines have been especially contentious issues in the TPP talks, contributing to years of delay in the Obama administration's timeline for completing a TPP deal. While various new monopoly rights for drug firms were agreed to by participating nations, confrontations over a special exclusivity rule for biologics - medical products derived from living organisms, including many new and forthcoming cancer treatments - contributed to the meltdown of the August ministerial in Hawaii and the double-overtime near-failure in Atlanta.
Biologics exclusivity is separate from and independent of patent protection, though the protections may overlap. The USTR initially supported a twelve- and then an eight-year minimum monopoly period, while a majority bloc of negotiating countries would not consider more than five years' exclusivity. (Five countries provide no special biologics exclusivity rule at all in their laws.) A Public Citizen analysis of the biologics provisions is available here (PDF).
The final document imposes a minimum mandatory five-year period. It also subjects the issue to future discussions of a "TPP Commission" and efforts "to deliver a comparable effective period." This reflects a USTR effort to impose eight-year monopolies over countries' refusal.
"That purposefully ambiguous language is meant to provide USTR a means to harass countries in the future, and keep pushing for longer monopolies and industry profits at the expense of people's health," said Kilic.
The USTR has indicated its solution to medicine access would include transition periods for developing countries. Yet the leaked text shows that transition periods would last only three to ten years and apply to only a few of the rules under discussion. A Public Citizen analysis of the transition periods in the leaked text is available here (PDF).
"Forcing expansive pharmaceutical monopoly rules on countries that can scarcely afford high drug prices has not always been U.S. trade policy, and in the past U.S. policymakers have recognized that the needs of developing countries should not always be subordinate to U.S. pharmaceutical industry profits," said Maybarduk. "Some rare public servants from TPP countries fought back and stood for health in this negotiation. Their efforts saved lives," said Maybarduk. "Yet in the end, the TPP will still trade away our health."
Public Citizen is a nonprofit consumer advocacy organization that champions the public interest in the halls of power. We defend democracy, resist corporate power and work to ensure that government works for the people - not for big corporations. Founded in 1971, we now have 500,000 members and supporters throughout the country.
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Dr. Oz Had Up to Tens of Millions Invested in Companies Involved With CMS
"Seniors deserve a CMS leader who will protect and strengthen Medicare—not someone like Dr. Oz who wants to privatize this vital and hugely popular program for great personal gain," said the head of Accountable.US.
Dec 13, 2024
Dr. Mehmet Oz, the "former daytime television fixture" who U.S. President-elect Donald Trump picked to lead the Centers for Medicare and Medicaid Services, reported "up to $56 million in investments in three companies" with direct CMS interests, the watchdog Accountable.US highlighted Friday.
The celebrity heart surgeon is already under fire for his record of peddling "baseless or wrong" health advice and pushing Medicare Advantage (MA)—an alternative to the government-run program administered by private health insurance companies—on The Dr. Oz Show, as well as his stake in UnitedHealth and CVS Health.
The new Accountable.US report—based on disclosures from Oz's unsuccessful 2022 run against U.S. Sen. John Fetterman (D-Pa.)—adds to conflict of interest concerns and fears that Oz may thwart the Biden administration's new rule intended to rein in privatized Medicare Advantage plans.
"Dr. Oz's conflicts of interest pose a serious threat to seniors' health security."
"In 2022, Oz's 'single biggest healthcare holding' was up to $26 million in Sharecare, a digital health company Oz co-founded that became the 'exclusive in-home care supplemental benefit program' for 1.5 million MA enrollees across 400 MA plans through its CareLinx service in 2022," the watchdog detailed. "By 2023, CareLinx was available to over 2 million MA enrollees. Sharecare was taken private in a $518 million private equity deal in 2024, and it is unknown if Oz still holds a stake."
Nick Clemens, Oz's spokesperson on the Trump transition team, told USA TODAY—which first reported on the Accountable.US findings—that Oz sold his stake in Sharecare but did not address further questions.
The group noted that "in 2022, Oz disclosed holding up to $25 million in Amazon and up to $5 million in Microsoft, which CMS called its 'two primary cloud service providers' in its FY 2025 budget document, which requested over $3.3 billion in information technology funding for the year. Notably, Amazon Web Services hosted 74 million Medicaid records as early as 2017 and the company has been contracted to streamline Healthcare.gov, the federal health insurance portal run by CMS."
Accountable.US "reviewed filings with the Securities and Exchange Commission and was unable to find evidence that Oz sold stocks in Amazon or Microsoft since the 2022 filing," according to USA Today—which found that Oz's stakes could be as high as $26.7 million for Amazon and $6.3 million for Microsoft.
When asked if Oz still owned the stocks in the two tech giants, Trump transition spokesperson Brian Hughes only said that "all nominees and appointees will comply with the ethical obligations of their respective agencies."
Given the nominee's TV and investment history, Accountable.US executive director Tony Carrk declared Friday that "seniors deserve a CMS leader who will protect and strengthen Medicare—not someone like Dr. Oz who wants to privatize this vital and hugely popular program for great personal gain."
"If Dr. Oz and Project 2025 had their way, Medicare as we know it would end, replaced with private insurance plans that cost taxpayers more and leave patients vulnerable to denials of care and higher premiums," Carrk continued, citing the Heritage Foundation-led playbook for the incoming Republican president.
"Dr. Oz's conflicts of interest pose a serious threat to seniors' health security," he added, "but as long as big insurance industry megadonors are happy, President-elect Trump doesn't seem to mind."
While Trump has the power to pick the next CMS administrator, the selection requires Senate confirmation—unless the president-elect works around it to install his most controversial nominees.
On Tuesday, Sen. Elizabeth Warren (D-Mass.) and six colleagues wrote to Oz to express their concerns about his qualifications, "advocacy for the elimination of traditional Medicare," and "deep financial ties to private health insurers."
"As CMS administrator, you would be tasked with overseeing Medicare and ensuring that the tens of millions of seniors that rely on the program receive the care they deserve, including cracking down on abuses by private insurers in Medicare Advantage," they pointed out. "The consequences of failure on your part would be grave. Billions of federal healthcare dollars—and millions of lives—are at stake."
The lawmakers sent Oz a list of questions, requesting responses by December 23. They inquired about his views on traditional Medicare and revelations that "private companies overcharge taxpayers and unlawfully deny care." They also asked whether, as administrator, he would commit to "fully divesting of any and all financial holdings related to the insurance industry" and "recusing from any decisions that may impact insurers" in which he has a stake.
Sharing the letter on social media Wednesday, Accountable.US said that Warren "is right: this glaring conflict of interest endangers seniors and puts billions in corporate pockets."
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Amid a relentless Israeli onslaught that has wrought monumental physical and psychological destruction in Gaza, a report published this week revealed that nearly all children in the embattled Palestinian enclave believe their death is imminent—and nearly half of them want to die.
The Gaza-based Community Training Center for Crisis Management, supported by War Child Alliance, surveyed more than 500 Palestinian children in Gaza last June and found that 96% of them fear imminent death, 92% are not accepting of reality, 79% suffer from nightmares, 77% avoid discussing traumatic events, 73% display signs of aggression, 49% wish to die because of the war, and many more "show signs of withdrawal and severe anxiety, alongside a pervasive sense of hopelessness."
"This report lays bare that Gaza is one of the most horrifying places in the world to be a child," War Child U.K. CEO Helen Pattinson said in a statement. "Alongside the leveling of hospitals, schools, and homes, a trail of psychological destruction has caused wounds unseen but no less destructive on children who hold no responsibility for this war."
In a first of its kind report, our Gaza based partner Community Training Centre for Crisis Management asked injured, separated and disabled children and their caregivers about the toll of the ongoing war on their lives. Their answers are devastating but sadly not a surprise. 1/5
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— War Child UK ( @warchilduk.bsky.social) December 12, 2024 at 3:31 AM
Israel's 434-day assault on Gaza—which is the subject of an International Court of Justice genocide case—has left tens of thousands of children dead, maimed, missing, or orphaned and hundreds of thousands more forcibly displaced, starved, or sickened. Doctors and others including volunteers from the United States have documented many cases in which they've concluded Israeli snipers and other troops have deliberately shot children in the head and chest.
"The harm caused to Gaza's children goes beyond statistics. Behind every number is a name, a life, and a future that is being extinguished before it can even begin," Iain Overton, executive director of the U.K.-based group Action on Armed Violence, said in response to the new report.
"The world's failure to protect Gaza's children is a moral failing on a monumental scale," he added. "We must act decisively and compassionately to ensure that these children's voices are heard and their futures protected."
In October, the U.K.-based charity Oxfam International said that Israel's yearlong assault on Gaza has been the deadliest year of conflict for women and children anywhere in the world over the past two decades. A year ago, the United Nations Children's Fund called Gaza "the world's most dangerous place to be a child." Earlier this year, U.N. Secretary-General António Guterres for the first time added Israel to his so-called "List of Shame" of countries that kill and injure children during wars and other armed conflicts.
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Addressing the complicity of allies like the United States, Germany, and Britain, who provide weapons and diplomatic cover for Israel, progressive U.K. parliamentarian Jeremy Corbyn wrote on social media in response to the new report, "Every single supplier of arms to Israel has blood on its hands—and the world will never forgive them."
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Progressives on Thursday were frustrated by reports that former House Speaker Nancy Pelosi is using her considerable influence on Capitol Hill to undermine Rep. Alexandria Ocasio-Cortez's bid to become the top Democrat on the powerful committee that could launch investigations into the Trump White House in the coming years.
As Common Dreamsreported last week, Pelosi (D-Calif.) has publicly indicated that she is supporting Rep. Gerry Connolly (D-Va.) to succeed Rep. Jamie Raskin (D-Md.) as ranking member on the House Committee on Oversight and Accountability when the 119th Congress begins in January.
But Punchbowl Newsreported Thursday that Pelosi—well-known for her relentless and often successful efforts to whip votes within the Democratic caucus—is also "making calls" to other Democratic lawmakers on behalf of Connolly.
The outlet reported that the former House speaker is "actively working to tank" the candidacy of Ocasio-Cortez (D-N.Y.), with whom she has had a rocky relationship at times as the progressive Democrat has pushed the party to embrace far-reaching reforms on climate, immigration, and other issues.
Both Connolly and Ocasio-Cortez believe they have the votes to win the ranking member position. Ocasio-Cortez is a close ally of Raskin, who named her vice ranking member in the current Congress, but the Maryland lawmaker, who is expected to succeed Rep. Jerrold Nadler (D-N.Y.) as ranking member of the House Judiciary Committee, has not publicly endorsed either candidate.
The Democratic Steering and Policy Committee, which has close ties to Minority Leader Hakeem Jeffries (D-N.Y.), is expected to make a recommendation for the ranking member role, after which the entire Democratic caucus will vote.
The centrist New Democrat Coalition endorsed Connolly on Friday, while a House Democrat told Axios that Ocasio-Cortez "has pretty much the entire [Oversight] Committee with her."
The Congressional Progressive Caucus announced its endorsement of Ocasio-Cortez on Friday, with Chair Pramila Jayapal (D-Wash.) and Chair-elect Greg Casar (D-Texas) arguing the congresswoman's "fearless advocacy leading the Oversight Committee will help ensure Democrats retake the House in 2026."
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As Axios reported, several older longtime members are facing challenges for leadership roles from the party's younger generation. Ocasio-Cortez, 35, was the youngest woman ever elected to Congress when she won her election in 2018, and is an outspoken member of the progressive "Squad" which advocates for policies such as Medicare for All and has reportedly angered Pelosi in the past with its embrace of calls to "abolish" Immigration and Customs Enforcement (ICE).
"Many members are concerned about [the] precedent these races are setting," a senior House Democrat told Axios regarding the progressive contests with members like Connolly, who is 74.
Ryan Grim of Drop Site News said Pelosi's lobbying against Ocasio-Cortez "reeks of pettiness."
David Dayen, executive editor of The American Prospect, said the new reporting shows Pelosi attempting to act as a "puppet master."
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Ocasio-Cortez wrote to colleagues last week to announce her bid for the ranking member position, highlighting her involvement in derailing Republican efforts to "weaponize the committee's investigatory power for partisan purposes" and pledging to balance the Oversight Committee's focus on President-elect Donald Trump's actions with fighting to better the lives of working Americans.
If Democrats win back control of the House in 2026, the committee would be empowered to launch investigations into the incoming Trump administration and would have subpoena power.
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