FDA Restores a Smidgeon of Freedom

The Food and Drug Administration (FDA) recently announced an “historic” rule that will allow hearing aids to be sold over the counter (OTC) and restores a smidgeon of freedom for Americans. In a press release announcing the rule, the FDA stated,

It is designed to assure the safety and effectiveness of OTC hearing aids, while fostering innovation and competition in the hearing aid technology marketplace. 

The Biden Administration expects the rule to significantly reduce the cost for certain hearing aids, thereby admitting, at least implicitly, that freedom is beneficial to human well-being. Individuals who previously could not afford hearing aids will be able to improve their hearing.

In the same press release, the FDA notes that the final rule includes a number of mandates that manufacturers must meet. This, the FDA tells us, will assure the safety and efficacy of OTC hearing aids. The FDA doesn’t tell how much these mandates will add to the cost of OTC devices. If a smidgeon of freedom lowers costs, imagine what complete freedom would do.

The FDA is founded on the premise that Americans are unable to rationally determine what drugs and devices will be best for us. We need the FDA, we are told, to make such decisions for us. Certainly, some individuals will make foolish decisions. But no law or regulation can prevent foolish people from doing foolish things. FDA regulations, however, do prevent individuals from making rational decisions and acting accordingly.

Reading glasses provide an illuminating example of freedom. Reading glasses are readily available OTC and online. A pair can be purchased for a few dollars. They come in a number of different magnification levels. Each individual can choose which reading glasses are efficacious for him without interference from the FDA. The same freedom can be, and should be, applied to hearing aids and every other medical device.

A smidgeon of freedom is not enough. We need to abolish the FDA.

Abolishing the FDA does not mean unleashing snake oil salesmen and medical quacks. Even today, private organizations such as Good Housekeeping, Underwriter’s Laboratories, and Consumer’s Union test products for safety and efficacy. There is no reason to believe that these organizations, or others like them, will not test drugs and medical devices.

There is a crucial distinction between these private organizations and the FDA. If the FDA refuses to approve a drug or device, nobody can use it. If a private organization refuses to approve of a drug or device, each individual remains free to use his own best judgment regarding its use. The FDA issues mandates regarding what we can and cannot ingest. Private organizations can only issue recommendations.