"regarding fda documents, all my conversation with the fda director here i am for rico have been off the record. this happened due to my good relationship with her, and that is why we are doing something very different." is that inappropriate mode of conduct? does this regularly have been above and beyond this one instance? were you having off the record discussions, that the relationship is so cozy? is this common practice? is this something you condone? >> we do not condone this. i cannot, for the conversations that go on across the organization. we would like to have, and i think we have worked cooperatively with the fda to ensure that we have a dialogue to make sure that the right things are done for the patients and to make sure we are behaving in a proper way. as far as being able to comment as to whether -- on specific e- mails, i cannot comment on this. >> help me understand on the record, johnson and johnson's commitment on what is the proper way. >> what is the proper way? to continue to dialogue with the fda, to make sure we are looking out for the best interests of patien

so then fda came over to our place and way back then fda came over, and they tested every one of our flocks in our chicken houses and if i remember this correctly, this is a long time ago, but we had to take out at least half of all the flocks again. it was a seven-house complex, we had to take at least three to four flocks out. we had to wash it all again, and then we filled it back up again, and then as i remember it the next time it was okay. >> mr. chairman, my time has expired but i would ask unanimous consent to submit the editorials i referred to earlier in my questioning. >> without objection. before they're entered, request to see them so if you'd provide them, we'll look at them. without objection we'll put it in. mr. dingell for questions, please. >> thank you, mr. chairman, and i commend you for this hearing and for the extraordinary leadership you've given in our efforts to reform and to enhance the powers of fda. my questions are going to remind me of a day in 1990 when this subcommittee went into the questions of food safety and, indeed, in solomon knell la in eggs. bi

fda, dr. margaret hamburg should be here to offer the agency's official testimony. she and the obama administration have repeatedly stated that food safety and the resources of the fda is a top priority and must be taken seriously, quickly addressed. in the 110th congress the commissioner was here four times and testified on food safety. the majority declined to invite a representative from the united states department of agriculture to testify even though the committee sent a document request to the agency, held a briefing and received thousands of pages of relevant information concerning their role in the regulation of these farms and this outbreak. staff has obtained and reviewed relevant and revealing usda documents, including audit reports, pre operative sanitation reports. in an observation from wright county egg, this hearing would be more productive if a usda official were here to answer questions and perhaps the number one question, why didn't you say anything to the food andrug admin

earlier call for a 23% increase in the fda's total budget and congress gave it to him. 34% of those fda dollars will go to food safety. >> question, should the fda be split up with one concentrating on drugs and pharmaceuticals and the others to the agriculture department. that way take food out of fda. give it to agriculture that can mo around to their separate divisions and handle it properly. food is big. >> i think you can make an argument that food and drugs should be separated, but i don't like the idea of taking it away from an independent agency and putting it into a department. >> why? >> because the department of agriculture is a holy owned subsidiary of the big meat producers and the big egg producers. >> you want that to grow by keeping food out of there? >> i don't want a regulatory agency in the belly of that beast. i think you need to keep it

fda, dr. margaret hamburg should be here to offer the agency's official testimony. she and the obama administration have repeatedly stated that food safety and the resources of the fda is a top priority and must be taken seriously, quickly addressed. in the 110th congress the commissioner was here four times and testified on food safety. the majority declined to invite a representative from the united states department of agriculture to testify even though the committee sent a document request to the agency, held a briefing and received thousands of pages of relevant information concerning their role in the regulation of these farms and this outbreak. staff has obtained and reviewed relevant and revealing usda documents, including audit reports, pre operative sanitation reports. in an observation from wright county egg, this hearing would be more productive if a usda official were here to answer questions and perhaps the number one estion, why didn't you say anything to the food and drug admin

the fda taking it up today. a company has tinkered with the genetic material of salmon so the fish can grow faster and reach grocery sooner. are eaters ready? here's lisa stark. >> reporter: it looks like any other salmon, but opponents call it frankenfish and hope to keep it off your dinner plate. here's the difference -- both these fish are 18 months old but the larger genetically altered aquadvantage salmon grows twice as fast as the regular salmon. >> this is the first genetically engineered animal that would be introduced to the food supply so it's a big deal. >> reporter: atlantic salmon grows in fits and starts, but scientists found that adding genetic material from a pacific salmon and an eel-like fish, helps them grow 'round the clock. >> the fish is indistinguishable from the traditional fish. >> reporter: how can you say it's indistinguishable, though, when it clearly has a different genetic make-up than an atlantic salmon? >> it tastes the same. it looks the same, and the biology is exactly the same.

the fda taking it up today. a company has tinkered with the genetic material of salmon so the fish can grow faster and reach groceries sooner. are eaters ready? here's lisa stark. >> reporter: it looks like any other salmon, but opponents call it frankenfish and hope to keep it off your dinner plate. here's the difference -- both these fish are 18 months old but the larger genetically engineered aquadvantage salmon grows twice as fast as the regular salmon. >> this is the first genetically engineered animal that would be introduced to the food supply so it's a big deal. >> reporter: atlantic salmon grows in fits and starts, but scientists found that adding genetic material from a pacific salmon and an eel-like fish, helps them grow 'round the clock. >> the fish is indistinguishable from the traditional fish. >> reporter: how can you say it's indistinguishable, though, when it clearly has a different genetic makeup than an atlantic salmon? >> it tastes the same. it looks the same, and the biology is exactly the s

that way take food out of fda. give it to agriculture that can move around to their separate divisions and handle it properly. food is big. >> i think you can make an argument that food and drugs should be separated, but i don't like the idea of taking it away from an independent agency and putting it into a department. >> why? >> because the department of agriculture is a holy owned subsidiary of the big meat producers and the big egg producers. >> you want that to grow by keeping food out of there? >> i don't want a regulatory agency in the belly of that beast. i think you need to keep it separate and give it more regulatory -- >> food is enormous. also you have water. what about poison? >> eleanor is exactly right. you don't want to take a regulatory agency and put it over to a place which is in bed with big agriculture, john. you should separate it. one of the problems you have is we don't produce all our own food anymore. a lot of it comes in from all over the world. >> this nation is going downhill. if you wa

that way take food out of fda. give it to agriculture that can mo around to their separate divisions and handle it properly. food is big. >> i think you can make an argument that food and drugs should be separated, but i don't like the idea of taking it away from an independent agency and putting it into a department. >> why? >> because the department of agriculture is a holy owned subsidiary of the big meat producers and the big egg producers. >> you want that to grow by keeping food out of there? >> i don't want a regulatory agency in the belly of that beast. i think you need to keep it separate and give it more regulatory -- >> food is enormous. also you have water. what about poison? >> eleanor is exactly right. you don't want to take a regulatory agency and put it over to a place which is in bed with big agriculture, john. you should separate it. one of the problems you have is we don't produce all our own food anymore. a lot of it comes in from all over the world. >> this nation is going downhill. if you want

in a written statement fda said, "when fda learned that mcneil had hired contractors to secretly purchase product off the shelves the agency advised mcneil to do a full recall which the company agreed to initiate in july 2009." johnson & johnson/mcneil issued a statement saying "mcneil kept the fda informed of its actions and removed the product from the market in a compliant manner. however, given the concerns highlighted by the congressional committee with respect to motrin, moving forward we would look to handle things differently." >> johnson & johnson is not off the hook, neither is the fda for being too cozy with industry and not forthcoming with congress. >> reporter: johnson & johnson is now facing a criminal investigation into all these recalls and the silent market withdrawal. and the senior vice president who testified before congress has resigned. congress is also looking into documents which suggest the company had considered another secret withdrawal of a children's product. dr. richard besser, abc news, new york. >> tough times for that company. eight recalls in the past ye

johnson and johnson has said the fda knew about and approved the phantom recall, but fda says that is not true. both sides will have an opportunity to tell their side of the story today. but even if the fda was technically aware of this, that does not excuse what johnson and johnson did. johnson and johnson had both the legal and moral obligations to do the right thing and they did not. there are also new questions. our investigation has uncovered documents that show johnson and johnson hired phantom recall contractors to perform work related to children's tylenol. given what we know about the phantom recall of adult motrin, johnson and johnson has a duty to fully explain how it handled the problem with children's medicine. finally, the troubling issues about rolling recalls and phantom recalls that this hearing examined makes one. very, very clear. even if the fda had been notified about the motrin problem, the agency did not have the legal authority to order a recall. this needs to be rectified. the fda needs mandatory recall authority. we have been pushing for it. i think most peop

in a written statement fda said, when fda learned that mcneil had hired contractors to secretly purchase product off the shelves the agency advised mcneil to do a full recall which the company agreed to initiate in july 2009. johnson & johnson/mcneil issued a statement saying mcneil kept the fda informed of its actions and removed the product from the market in a compliant manner. however, given the concerns highlighted by the congressional committee with respect to motrin, moving forward we would look to handle things differently. >> johnson & johnson is not off the hook, neither is the fda for being too cozy with industry and not forthcoming with congress. >> reporter: johnson & johnson is now facing a criminal investigation into all these recalls and the silent market withdrawal. and the senior vice president who testified before congress has resigned. congress is also looking into documents which suggest the company had considered another secret withdrawal of the children's product. dr. richard besser, abc news, new york. >> tough times for that company. eight recalls in the past yea

. >>> the fda has to decide whether genetically modified fish should be approved for americans to eat suspect critics charge there needs to be more testing. wyatt andrews report. >> reporter: the salmon would grow twice as fast as normal but taste the same and cost much less. the question is, should we eat it? >> it's very scary. what are they putting in this stuff? >> reporter: the industry invented the salmon by taking a single gene from an eel-life like fish which grows year-round and spliced it into a farm-raised salmon to keep the salmon's growth hormones on overdrive. >> when you have -- >> reporter: expert after expert told the fda panel that that genetic change did not change the salmon itself. that the flesh and nutritional content is no different from normal salmon, just as the company growing the fish has claimed. >> it means it's the same as the traditional fish. it's indisdish twingeable. >> keep it out of the food supply. >> reporter: several environmental groups say the fda has failed to study this fish outside the lab or in any kind of clinical trial. >> the fda hasn't

. >>> the fda has to decide whether genetically modified fish should be approved for americans to eat. some expert say it's safe to eat while critics charge there needs to be more testing. wyatt andrews reports this morning. >> reporter: the salmon would grow twice as fast as normal but taste the same and cost much less. the question is, should we eat it? >> it's very scary. what are they putting in this stuff? what is going to be the side effects? >> reporter: the industry invented the salmon by taking a single gene from an eel-like fish which grows year-round and spliced it into a farm-raised salmon to keep the salmon's growth hormones on overdrive. >> when you have -- >> reporter: expert after expert told the fda panel that that genetic change did not change the salmon itself. that the flesh and nutritional content is no different from normal salmon, just as the company growing the fish has claimed. >> it means it's the same as the traditional fish. it's indistinguishable. from the traditional atlantic salmon. >> keep it out of the food supply. >> reporter: but several environmenta

we've got to fix the fda. >> reporter: fixing the fda, says nissen, means a wholesale change. no longer should the same people at the agency who approve a drug be the ones to decide if it gets pulled off the market. it's a conflict of interest. >> we must fix those flaws, or we will have further problems like avandia. >> reporter: which nissen calls one of the worst drug safety tragedies in our lifetime. lisa stark, abc news, washington. >>> two dallas police officers have been fired for insubordination after the beating of a motorcyclist. patrol car dash cams captured the incident. one officer is seen beating the motorcyclist. the other officer is accused of repositioning a camera, so it couldn't record what was happening. all three men also face criminal charges. >>> sad news from hollywood this morning. singer, eddie fisher, has passed away. he shot to fame as a pop singer back in the early '50s. but he may be remembered more for his private life. he had stormy marriages to actresses debbie reynolds, elizabeth taylor and connie stevens. carrey fisher is one of his children.

the fish, fda except one, catfish, that's usda. and that usda seal on a carton of eggs doesn't mean they're safe. it means they've been checked for size and shape. the result, contaminated spinach from california, peanuts from georgia, and last month eggs from iowa that sickened more than 1600 people. >> multiple agencies really just are pointing fingers at each other, rather than actually providing consumer protection. >> reporter: here's how that protection failed in iowa. the fda was supposed to inspect the hen houses but never did. 50 feet away the usda inspected the packing facility every day but was not allowed inside the hen house where, outside, investigators later discovered an eight-foot pile of manure. the usda refused to speak to us on camera but in a statement said this incident ex pli fis the critical need to make significant improvements in the food safety system. a bill to overhaul the entire food safety system, has been held up by partisan bickering in the senate for over a year. >> how does that make any sense? >>

we've got to fix the fda. >> reporter: fixing the fda, says nissen, means a wholesale change. no longer should the same people at the agency who approve a drug be the ones to decide if it gets pulled off the market. it's a conflict of interest. >> we must fix those flaws, or we will have further problems like avandia. >> reporter: which nissen calls one of the worst drug safety tragedies in our lifetime. lisa stark, abc news, washington. >>> and still ahead on "world news," a 26-year-old gives away $100 million. >>> and, you had a big reaction to our "world news" investigation. tonight, we ask, do gang members make more on teenage girls than they do on drugs? >>> and, an unforgettable story of two mothers, one heart. ♪ let's take a look at the stats. mini has more than double the fiber and whole grain... making him a great contender in this bout... against mid-morning hunger. honey nut cheerios is coming in a little short. you've got more whole grain in your little finger! let's get ready for breakfaaaaaaaaaast! ( ding, cheering, ringing ) keeping you full and focused with m

the fda is debating about whether to allow it to come to the public and to your dinner table. melanie alnwick jones us with -- joins us with an update. >> reporter: the fda advisory committee appears likely to recommend approval of the aqua advantage salmon. today's debate focuses on whether consumers with told their fish could be made. >> does the way it is produced change it into something different. >> i think any time you split multiple different fish, you create a new animal. >> reporter: they hope the new fda will agree and require the labeling. greg javy of the center for science and the public interest and the member of the fda advisory committee, believes the safety questions would be answer. >> while they thought the necessary data, they didn't see anything that suggests this would be approved. >> csgi, known by some as the food police doesn't think the rbi can require a label. but it would give it the distinction. >> that would give you the ability to choose. >> that would be something like not genetically engineered or no added growth hormones, or cage-free eggs. a

the fda is taking up the issue beginning with salmon. if the so-called aqua advantage sal machine is approved, it would be the first genetically engineered animal created if food use. melanie alnwick takes a look at the debate. >> reporter: atlantic salmon is a popular choice on many plates but it is tough to find it in the wild anymore. much of the atlantic salmon sold in the u.s. comes from commercial fish farms. now the fish farming company, aqua bounty has figured out a way to put a growth hormone into the eggs. it makes the hatch lippings grow faster and better in the contained environment. >> we think this is a safe and sustainable alternative to meet the growing food needs of a growing population. >> reporter: sounds good but critics say not so fast. >> it has been shown that genetically engineered substances and animals, the health problems develop over time. >> some groups are raising concern abouts whether the gene increases the risk of allergic reaction and if consumer could ingest the growth hormone. science was so poorly don

the fda will hold public hearings on the issue. the fda's conclusion in a couple weeks. dan? >> thank you, amy. >>> an asteroid double whammy. and the windstorm that set fires in detroit. and why you will be paying more for coffee this week. all of that is coming up, and then on "nightline." >> dan, coming up next on "nightline," we will talk to the preacher whose vow to burn qurans has set off a frenzy of protest. and calorie counts are everywhere, foot courts, airplanes and they could even airplanes and they could even come to a it's great. i t anything that i want. key lime pie, pineapple upside down cake. no, i've actually lost weight... [ female announcer ] over 30 delicious flavors at around 100 calories each. [ wife ] babe... i gotta go. [ female announcer ] yoplait, it is so good. r every pink lid you send in, yoplait will donate 10 cents to susan g. komen for the cure. with your help, we've donated $25 million over 12 years. so let's continue to make a difference one lid at a time. announcer: has the overpowering smell of scented (music playing) garbage bags taken ov

fda research has determined the salmon is safe to eat. but the chief scientists today told the fda it's relying on sloppy science. >> the basic point is what little data there is there suggests that there could be an allergy problem, and allergies can be serious and life threatening. >> reporter: if the full fda gives its go ahead, the salmon could be in america's grocery stores within two years. tom costello, nbc news, washington. >>> and when we come back tonight, remembering the high school gym teacher who made rock 'n' roll history. ♪ rgies are ruining our camping trip. i know who works differently than many other allergy medications. hoo? omnaris. [ men ] omnaris -- to the nose! [ man ] did you know nasal symptoms like congestion can be caused by allergic inflammation? omnaris relieves your symptoms by fighting inflammation. side effects may include headache, nosebleed, and sore throat. [ inhales deeply ] i told my allergy symptoms to take a hike. omnaris. ask your doctor. battling nasal allergy symptoms? omnaris combats the cause.

fda research has determined the salmon is safe to eat. but the chief scientists today told the fda it's relying on sloppy science. >> the basic point is what little data theris there suggests tt there could be an allergy problem, and allergies can be serious and life threatening. >> reporter: if the full fda gives its go aheadthe salmon could be in america's grocery stores within two years. tom costello, nbc news, washington. >>> and when we come back tonight, remembering the high school g teacher who made rock 'n' roll history. ♪ rgies are ruining our camping trip. know who works differently than many other allergy medications. hoo? omnaris. [ men ] omnaris -- to the nose! [ man did you know nasal symptoms like congestion can be caused by allergic inflammation? omnaris relieves your symptoms by fighting inflammation. side effects may include headache, nosebleed, and sore throat. [ inhales deeply ] i told allergy symptoms to take a hike. omnaris. ask your doctor. battling nasal allergy symptoms? omnaris combats the cause. get omnaris fo

will the fda decide to ban a popular drug? eyewitness news at 4:00 continues after thisis >>> it's 4:30. 83 degrees and scattered clouds. thank you for staying with us, i'm denise koch. and i'm vic carter. diet drugs danger. a popular drug had millions in sales and it could now be banned in the u.s.. an fda committee is considering pulling miridia off of the shelves. >> reporter: it was approved in 1997 and concerns about heart risk problems has an advisory panel deciding if the drug should stay on the market. if they don't remove the drug, they'll probably put limitations or warnings on the use of the drug. >> reporter: a study found in overweight people with problems, miridia raised the risk of heart attack and stroke. it's already banned in europe and earlier this year, the maker advised doctors not to give it to patients with cardiovascular disease. this is a bought loss expert who's advised the manufacture. >> it plays a small, but significant role. we use it when other treatments don't works. >> reporter: many believe it

>> dinner tonight, a bit strange now, but an upcoming decision by the fda. a frank and fish could be other thicks at the -- things at the market. >> this is a local company that is making salmon grow bigger faster. this could impact a lot of other things in gosh ri stores and -- grocery stores and on your dinner plate. >> we have to check the risk assessment and it is already used extensively nor the crocks. some of the critics say that the fda hasn't given the genetically engineered salmon enough thought. they peaked at a touchy time for this food safety on the heels of a recall of millions of eggs that raised serious questions about the nation's food supply and whether the fda has enough adequate resources to police what we each. >> now, the forecast certified most accurate by weather rate and maryland's most powerful doppler radar. >> let's look at the al man knack knack -- almanac. we will be well above normal. the heat way in 1931 still in the books at 99 degrees. 6:04 sun up, and down at 7:04. this morning, we have a transition that is not quite adds c

you've met enviropig, heard about the new genetically engineered salmon being examined by the fda. we want a fresh perspective on whether these animals will be safe. so, we've chosen dr. schwartz, an m.d. who spent 25 years in practice. thank you for joining us. what is it that you want to know before you would eat genetically engineered meat or food? >> i think this falls under the notion of what we've been calling for the last 10, 15 years, precautionary principle. it's the idea that if something new is going to be introduced, for example, like genetically engineered food to human beings, then the burden of proof it's that safe, effective, not an environmental problem, falls on the people who want to introduce it, as opposed to proving it isn't dangerous. so that's really the issue here. this is not a new concept. in medicine, we've had this idea of first do no harm since the time of aapproximahip pohipoacr >> you see young ladies becoming older sooner because of the hormones. that's the concern for most people, they don't flow how it's going to affect their bodies. >> absolutely

if the fda revokes the approval now. insurance companies could stop paying for the $8,000 a month drug, even among women who are using it right now. >>> security is top on the minds of patients at several local hospitals. more than half of the 3465 health workers questioned by the emergency nurses association last year said they had been hit, spat upon, or physically assaulted while on the job. nearly a quarter said they experienced 20 or more acts of physical abuse in the last three years. medical centers we contacted today were hesitant to talk about their specific security measures. baltimore police say this can be a learning experience. >> we do exercises. we do planning. but it's important to go back and critique what we did and how we might improve for the safety of all baltimoreens. >> coming up at 6:00, we're going to be talking to the head of security at a local hospital about their procedures for keeping doctors, staffers, patients all safe. >>> we are attempting to learn more about the man shot by capital poli

an fda advisory panel wrapped up two days of debate on whether the fish is safe for you to eat. fox 5's reporter melanie alnwick has details. >> reporter: is a salmon just a salmon regardless of where it came from or does the way it's produced change it into something completely different? >> i think most folks would say any time you splice geeps from multiple different fish -- genes from multiple different fish from the sea you create a different animal. >> reporter: many consumer advocates hope the fda will agree and require the new genetically engineered aqua salmon to be labeled as such. if approved aqua advantage would be the very first genetically engineered animal okayed for people to eat. greg jaffney a member of the fda advisory committee believes the safety questions have been answered. >> while they thought more information would be useful in a number of areas and a better analysis of the data would be useful, they didn't see anything i think today that suggested that this wouldn't at some point be approved. >> reporter: cspi known by some as the food police doesn't b

under the new fda guideline, doctors can only prescribe it as a last resort if the diabetes can't be control with any other medication and even then, physicians wilhave to explain the risks to the patient very carefully. the european union has also been considering avandia and heart attack risk and took it a step if you are than our fda. those countries are pulling the pill off the market completely. the drug's manufacturer glosmithkline continues to believe that avandia is an important treatment for type ii diabetes. u.s. sales of avandia topped $1 billion last year. medical experts say these new restrictions will insure that only very few people will have access to the drug in the future. whale many are applauding this decision from the fda, there are a lot of critics who say it took agency too long to take action on this. one of the first studies on the dange of avandia came out five years ago. jim? pat? >> thanks. >>> drivers seem to have adjusted to a speed trap in montgomery county that has resulted in the $2.5 million decrease in revenue. because people are slowing down. they

and in 2008, the fda gave the drug temporary approval for breast cancer. it works by cutting off the tumor's blood supply. but recent studies found it wasn't effective in most of the women who participated. and there were potentially life- threatening side effects, like internal bleeding. >> in totality, it seems that avastin did not improve the overall survival of the life expectancy of women with breast cancer. >> reporter: in july, a group. experts recommended avastin's approval for breast cancer be revoked. >> reporter: while research shows avastin doesn't work well in many breast cancer patients, there are doctors who say the drug is vital to some. >> the reality is, i have patients who have been kept alive for years on the drug. >> reporter: christy turnage believes avastin has kept her alive. and that's why she has gotten thousands to sign a petition, asking the fda to keep the drug available to patients like her. >> i want to see my grandchildren. i want to see my daughter grad utand get -- graduate and get married. >> reporter: they believe it sho

fda hearings begin today on genetically engineered salmon. dr. kim mulvilhill shows us some local scientists and environmentalists and local fishermen have serious concerns. >> reporter: for foody, the ferry building marketplace in san francisco is heaven. what is for sale here is fresh, local and sustainable. >> have you heard about genetically engineered salmon? >> what better place to protest what some are calling franken fish. a genetically engineered salmon the fda is poised to soon approve for sale. >> we're asking people to call president obama to sign petitions and really send the word to the fda and president obama that genetically engineered salmon has no business in our marketplace. >> the fish is an atlantic salmon that scientists have tweaked to contain snips of dna or genes from other fish. and the genes speed up growth and get the salmon to market more quickly. >> we can get a fish egg to a three to four kilo samen in a little over a year. by comparison, the normal atlantic salmon would take four to five years to reach that size. >

the preliminary findings of the fda review are not encouraging. for now there is no easy way to lose weight. it comes back to diet and exercise. dr. richard besser, abc news, new york. >> since this news has come out revenue for the company is actually falling right now and the company doesn't even promote the drug here in the u.s. but is still expected to make 30 million bucks in this country alone. >> you have to also wonder, there has been a ban in europe. they've already halted, you know, in terms of giving it to patients. you have to wonder if that affected some of the revenue because in europe they're saying it's not a good idea. >> most folks say here the fda will take some action but we'll see down the road. >>> coming up, one automaker tries to reinv >>> ford has unveiled its newest air bag that is designed to reduce injuries caused by their deployment. the air bags are located in the steering wheel. they promise to reduce injuries like broken ribs. they're designed to pull away from the driver's chest while protecting both the head and t

the fda is expected to require no special label. john hendren, abc news, washington. >>> a convicted sex offender has been arrested in the murder of a north carolina police chief's daughter. valerie hamilton's body was found in a self-storage unit on saturday. her father appeared on "good morning america" yesterday, with an emotional appeal to help solve his daughter's murder. hours later, fbi agents and u.s. marshals took michael harvey into custody. he will be arraigned later today. >>> lindsay lohan could be headed back to jail. a judge issued an arrest warrant yesterday, after the actress acknowledged failing a drug test less than a month after leaving rehab. lohan was allowed to remain free, pending a hearing friday, to determine if she, in fact, did violate her probation. over the summer, the actress served 14 days of a 90-day jail sentence. >>> the benner have broncos is mourning the apparent suicide of one of its players. kenny mckinley was found dead at his home yesterday. investigators believe he died because of a self-inf

fda research has determined the salmon is safe to eat. but the chief scientists today told the fda it's relying on sloppy science. >> the basic point is what little data there is there suggests that there could be an allergy problem, and allergies can be serious and life threatening. >> reporter: if the full fda gives its go ahead, the salmon town in grocery stores within two years. tom costello, nbc news, washington. >>> and when we come back tonight, remembering the high school gym teacher who made rock 'n' roll history. ♪ rgies are ruining our camping trip. i know who works differently than many other allergy medications. hoo? omnaris. [ men ] omnaris -- to the nose! [ man ] did you know nasal symptoms like congestion can be caused by allergic inflammation? omnaris relieves your symptoms by fighting inflammation. side effects may include headache, nosebleed, and sore throat. [ inhales deeply ] i told my allergy symptoms to take a hike. omnaris. ask your doctor. battling nasal allergy symptoms? omnaris combats the cause. get omnaris f

the fda is expected to require no special label. john hendren, abc news, washington. >>> a convicted sex offender has been arrested in the murder of a north carolina police chief's daughter. valerie hamilton's body was found in a self-storage unit on saturday. her father appeared on "good morning america" yesterday, with an emotional appeal to help solve his daughter's murder. hours later, fbi agents and u.s. marshals took michael lee harvey into custody. he will be arraigned later today. >>> lindsay lohan could be headed back to jail. a judge issued an arrest warrant yesterday, after the actress acknowledged failing a drug test less than a month after leaving rehab. lohan was allowed to remain free, pending a hearing friday, to determine if she, in fact, did violate her probation. over the summer, the actress served 14 days of a 90-day jail sentence. >>> the denver broncos organization is mourning the apparent suicide of one of its players. kenny mckinley was found dead at his home yesterday. investigators believe he died because o

following our reports, the fda sent out notices to doctors around the country. today, an expert panel reviewed all of the evidence, the most extensive review to date and concluded there is a link between using these drugs for long-term and these unusual breaks in the femur. they found that 94% of people who had these unusual breaks had been on this drug for an extensive period of time. so, they said this needs be taken seriously and issued recommendations. >> what is the recommendation? >> reporter: there are several. first, labeling has to change, so that patients are aware. and second, doctors need to report better. there needs to be a reporting system so they can learn from this. it's important people understand, though, that these drugs prevent far more fractures than they cause. there are things you can do. if you've been on these drugs for more than five years, talk to your doctor, do you still need to stay on them? and if you have pain in your thigh, that can be a warning sign that your leg could be about to break. >> so, five years and pain in the thigh,

the fda doesn't do recalls. companies do recalls. the fda often pressures them. but it's the company that does it. the fda, there's a question as to what they knew and when they knew it. let's take a listen from a congressman who had something to say about that today. >> fda's explanation appears to include seemingly false statements to this committee in april of this year. given the documents receiveded by the committee it demonstrates the fda, in fact, was aware of johnson & johnson's quiet recall of adult motrin products. something they led us to believe they were not. >> wow. sounds like he's pretty convinced about what happened. >> right. it'll be interesting to see what did the fda know and when did they know it. if they did know about this phantom recall, why didn't they put a stop to it? >> pretty popular drugs here. people want to know, johnson & johnson, can i buy these medicines now? >> well, they have not been available on the market for some months now. i'm hoping they're safe. they're reshipping them shortly, like next week. at least some of them. c

. >> why the fda is so concerned this morning. plus the november elections are finally set after the primaries. we'll get a preview of the new political landscape, including the tea pty movement. >>> plus we're going to get another look at your weather and traffic headlines coming up. stay with us. so i told the guy i wanted yeah. a convertible. and this is what he d in my budget. aw! well, the top is down. the top is ge! lots of head room... tons of head room! --careful! that's sharp. jeez! yeah...sorry. narrator: settling for less not smart. what is smart is getting more car for your money at carmax. guaranteed-quality used cars can cost a lot less than new car so you can get more cafor less money by shopping at carmax. now more than ever, the smart choice is carmax. the way car buying should be. >>> 4:40 is your time now, 66 degrees. lovely look outside right now and another cool, refreshing autumn morning. tom is here with the latest on our forecast. yesterday was beautiful. >> we're going to have more clouds today and a chanc

following our reports, the fda sent out notices to doctors around the country. today, an expert panel reviewed all of the evidence, the most extensive review to date, and concluded there is a link between using these drugs for long-term and these unusual breaks in the femur. in fact, they found that 94% of people who had these unusual breaks had been on this drug for an extensive period of time. and so, they said this needs to be taken seriously and issued recommendations. >> what is the recommendation? >> reporter: there are several. first, labeling has to change, so that patients are aware of this risk. and second, doctors need to report better. there needs to be a reporting system so they can learn from this. it's important people understand, though, that these drugs prevent far more fractures than they cause. there are things you can do. if you've been on these drugs for more than five years, talk to your doctor, see if you still need to stay on them. and if you have pain in your thigh, that can be a warning sign that your leg could be about to break. >> so,

. >>> the fda has approved a new drug e fda has approved a new to treat multiple sclerosis. it is the first oral treatment for the debilitating illness. dr. kim mulvihill is here with the details. kim. >>> reporter: juliette, more than 400,000 americans have multiple sclerosis. with m.s. the body's own immune system attacks the protective covering of nerve fibers in the brain and spinal cord. that leads to fatigue, numbness and pain. a new pill could change that. >>> reporter: john daggett walks with a cane. >> i now have a lot of numbness in my hand and feet. my balance is very bad. >> reporter: he was diagnosed with multiple sclerosis almost 29 years ago. once a week, he injects himself with a drug that helps slow the progression of m.s. until now, all treatment options involved shots. but the fda has just approved a first-ever oral medication to treat the debilitating neurologic disorder. >> someone comes to me and says the, i can't stand these injections, i just won't take injection any longer, then they are perfectly suitable for going on to the pill. >> reporter: it ma

but a former fda official says hindsight is what's really 20/20. knowing what you know now, would you ever recommend lasik to somebody you care about? >> oh, absolutely not. >> reporter: dr. morris waxler was part of the fda team that green-lighted lasik surgery in 1995. but then, he says, he started hearing about devastating side effects. so, today, he asked his former employer to issue strong warnings about lasik. >> people don't understand, this is not like getting your nails done or a curl in your hair. >> reporter: in lasik, a thin flap of the outer cornea is lifted out of the way. then, a laser flattens the inner cornea. critics say that compromised cornea can drop microscopic scar tissue that can cause vision problems. >> here's what i look like to somebody with normal vision. now here's the halo effect that many lasik patients see. starbursts like this are not common side effect. worst of all, some lasik patients actually experience blurred vision. according to waxler's analysis of fda data, half of lasik patients experience side effects, a