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There is a newly urgent push from outside the pharmaceutical research and development community to get drug firms and the government to disclose the results of all tests conducted on new drugs and to immediately reveal information about problems that develop after those drugs go on the market. Consumers and health care providers say they're tired of finding out belatedly that negative information has come to light about the drugs they take or prescribe.
Of course, the Food and Drug Administration (FDA) has for years been looking out for the public by requiring extensive testing of all new drugs before they can be placed on the market, but critics charge that the agency, being intimately tied to the very industry it is policing, has not done enough. High on the list of concerns is the fact that after a drug is approved, its effects on consumers are not generally studied at present.
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The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
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