An Appeals Court has ruled that it is OK for drug companies to make false claims as long as the regulators don't object. This has huge negative implications for whistleblowers going forward.

Executive summary

Andrew Wakefield produced an awesome movie, Protocol 7, documenting how Merck defrauded the US government in order to keep their vaccine on the market even though it didn't meet the required efficacy standards.

The lawsuit had been in the courts for nearly 15 years.

It's finally over. No more appeals will be made. Merck won, the American people lost.

Merck defrauded the FDA as to efficacy claims, but the FDA and CDC knew about the fraud but continued to buy the product anyway. The court ruled that because the FDA was a willing participant in the plan to defraud the government, it wasn't fraud that is actionable by whistleblowers acting in the public interest to expose the fraud.

What this means is that, unless there is a change in US law, government agencies can continue to collude with the drug companies to defraud the American people and market drugs that are fraudulently marketed as safe and effective. Nobody will be held accountable.

Future whistleblowers will have their careers destroyed and have nothing to show for their work. No lawyer will take on any similar cases in the future.

There was a mainstream media blackout on the decision.

This decision is very important because it basically greenlights government agencies to conspire with drug companies to defraud the American people.

I expect that Congress will do nothing to fix this loophole because they are dependent on support from pharma companies.