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Science hasn’t shown these medications work. They’re being sold anyway

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Science hasn’t shown these medications work. They’re being sold anyway

Federal regulators are more and more approving medicines earlier than research have proven they work, leaving sufferers vulnerable to taking prescriptions that might hurt however not assist them.

Final yr, 14 new medicine acquired so-called accelerated approval, through which they haven’t gone by the testing that the Meals and Drug Administration frequently requires. That amounted to twenty-eight% of the 50 medicine the FDA accepted. The numbers have jumped from 2018 when simply 4, or 7%, of the 59 new medicine had been accepted underneath these guidelines.

The principles had been created for use in uncommon circumstances through which severely sick sufferers had no different remedies. However with stress from the pharmaceutical business, affected person teams and politicians to hurry medicines to market, now most medicine are accepted underneath the accelerated approval guidelines or by three comparable applications requiring much less proof and regulatory scrutiny.

The shift has alarmed some consultants who fear the business is exploiting the foundations to promote medicines of questionable effectiveness and security at sky-high costs.

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“That is inflicting big quantities of actual hurt,” stated Jerome Hoffman, UCLA professor emeritus of medication, pointing to uncomfortable side effects and medical payments sufferers merely can’t afford.

Though the FDA has the ability to take away these medicine when research later present the medicines don’t work, that transfer has been uncommon.

A current Occasions investigation detailed how Covis Pharma has refused the company’s request to withdraw a drug for pregnant girls vulnerable to untimely beginning. The FDA accepted the drug known as Makena a decade in the past with hopes it might cut back deaths and severe incapacity amongst infants born too quickly. The FDA required the corporate to carry out a research to show the drug’s advantages. That trial took eight years and “unequivocally did not show” that Makena labored, company scientists have stated.

Dozens of medicine now available on the market haven’t but been backed by research confirming their effectiveness.

There isn’t a requirement that sufferers be instructed they’ve been prescribed considered one of these medicine — a spot inflicting some medical doctors to concern that persons are being misled.

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“I feel individuals typically assume that when the FDA has accepted one thing, there’s overwhelming proof it’s secure and efficient,” stated Joseph Ross, a Yale professor of medication and public well being, who has written about how the foundations ought to be reformed.

In a press release, the company stated it was “dedicated to making sure the integrity of the accelerated approval program.”

“We consider sufferers who at present lack sufficient remedy choices for severe or life-threatening ailments are prepared to simply accept some uncertainty relating to scientific profit when a brand new remedy is developed,” the FDA stated.

“Within the overwhelming majority of accelerated approvals,” it stated, the drug’s scientific advantages had been later verified by the confirmatory research it required.

Dear medicine not but confirmed to work

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The FDA is approving extra medicine earlier than research present they work. Although their effectiveness hasn’t been confirmed, some hit the market with excessive listing costs.

Exondys 51
Duchenne muscular dystrophy
$300,000 per yr

Aduhelm
Alzheimer’s illness
$28,200 per yr

Makena
Preterm beginning
$13,000 per being pregnant

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For many years, the FDA’s approval customary had been two “sufficient and well-controlled” research exhibiting “substantial proof of effectiveness.”

In 1992, with the disaster of the AIDS epidemic, the company began its accelerated approval program. This system permits corporations to make use of what are known as “surrogate endpoints” — sure indicators in scientific trials that present a drugs could be helpful for sufferers.

Many medicine accepted underneath this system have been most cancers medicine for which trials haven’t proven they lengthen lives. As an alternative the businesses have used X-rays and different measures to indicate the drug appeared to trigger a constructive response.

Since 1992, Congress has handed legal guidelines including extra methods for medicine to get sooner approval with much less proof than the FDA had lengthy required.

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The brand new applications had been launched to assist sufferers with uncommon ailments and no different hope. Now they’re generally used.

Final yr, 74% of the 50 new medicine accepted by the FDA’s Heart for Drug Analysis and Analysis had been granted some type of expedited approval. Among the many medicines on that listing are these for coronary heart failure and lupus — circumstances for which sufferers have already got a number of medicines obtainable.

“Overlook two research, neglect well-done research, neglect randomized trials,” Hoffman stated of the FDA’s growing use of the expedited approvals. “It’s now if someone says it would work and we haven’t but confirmed it’s dangerous — let’s strive it.”

If an organization is granted an accelerated approval, the FDA requires research to verify the drug works. However the company has typically not compelled corporations to finish these research, which may halt gross sales in the event that they fail.

“Corporations drag their toes,” Ross stated. “The research don’t get performed.”

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Requested concerning the delayed trials, an company spokesperson stated, “The FDA will use each authority at our disposal to encourage the diligent initiation of well-designed confirmatory research. If there are any gaps within the FDA’s means to carry builders accountable for conducting research as rapidly because the science permits, then the company will work with Congress to shut these gaps.”

In a rising variety of circumstances, corporations proceed to promote the medicine even after these research are accomplished and present the medicine aren’t efficient. Ross and different researchers name these “dangling approvals.”

“Makena is illustrative of this complete dance that’s going down,” Ross stated.

Covis has instructed the FDA it desires to maintain promoting Makena whereas it does extra analysis to strive once more to indicate it’s efficient. The corporate disputes the outcomes of the research that failed to indicate it labored, saying it didn’t embody sufficient Black girls, who’re at highest danger of preterm beginning. Covis says the drug is secure and persevering with prescriptions gained’t hurt pregnant girls. Makena’s label lists uncomfortable side effects comparable to blood clots and hypertension. Some medical doctors fear concerning the danger of stillbirths. The proof shall be reviewed at a listening to the FDA has not but scheduled despite the fact that it’s been three years because the trial confirmed Makena didn’t work.

Two current accelerated approvals have raised extra questions of whether or not the FDA has lowered the bar too far.

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Final yr, the company stirred controversy when it overruled its committee of out of doors consultants and granted approval to a drug known as Aduhelm for Alzheimer’s illness, which impacts 6 million People and has no remedy. Three committee members stop in protest.

Within the resolution, the FDA used proof from scientific trials that confirmed the drug lowered ranges of amyloid plaque within the mind. However scientists questioned the usage of that surrogate marker, declaring that different medicines have focused the plaques with little impact on a affected person’s dementia.

Infusions of the drug could cause severe uncomfortable side effects, together with swelling within the mind.

Biogen, the drug’s maker, launched Aduhelm at a worth of $56,000 a yr. The excessive worth of the drug for a situation that impacts thousands and thousands of People brought about federal officers to suggest a rise to Medicare premiums of 14.5% to cowl the billions of {dollars} the federal government anticipated to pay for it. In December, the corporate reduce the annual worth in half to $28,200.

In January, Medicare proposed that it might cowl the price of Aduhelm just for sufferers in scientific trials. A closing resolution is pending.

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Extra issues concerning the accelerated approval program had been raised in 2016 when Janet Woodcock, a high FDA official, accepted a drug for Duchenne muscular dystrophy regardless of conclusions of company scientists that it didn’t work and its dangers weren’t but recognized.

Sarepta Therapeutics started promoting the drug Exondys 51 at a worth of $300,000 a yr. The approval sparked a dispute contained in the FDA that quickly turned public when paperwork had been launched.

“By permitting the advertising of an ineffective drug, basically a scientifically elegant placebo, 1000’s of sufferers and their households can be given false hope in change for hardship and danger,” wrote Ellis Unger, one of many FDA scientists who decried Woodcock’s resolution.

Woodcock defended her transfer. Amongst her arguments was that Sarepta “wanted to be capitalized,” she instructed an inside board reviewing the dispute. She identified that the corporate’s inventory went down when a committee of consultants voted in opposition to the drug after which went up when she later despatched a letter to Sarepta saying she anticipated to quickly grant the drug accelerated approval.

She wrote that if the drug was not accepted, Sarepta would have inadequate funding to proceed to review Exondys 51 and the opposite comparable medicine in its pipeline.

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The company spokesperson instructed The Occasions that “the FDA’s resolution on any drug product, in any illness space, relies on an evaluation of whether or not the advantages of the drug outweigh its dangers. This evaluation is knowledgeable by science, drugs, coverage and judgment, in accordance with relevant authorized and regulatory requirements.”

Sufferers depend upon medical doctors to maintain them secure from medicines which have extra dangers than advantages. But one report suggests that almost all medical doctors don’t know concerning the scant proof behind some medicine they prescribe.

In a 2016 survey, 70% of medical doctors wrongly believed that an FDA approval required research exhibiting each “a statistically important” and “clinically necessary” impact.

“The drug firm and all of the promoting says it is a nice new drug,” Hoffman stated. “What number of medical doctors are literally going to go and say, ‘Wait a second. Is that actually true?’”

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Opinion: The IRS faces more cuts under Trump. Here are three ways that could hurt the economy

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Opinion: The IRS faces more cuts under Trump. Here are three ways that could hurt the economy

Donald Trump’s election with Republican House and Senate majorities has put the Internal Revenue Service back in the spotlight. The agency lost $20 billion in funding under the latest deal to avoid a government shutdown, and further cuts to its enforcement budget are likely in the next Congress.

Democrats denounce such moves as harmful to federal revenues and tax fairness; Republicans cheer them for limiting government. Unfortunately, neither side tends to point out that an adequately funded IRS is good for the U.S. economy.

Years of IRS underfunding have led to a massive unpaid tax bill, around half a trillion dollars a year. Beyond lowering revenues, the sheer magnitude of this tax evasion has implications across the economy, providing competitive advantages to those able and willing to avoid their tax obligations. Less enforcement funding will only worsen this problem.

The hundreds of billions of dollars in taxes that haven’t been paid are not spread evenly across taxpayers. They’re disproportionately owed by businesses with the greatest incentive and ability to shirk their tax burdens. These include self-employed entrepreneurs, businesses that deal in cash and large, private companies with complex operations. Companies that have less opportunities to evade taxes, and workers who are paid directly by an employer, are more likely to pay their taxes.

The unpaid taxes therefore work as a substantial subsidy for the businesses and taxpayers who evade them. In economic terms, lower taxes boost returns on investment for the businesses that avoid their obligations but not for others. That in turn distorts the way businesses operate in three primary ways.

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First, the tax gap pushes more economic activity toward industries and occupations with opaque sources of income — such as construction businesses that deal mainly in cash. Our economy needs contractors, of course, but we don’t want an inordinate number of capable workers rushing into remodeling for cash simply because it offers an illegal tax break. Similarly, we don’t want people choosing self-employment simply because it gives them better chances of dodging the IRS. Labor and capital markets work best when they’re driven by business considerations rather than tax evasion.

Second, tax-cheating businesses gain an advantage on each dollar of profit. A company that doesn’t pay taxes can take on investments that wouldn’t make financial sense if it were meeting its tax obligations. This means the scofflaw company can profitably expand while the complying company cannot, putting honest taxpayers at a competitive disadvantage.

Third, a portion of the economy is dedicated to the evasion itself. Skirting a tax bill can be a lot of work: It takes time and money to set up shell companies, safely store large amounts of cash and falsify documents. Rather than going to some productive use, this activity amounts to what economists consider a “deadweight loss” that does not help our economy expand in any way. Avoiding half a trillion dollars in taxes requires a lot of work and resources that serve no purpose other than to illegally lower tax bills.

The end result of widespread tax evasion is an economy that is far less efficient than it could be. Too many employees in cash-based industries, too many accountants setting up shell corporations and other distortions ultimately discourage investment by taxpaying businesses and suppress economic growth.

Providing the IRS with enough funds to enforce our nation’s tax code isn’t just about fairness and revenue. It’s also vital to the efficiency and productivity of our economy.

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Ben Harris is the vice president and director of economic studies at the Brookings Institution and a former assistant Treasury secretary for economic policy.

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Column: A Faulkner classic and Popeye enter the public domain while copyright only gets more confusing

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Column: A Faulkner classic and Popeye enter the public domain while copyright only gets more confusing

Last year, it was Mickey Mouse. This year, Popeye the Sailor joins Mickey as a new entrant to the public domain — that is, shedding his core copyright protections on Jan. 1.

He’s merely the most familiar cultural artifact to enter the public domain on Wednesday. But as Jennifer Jenkins, co-director of Duke University’s Center for the Study of the Public Domain notes in her indispensable annual roster of newly public works (posted this year with co-director James Boyle), Popeye’s initial appearance in print is among thousands of culturally and artistically significant works to become copyright-free. That means they become available for anyone to copy, share and expand upon without paying their creators for rights.

This year’s treasure trove includes literary works originally published in 1929, meaning their 95-year copyrights expire on New Year’s Day. They include William Faulkner’s novel “The Sound and the Fury,” in which he began to perfect his literary style and his gloss on racial and social stratification in his native Mississippi; Ernest Hemingway’s “A Farewell to Arms”; and Virginia Woolf’s essay “A Room of One’s Own.”

Community theaters can screen the films. Youth orchestras can perform the music publicly, without paying licensing fees. Online repositories … can make works fully available online. This helps enable both access to and preservation of cultural materials that might otherwise be lost to history.

— Jennifer Jenkins, Duke University, on the value of the public domain

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There are also Dashiell Hammett’s “The Maltese Falcon,” originally published as a serial in Black Mask magazine, and John Steinbeck’s first novel, “Cup of Gold.”

Among films, the haul includes the Marx Brothers’ first movie, “The Cocoanuts,” which was based on a George S. Kaufman Broadway musical and betrays its stagebound genesis in almost every scene; Alfred Hitchcock’s first sound film, “Blackmail,” and an early film adaptation of Edna Ferber’s “Show Boat” — a 1929 version of Ferber’s novel, not the musical version, which was filmed in 1936 and, more familiarly, in 1951.

Interpretations of copyright law haven’t been as divergent as they’ve become over the last year or two. The reason is AI, or at least the development of AI bots “trained” on copyrighted written, musical and artistic works. Numerous lawsuits brought by creators are making their way through the federal courts.

AI developers generally claim that their feeding copyrighted works into their bots’ databases falls within the “fair use” exception to copyright protection. The fair use doctrine, as the U.S. Copyright Office puts is, allows the use of “limited portions of a work including quotes, for purposes such as commentary, criticism, news reporting, and scholarly reports.”

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Whether a particular use qualifies “is notoriously fact-specific,” Jenkins told me. “So it’s hard to shoot a straight arrow through all the cases,” in part because the judgment of whether a use is exempt from copyright depends on whether creators can show that the use caused harm to the market for their works.

“It’s a wild patchwork of cases,” Jenkins says, “but the central issue to all is the same, namely is it fair use to train your AI model on copyrighted content, but the specifics vary. Often I have something resembling a prediction of how fair use cases are going to come out, but really cannot predict which way these cases are going to go. It’s a moving target in copyright land.”

This isn’t the first time that technological change has roiled the copyright landscape. One precedent is the Google Books case, in which authors and publishers sued Google to block its effort to create a searchable database of written works by digitizing copyrighted works along with works in the public domain.

The ultimate settlement allows Google to digitize books for the database, but to display only limited “snippets” of copyright-protected works to users — enough to enable users to search for specific words or phrases, but not to access significant portions of the works.

Also entering the public domain this week, as Jenkins observes, are about a dozen Mickey Mouse films, including one in which he speaks his first words (“Hot dogs! Hot dogs!”) and wears his iconic white gloves. That depiction of Mickey is now copyright-free; the ur-Mickey depicted in the Walt Disney short “Steamboat Willie” entered the public domain on Jan. 1, 2024, but later depictions such as the white gloves were still subject to copyright restrictions based on when they first appeared on film.

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Popeye first appeared as a peripheral character in January 1929 in E.C. Segar’s “Thimble Theatre” comic strip. He garnered such instant popularity that Segar eventually refashioned the strip around him. Some story elements, such as the role of spinach as a source of his superhuman strength, became part of his persona over subsequent years.

Popeye also gives us a window into how a character’s entry into the public domain doesn’t require subsequent exploitations to adhere to his or her original conception.

Los Angeles copyright attorney Aaron Moss observes in his own curtain-raising post about public domain day 2025 that several Popeye-inspired horror films, “including ‘Popeye the Slayer Man,’ set in an abandoned spinach cannery, and ‘Shiver Me Timbers,’ featuring a meteor that ‘transforms Popeye into an unstoppable killing machine,’” have already been announced.

Similarly, er, disrespectful treatments of Mickey Mouse and Winnie-the-Pooh (a member of the public domain class of 2022) have been produced or announced.

The copyright rules for music are particularly convoluted. “Fats” Waller songs including “Ain’t Misbehavin’” and “(What Did I Do to Be So) Black and Blue” are entering the public domain, which should help to augment Waller’s reputation as a jazz and Broadway innovator. So too are George Gershwin’s “An American in Paris” and the popular standards “Tiptoe Through the Tulips” (lyrics by Alfred Dubin, music by Joseph Burke), “Happy Days Are Here Again” (lyrics by Jack Yellen, music by Milton Ager) and “What Is This Thing Called Love?” by Cole Porter.

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But as Jenkins notes, only the compositions — what appears on the sheet music — and not any particular recordings are entering the public domain. So the version of “Tiptoe” recorded by Tiny Tim, which made that artist a popular star in 1968, is still under copyright.

“Singin’ in the Rain,” which most people associate with the 1952 film musical of that name, is entering the public domain.

Fans of the Gene Kelly/Debbie Reynolds film may be unaware that it was conceived by Arthur Freed, then the head of MGM’s musical feature unit, as a vehicle to exploit the back catalog of songs he and composer Nacio Herb Brown had written in the 1920s and 1930s; of the 16 full-length and excerpted songs in the movie, all but two were original products of their collaboration or had words by Freed or music by Brown. “Moses Supposes” was written by others for the movie and “Make ‘Em Laugh,” by Freed and Brown, was acknowledged by Stanley Donen, who co-directed the firm with Kelly, to be a transparent rip-off of Cole Porter’s “Be a Clown.”

(My favorite backstage nugget about the movie’s production involves the physical torment that Reynolds, not a trained dancer, suffered at the hands of the perfectionist Kelly, which left her with bloodied feet after filming the “Good Morning” number. A close scrutiny of the scene reveals Reynolds continually glancing at the ground to make sure she was hitting her marks as she tried to keep in step with Kelly and co-star Donald O’Connor; anyway, no one can claim it doesn’t work perfectly.)

Sound recordings from 1924 are entering the public domain thanks to the 2018 Music Modernization Act. They include Gershwin’s recording of “Rhapsody in Blue” and Al Jolson’s recording of “California Here I Come.” But regular sound recordings made in 1929 are granted 100-year copyrights, so they won’t be available until 2030.

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Another exception covers music made to accompany movies, which receive the same copyright terms as the films. Accordingly, Jenkins notes, the recorded version of “Singin’ in the Rain” heard in the film “The Hollywood Revue of 1929” goes royalty-free on Jan.1, but not the version sung by Kelly in the 1952 movie.

The annual flow of copyrighted works into the public domain underscores how the progressive lengthening of copyright protection is counter to the public interest—indeed, to the interests of creative artists. The initial U.S. copyright act, passed in 1790, provided for a term of 28 years including a 14-year renewal. In 1909, that was extended to 56 years including a 28-year renewal.

In 1976, the term was changed to the creator’s life plus 50 years. In 1998, Congress passed the Copyright Term Extension Act, which is known as the Sonny Bono Act after its chief promoter on Capitol Hill. That law extended the basic term to life plus 70 years; works for hire (in which a third party owns the rights to a creative work), pseudonymous and anonymous works were protected for 95 years from first publication or 120 years from creation, whichever is shorter.

Along the way, Congress extended copyright protection from written works to movies, recordings, performances and ultimately to almost all works, both published and unpublished.

Once a work enters the public domain, Jenkins observes, “community theaters can screen the films. Youth orchestras can perform the music publicly, without paying licensing fees. Online repositories such as the Internet Archive, HathiTrust, Google Books and the New York Public Library can make works fully available online. This helps enable both access to and preservation of cultural materials that might otherwise be lost to history.”

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Indeed, as Jenkins and others have documented, overly long copyright terms often keep older works out of the mainstream. “Films have disintegrated because preservationists can’t digitize them,” Jenkins has written. “The works of historians and journalists are incomplete. Artists find their cultural heritage off-limits.”

The countervailing benefits are minimal. The artistic lobby — specifically corporate owners of copyrighted content — maintain that longer terms protect the income streams of content creators, producing an incentive to create. But the truth is that after the first few years of publication the commercial value of the vast majority of copyrighted works declines precipitously to almost nothing. The value that might arise from follow-on creations of public domain works remains locked away and the copyrighted works become forgotten.

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Column: Business leaders bow to anti-DEI activists — except at Costco

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Column: Business leaders bow to anti-DEI activists  — except at Costco

It has long been clear that relying on corporate leaders to stand fast for social and economic progress is a mug’s game.

Big business talks the talk, of course. As I’ve written before, after the insurrection of Jan. 6, 2021, many corporate leaders pledged publicly to oppose the assaults from the political right wing on democracy.

Leading corporations said they would cease making campaign contributions to lawmakers who voted against certifying Joe Biden’s election or played a role in the insurrection in Washington.

Our efforts at diversity, equity and inclusion remind and reinforce with everyone at our Company the importance of creating opportunities for all.

— Costco responds to anti-DEI agitators

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Some made similar promises about state laws restricting abortion or voting rights, or talked openly about reducing their activities in states enacting such measures. They promoted their commitment to programs fostering diversity, equity and inclusion, known as DEI.

When push comes to shove, however, most of these companies folded like a poker player with a bad hand. That’s been especially evident on DEI, which became a target in the “anti-woke campaign” waged by right-wing culture warriors such as Florida GOP Gov. Ron DeSantis during the late presidential campaign.

Anti-DEI activism on the right gathered steam after the Supreme Court struck down college affirmative action admission policies in June 2023.

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Throughout this year, big corporations have retreated from the DEI landscape. The largest to do so is Walmart. In November, the company said it wouldn’t renew the five-year, $100-million commitment it made in establishing its Center for Racial Equity in the wake of the George Floyd killing, would cease using the term DEI and would end other diversity initiatives.

“We’ve been on a journey and know we aren’t perfect, but every decision comes from a place of wanting to foster a sense of belonging, to open doors to opportunities for all our associates, customers and suppliers and to be a Walmart for everyone,” the company said.

Ford, Harley-Davidson, Lowe’s and other companies said they would no longer provide workplace data to the Human Rights Campaign, a gay rights group, in part because the campaign’s widely published index of corporate progress enabled anti-LGBTQ+ activists to mount a backlash against participating companies.

That brings us to Costco. Almost uniquely among major public companies, Costco’s board has explicitly rejected the anti-DEI backlash.

The response from Issaquah, Wash.-based Costco came in the Dec. 11 proxy statement for its annual shareholder meeting, scheduled for Jan. 23. The meeting agenda includes a shareholder resolution proposed by the right-wing National Center for Public Policy Research, insinuating that Costco’s DEI program “holds litigation, reputational and financial risks to the Company, and therefore financial risks to shareholders.”

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The resolution calls on the board to report on “the risks of the Company maintaining its current DEI … roles, policies and goals.”

The Costco board unanimously advised shareholders to vote against the resolution. “Our commitment to an enterprise rooted in respect and inclusion is appropriate and necessary,” it said in its response. “Our efforts at diversity, equity and inclusion remind and reinforce with everyone at our Company the importance of creating opportunities for all. We believe that these efforts enhance our capacity to attract and retain employees who will help our business succeed.”

The board took direct aim at the center, the resolution proponent, which it accused of hiding its true goal. Although the center “professes concern about legal and financial risks to the Company and its shareholders associated with the diversity initiatives,” the board stated, “it is the proponent and others that are responsible for inflicting burdens on companies with their challenges to longstanding diversity programs. The proponent’s broader agenda is not reducing risk for the Company but abolition of diversity initiatives.”

That swipe seems to have hit home. “The recent wave of companies walking back their DEI in response to no greater threat than merely having the truth about their DEI programs exposed,” center staff member Stefan Padfield told me by email, “makes clear that any related burden[s] these companies are experiencing are of their own making as they seek to misuse shareholders’ money to advance neo-Marxist and neo-racist ‘equity’ agendas.”

Costco says it doesn’t have any comment about the shareholder resolution beyond the board statement.

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Although the Costco board didn’t go into detail, the center has assembled quite a record as a culture warrior. It’s a “partner” of the Stop Corporate Tyranny coalition, which describes itself as “a one-stop shop for educational resources exposing the Left’s nearly completed takeover of corporate America.” It has opposed initiatives to combat global warming, asserting that global warming isn’t happening, and it promotes cryptocurrency.

Costco’s straightforward response to the center’s proposed resolution may not be that much of a surprise. The company is generally known as employee-friendly, with favorable ratings from workers posting on Glassdoor. Among its benefits, health coverage with low co-pays is available to workers employed for at least 23 hours a week for 180 days.

Its approach to union organizing activity may not be entirely welcoming, but seems to lack the truculence and hostility shown by retailers such as Starbucks and Amazon.

Of Costco’s roughly 219,000 employees, about 18,000 are represented by the Teamsters. Remarkably, when 238 Costco workers in Norfolk, Va., voted to affiliate with the Teamsters a year ago, Chief Executive Ron Vachris and his immediate predecessor, W. Craig Jelinek, issued a joint statement blaming themselves.

They said they were “not disappointed in our employees; we’re disappointed in ourselves as managers and leaders…. The fact that a majority of Norfolk employees felt that they wanted or needed a union constitutes a failure on our part,” they wrote in a memo dated Dec. 29 and sent to all U.S. employees. CNN obtained a copy of the memo.

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That doesn’t mean that labor relations are free of conflict: Early in December, the Teamsters union filed unfair labor practice charges with the National Labor Relations Board against the company for what it called the company’s “calculated effort to undermine workers’ rights and disrupt the collective bargaining process.”

Asserting that the company’s worker-friendly reputation is undeserved, the Teamsters said Costco had “expelled union representatives from stores, harassed and intimidated workers for wearing Teamsters buttons and attire, sent employees home, and even changed locks on union bulletin boards” to prevent the union from disseminating information to workers. Costco said it has no comment on the charges.

A few words about shareholder resolutions are appropriate here. Following the Supreme Court’s decision on college affirmative action, the number of resolutions about DEI programs receiving a vote at corporate annual meetings rose appreciably, to 25 through May this year from 13 in 2023, according to the Conference Board.

To be fair, that’s still a small number among the roughly 3,000 public companies in the Russell 300 index. More notable, however, is that anti-DEI proposals remained deeply unpopular. Resolutions opposing workplace diversity programs garnered support from less than 2% of shareholders, on average; those favoring such programs received support from an average of 21% of shareholders, however. (Shareholder resolutions proposed by almost anyone other than corporate managements seldom get anywhere near majority support.)

The Conference Board, a nonprofit corporate research consultancy, has found that diversity programs aimed at managers and the rank and file enhance corporate fortunes. Companies with diverse management teams “demonstrate 19% higher revenues due to innovation,” the board says.

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Those with “higher racial and ethnic diversity [are] 35% more likely to have financial returns above their industry medians.” Commitments to diversity appeal to job applicants and tend to improve productivity.

On the other side of the coin are what the center’s Padfield claimed is “the wave of customer backlash we’ve seen against DEI.” He added, “rather than doing the right thing and evaluating the relevant risks … Costco is apparently doubling down on divisive and value-destroying DEI.”

The center told me by email that “one day, Costco will no longer have a DEI program. We hope for the sake of shareholders that it’s sooner rather than later.” Shareholders, workers and customers may hope for their own sake that the opposite is true — and that other businesses follow Costco’s example.

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