Coming soon to the "genetic supermarket" near you

Recent medical studies have indicated that synthesized human growth hormone (hGH) may cosmetically enhance short, but otherwise perfectly healthy, individuals by adding inches to their final predicted height. In this note, Curtis Kin examines the legal and ethical implications of such a discovery, arguing that nontherapeutic hGH treatment is likely the first of many biotechnology and gene therapy enhancements that may be available to the public in a "genetic supermarket" of enhancement products. Mr. Kin finds that the current regulatory framework for biotechnology and gene therapy inadequately regulates unapproved uses of hGH and fails to address properly its implications for a genetic "race to perfection." He proposes changes to the current regulatory framework that will enforce a strict distinction between therapeutic and enhancement applications of biotechnology and gene therapy. These changes in the law, Mr. Kin reasons, will help to solve the social and ethical problems posed by these emerging developments in technology.     

Oral contraceptives and breach of warranty under the Uniform Commercial Code

This is a discussion of the issue as to whether a woman who either becomes pregnant while on pills or suffers side effects as a result of taking birth control pills has a breach of warranty cause of action under the Uniform Commercial Code. It is concluded that the woman has no cause for action against her doctor. In fact, it is unlikely that the woman will be able to support a claim of breach of warranty against anyone in the chain of supply, either the pharmaceutical company or the distributor. Previously decided cases offer no precedent as to when a breach of warranty can be found as a result of side effects produced by pills. Warnings which presently accompany oral contraceptives are insufficient. However, a woman claiming damages must prove that the side effects she suffered were directly caused from use of oral contraceptives. There is the assumption of risk issue, whether the woman assumes the risk by reading the information booklet and deciding to take the pills anyway. Revised warnings should certainly be included with pills.