THE MANUFACTURE OF UNCERTAINTY.
For Michaels, these companies are the scientific equivalent of Arthur Andersen. He calls their work "mercenary" science, drawing an implicit analogy with private military firms like Blackwater. If the companies can get the raw data, so much the better, and if they can't, they'll find another way to make findings of statistically significant risk go away. Just throw out the animal studies or tinker with the subject groups. Perform a new meta-analysis. Conduct a selective literature review. Think up some potentially confounding variable. And so forth.
They can always get it published somewhere. And if they can't, they can just start their own peer-reviewed journal, one likely to have an exceedingly low scientific impact but a potentially profound effect on the regulatory process. ...
The 1998 Data Access Act (or "Shelby Amendment") and the 2001 Data Quality Act, both originally a glint in Big Tobacco's eye, enable companies to get the data behind publicly funded studies and help them challenge research that might serve as the basis for regulatory action. Meanwhile, the 1993 Supreme Court decision in the little-known Daubert v. Merrell Dow Pharmaceuticals case further facilitates the strategy, unwisely empowering trial court judges to determine what is and what isn't good science in civil cases. Under Daubert, judges have repeatedly spiked legitimate expert witnesses who were otherwise set to testify about the dangers demonstrated by epidemiological research. Often juries don't even hear the science any more because the defense can get it thrown out pre-trial.
It's all about questioning the science to gum up the works. The companies pose as if they are defending open debate and inquiry and are trying to make scientific data available to everyone. In reality, once they get the raw data, they spend the vast resources at their disposal to discredit independent research.
Read about the threat to public health and comment here.