BERLIN, Germany — The U.S. Food and Drug Administration (FDA) missed a self-imposed deadline last month to decide whether to ban controversial electrical shock devices used to manage self-injurious behavior in people with intellectual disabilities and autism. The delay has reignited outrage among disability rights advocates, who argue the devices—still in use at one Massachusetts facility—amount to cruel and inhumane treatment.
The FDA’s 2022 decision to review the devices was tied to a May 31, 2024, deadline, but no ruling has been issued. The practice, which delivers electric shocks to individuals as a form of behavioral control, has been widely condemned by medical and human rights organizations, including the United Nations and the American Academy of Pediatrics. Yet, the Judge Rotenberg Center (JRC) in Canton, Massachusetts—the only known U.S. Institution still using the devices—continues operations without interruption.
“This is not just a medical issue; it’s a human rights crisis,” said Autistic Self Advocacy Network (ASAN) Executive Director Andrew Pulrang. “The FDA’s silence is enabling a practice that has been called torture by the UN and rejected by nearly every other developed nation. We need accountability now.”
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What Are Electrical Shock Devices, and Why Are They Controversial?
Electrical stimulation devices, such as the GED (Great ESCs for Behavioral Control) and RED (Rotenberg Electrical Device), were approved by the FDA in the 1990s for use in residential treatment facilities. They deliver controlled electric shocks to individuals exhibiting self-injurious or aggressive behaviors, often those with intellectual disabilities or autism. The devices are worn like a wristwatch and can be triggered remotely by staff.
Critics argue the devices violate international human rights standards, including the UN Convention Against Torture, which defines torture as any act causing severe pain or suffering. The American Academy of Pediatrics has called the practice “punishing” and “non-evidence-based,” while the UN Committee on the Rights of Persons with Disabilities has repeatedly urged the U.S. To ban them. As of 2023, Disability Rights International reported that the U.S. Was the only country still using such devices.
Yet, the Judge Rotenberg Center—founded in 1971 and operating under a 2020 Massachusetts Supreme Judicial Court ruling that allowed continued use—remains defiant. The center treats approximately 60–70 individuals annually, primarily with autism and intellectual disabilities, using the devices as part of its “behavioral intervention” program.
Why Has the FDA’s Review Taken So Long?
The FDA’s delay stems from a complex legal and ethical maze. In 2022, the agency announced a pre-market review of the devices, citing concerns over their safety and efficacy. However, the process has been complicated by:
- Legal challenges: The JRC has fought multiple lawsuits, including a 2020 Massachusetts case that temporarily blocked a state ban on the devices.
- Lack of consensus: While most medical and disability rights groups oppose the devices, some parents and former staff at the JRC argue they provide a “last resort” for severe behavioral crises.
- Regulatory hurdles: The FDA must balance public health concerns with the JRC’s argument that the devices are “lifesaving” for certain individuals.
Disability advocates point to the FDA’s own 2023 public health assessment, which concluded that the risks of electrical stimulation devices “outweigh any benefits.” Yet, with no ruling issued, the JRC continues operating under a 2021 emergency use authorization—a temporary measure that has now expired.
Who Is Affected, and What Happens Next?
The primary victims of these devices are individuals with intellectual disabilities and autism, many of whom cannot communicate their distress. Former recipients and their families describe the shocks as physically and psychologically traumatic. For example:
“I was shocked hundreds of times. It felt like being electrocuted. I would scream, but no one would stop it.” — Former JRC resident (The Guardian, 2021)
Advocates warn that the FDA’s inaction emboldens the JRC and sends a message that the U.S. Prioritizes profit over human rights. The center has faced multiple investigations, including a 2023 probe by the U.S. Department of Justice into allegations of abuse. Meanwhile, international pressure grows: The UN Human Rights Council has repeatedly urged the U.S. To comply with global standards.
What Can the FDA Do Now?
The FDA has not confirmed a new deadline, but legal experts suggest several paths forward:
- Emergency suspension: The FDA could invoke its authority under the Federal Food, Drug, and Cosmetic Act to temporarily halt the devices’ use while conducting a full review.
- Public hearing: Advocates are pushing for a public comment period, similar to the FDA’s 2023 review of conversion therapy products, to gather testimony from former recipients and experts.
- State-level action: Massachusetts lawmakers have reintroduced bills to ban the devices, though legal challenges remain.
For now, the JRC continues operating under a 2024 interim order, pending the FDA’s decision. Disability rights groups are organizing a national campaign to pressure the agency, including a planned protest outside FDA headquarters in June 2024.
Key Takeaways
- The FDA missed its May 31, 2024 deadline to rule on electrical shock devices used at the Judge Rotenberg Center.
- The devices, condemned by the UN and AAP, remain in use at one U.S. Facility despite global opposition.
- The JRC operates under a temporary FDA authorization, with no confirmed end date.
- Disability advocates are pushing for an emergency suspension and public hearings.
- Massachusetts lawmakers are pursuing state-level bans, though legal battles persist.
What You Can Do
If you’re concerned about this issue, consider:
- Submitting a public comment to the FDA urging a ban.
- Supporting organizations like ASAN or Disability Rights International.
- Sharing verified information to raise awareness (see FDA resources and UN disability rights).
The next critical checkpoint is the FDA’s public hearing, expected in late June 2024, followed by a potential ruling by September 2024. Stay informed by monitoring:
This story demands urgent attention. Share your thoughts in the comments below—or join the conversation on social media using #BanShockDevices. Together, we can push for a future where no one is subjected to such inhumane treatment.