Murphy To Trump FDA Nominee: ‘you’ve Done A Pretty Good Job Of Avoiding Answering Questions’

WASHINGTON - U.S. Senator Chris Murphy (D-Conn.), a member of the Health, Education, Labor, and Pensions (HELP) Committee, on Thursday questioned Dr. Heidi Overton, President Trump's nominee to be Commissioner of the Food and Drug Administration, during her confirmation hearing. With public trust in the FDA collapsing in the second Trump administration, Murphy pressed Overton on the corruption of the Food and Drug Administration under President Trump, including a multi-million dollar pay-to-play scandal involving the tobacco industry.

"I share the chairman's concern about this dramatic reduction in faith in the FDA that has happened over the past year, and the reason is simple: people don't believe that science has anything to do with some of the decision making and that it's all about politics," said Murphy.

Murphy detailed the corruption scandal which led to the prior FDA commissioner's resignation: "On April 30th, it's a Thursday afternoon, Reynolds, one of the biggest tobacco companies in the country, makes an $8 million donation to the president. Two days later, on Saturday, because of that donation, they have lunch with the president and they tell him that they want a change in FDA rules, especially regarding flavored vapes. The president calls the FDA commissioner, he calls the secretary of HHS, and three days later, on Tuesday, new guidance is issued that paves the way to the sale of flavored vapes… And four days after that, the FDA commissioner resigns, either in protest or because he was fired because of his disagreement with this decision."

He pushed Overton to acknowledge and condemn the blatant corruption influencing FDA decisionmaking under Trump: "That is not a coincidence, right? That is the definition of political interference in FDA decision making… Do you see anything wrong with the chain of events that I just articulated for you? … Do you have any opinion as to whether that's the way that you want the FDA to work?"

Murphy highlighted Trump's pay-to-play scheme with Big Tobacco was enabled by the dismantling of the FDA advisory board system: "Let me talk to you about one of the ways that science has been undermined: the eradication of the advisory board system. Since President Trump came into office, 27% of all advisory boards have been eliminated, and of those that remain, there have been 72% fewer meetings. The tobacco advisory board had no specific meeting and no vote on this specific policy because if they had had a vote, they would have voted against this, and that's in part why the FDA commissioner resigned."

He demanded Overton commit to restoring those advisory boards: "So long as these advisory boards, which are authorized by Congress, are attacked, eliminated, and restricted from meeting, you are not going to rebound the public's support for independent FDA decision making. So let me ask you specifically: Will you commit to restarting the advisory boards that have been disbanded under this president?"

A full transcript of the exchange is available below.

Murphy:

Thank you very much Mr. Chairman. Listen, I share the chairman's concern about this dramatic reduction in faith in the FDA that has happened over the past year, and the reason is simple: people don't believe that science has anything to do with some of the decision making and that it's all about politics. Here's an example: on April 30th, it's a Thursday afternoon, Reynolds, one of the biggest tobacco companies in the country, makes an $8 million donation to the president. Two days later, on Saturday, because of that donation, they have lunch with the president and they tell him that they want a change in FDA rules, especially regarding flavored vapes, the president calls the FDA commissioner, he calls the secretary of HHS, and three days later, on Tuesday, new guidance is issued that paves the way to the sale of flavored vapes. That is not a coincidence, right? That is the definition of political interference in FDA decision making. Thursday a donation is made. Saturday a meeting with the president. The same day a call to the FDA commissioner, and three days later the FDA changes the rules. Extraordinary. And four days after that, the FDA commissioner resigns, either in protest or because he was fired because of his disagreement with this decision.

I heard you say that your commitment is to science being the guiding marker for decisions made at FDA, so let me talk to you about one of the ways that science has been undermined: the eradication of the advisory board system. Since President Trump came into office, 27% of all advisory boards have been eliminated, and of those that remain, there have been 72% fewer meetings. The tobacco advisory board had no specific meeting and no vote on this specific policy because if they had had a vote, they would have voted against this, and that's in part why the FDA commissioner resigned. And so, so long as these advisory boards, which are authorized by Congress, are attacked, eliminated, and restricted from meeting, you are not going to rebound the public's support for independent FDA decision making. So let me ask you specifically: Will you commit to restarting the advisory boards that have been disbanded under this president?

Overton:

Senator, thank you for the question, and I hope to have the opportunity to meet and discuss things in more detail. I think specific to your question, I will note that the FDA has had a number of advisory committees meeting, and I think they are extremely valuable from everything that I know about the FDA. If I'm confirmed as commissioner, they are a critical part of the role of the FDA.

Murphy:

Okay, I get it. But you've done a pretty good job of avoiding answering questions so far. So, will you commit? It's yes or no. Will you commit to restarting the committees that have been disbanded?

Overton:

Senator, if I'm confirmed as FDA commissioner, advisory committees will meet at the FDA. I have to look specifically at all of the ones that might be disbanded to see what you're asking, but the ones that I'm familiar with, like the vaccine-related biologic product advisory committee, has been meeting. They've been making recommendations. Those recommendations have been used as normal process, and I would continue that direction. It's critical to get there.

Murphy:

Will you at least commit to ceasing the campaign of disbanding committees, will you keep the committees that exist today, or are you open to shutting down more advisory committees?

Overton:

Senator, if I'm confirmed as FDA commissioner, advisory committees will be a critical part.

Murphy:

Can you commit to us that you will not shut down any additional advisory committees?

Overton:

Senator, my goal would be to not shut down any advisory committees, but to look at all of them to make sure they are fulfilling their highest purpose, getting the best experts on, and providing recommendations. They are a key part of the administrative record of the FDA, and the FDA does rely on that. So yes, that would be a huge part of my role if confirmed.

Murphy:

I think it's careful wording that your goal will be to not shut down advisory committees. That's not a commitment.

Finally, do you see anything wrong with the chain of events that I just articulated for you? I mean, that's an extraordinary story: an $8 million donation; two days later, a meeting of those donors with the president; an immediate phone call to the FDA to change the rules; four days later, the rules are changed; and four days after that, the FDA commissioner resigns. Do you have any opinion as to whether that's the way that you want the FDA to work?

Overton:

Senator, I reject the framing of that question. I will say, having worked for the president for a year and a half in this role, I know that he is committed to the best possible outcomes for Americans, and he wants his team to ensure that that is what is being delivered.

Murphy:

So you don't see any connection between the donation, the president's meeting, and four days later, the standards being changed?

Overton:

Senator, I reject the framing of that question. I think the president is aware that adults are using vapes to quit smoking, and that has been his direction, to get the best outcome for the American people in every decision that is made. If I'm confirmed as commissioner, that will be my commitment.