Examining the FDA’s Regulation of Over-the-Counter Monograph Drugs

Health Care Costs and Drug PricingHouse Energy and Commerce Subcommittee on Health · 2025-04-01 · 119th Congress
The Energy and Commerce Subcommittee on Health met to examine reauthorization of the Over-the-Counter Monograph Drug User Fee Program (OMUFA), which funds FDA's review of common OTC drugs like pain relievers, allergy medicines, and sunscreens and is set to expire September 30, 2025. Begins at 0:11:36
Transcript
Highlights

Title

Reauthorizing the FDA's Over-the-Counter Monograph Drug User Fee Program

Purpose

The Energy and Commerce Subcommittee on Health met to examine reauthorization of the Over-the-Counter Monograph Drug User Fee Program (OMUFA), which funds FDA's review of common OTC drugs like pain relievers, allergy medicines, and sunscreens and is set to expire September 30, 2025. Witnesses from industry, consumer safety, and patient advocacy groups testified on program successes and reform priorities, particularly around sunscreen ingredient approvals, while Democrats used the hearing to press about that morning's announced firings of 3,500 FDA employees and the resignation of vaccine official Dr. Peter Marks. Begins at0:11:36

Who spoke

Chairman Buddy Carter (R-GA)0:11:36: Opened by explaining OMUFA's 2020 origins under the CARES Act and its September 30, 2025 expiration0:12:36, highlighting Georgia manufacturers Symrise and Kobayashi as success stories0:13:070:14:00.

Rep. Diana DeGette (D-CO), Subcommittee Ranking Member0:15:42: Argued Congress, not Musk or "Doge," fixed the monograph system0:15:42, and blasted RFK Jr.'s mass HHS layoffs and cancellation of NIH grants at FAMU and University of Colorado0:18:28; read from Dr. Peter Marks's resignation letter accusing the secretary of wanting "subservient confirmation of his misinformation and lies"0:19:47.

Chairman Brett Guthrie (R-KY), Full Committee Chair0:21:19: Reviewed OMUFA's history versus PDUFA/MDUFA/ADUFA and cited a 2017 CDER director's testimony that 88 simultaneous rulemakings once covered 800+ active ingredients0:23:05.

Rep. Frank Pallone (D-NJ), Full Committee Ranking Member0:25:15: Said the administration plans to cut FDA staff by nearly 20% (3,500 positions)0:25:45 and that industry sources estimate 50% of eliminated jobs are user-fee related0:28:38.

Kevin Menzel, President, Focus Consumer Healthcare / CHPA board member0:31:05: Said OMUFA covers over 300 active ingredients in 100,000+ products and every $1 spent on OTC medicines saves the health system $70:33:05; backed publishing the ~200-facility user-fee "arrears list"0:36:12.

Douglas Troutman, American Cleaning Institute0:36:58: Described a "free rider problem" where non-paying companies benefit from ACI-funded safety studies on antiseptic ingredients0:38:37; flagged California AB 916, which would ban three legally marketed antiseptic ingredients, as preemptable under federal law0:40:34.

Kim Wezik, Director of Advocacy, Melanoma Research Foundation (PASS Coalition)0:41:51: Said no new OTC sunscreen active ingredient has been approved since the 1990s, leaving the U.S. with under 10 UV filters versus 30+ globally0:45:00; cited over 700,000 new skin cancer cases and 75,000 deaths from 2014–20222:02:20.

Scott Faber, EWG, Senior VP Government Affairs0:46:47: Warned that firing 3,500 FDA staff will delay drug reviews, worsen foodborne illness risk, and undermine sunscreen safety oversight0:47:43; said many fired employees—biostatisticians, inspectors, label reviewers—are not "reviewers" by title but are essential to reviews1:03:47.

Carl D'Ruiz, DSM-Firmenich, Senior Manager Beauty and Care0:51:26: Said the U.S. has approved no new UV filters since 1999 versus nearly 30 in Europe0:53:24; said FDA's animal-testing and MUST-trial requirements could be replaced with modern non-animal toxicology methods0:54:35.

**Rep. Kathy Castor / Chair questioning self0:56:18** — Chairman Carter resumed as questioner, citing that 240 million Americans use OTC products annually0:56:45.

Rep. Buddy Carter (questioning)0:57:15: Asked D'Ruiz about non-animal testing methods that could cut approval time from roughly 10 years to about 31:00:15.

Rep. Diana DeGette (questioning)1:02:07: Pressed Faber on whether laid-off non-reviewer staff (biostatisticians, cosmetics rule staff) would delay reviews, including a Congressionally mandated cosmetic fragrance allergen rule due June 2024 that FDA has not published1:05:37.

Chairman Brett Guthrie (questioning)1:07:43: Asked each witness what in OMUFA "got it right" and what needs improvement, drawing responses on predictability, staffing, and communication1:09:01.

Rep. Frank Pallone (questioning)1:12:59: Asked Faber about FDA's enforcement capacity against "bad actors" and impact of layoffs on FDA's ability to recruit and retain talent1:14:23.

Rep. Neal Dunn (R-FL)1:18:03: Asked Wezik about the gap between U.S. and international sunscreen filters and whether epidemiological data from countries like Australia could be imported1:19:37.

Rep. Raul Ruiz (D-CA)1:22:48: Argued 20% FDA staffing cuts will directly harm review, inspection, and supply-chain safety1:24:36.

Rep. Morgan Griffith (R-VA)1:28:03: Asked whether the U.S. could import Australian or UK sunscreen safety data rather than repeat MUST trials and animal testing1:28:55; shared an anecdote about his son getting sunburned after distrusting U.S. sunscreens1:30:38.

Rep. Debbie Dingell (D-MI)1:33:46: Noted DOGE fired 700 FDA employees on February 24 and then had to rehire many safety experts1:34:40; pressed on GRASE standard risk from staffing cuts1:35:22.

Rep. Bill Randall (R-FL)1:39:31: Raised safety concerns about foreign-manufactured OTC drugs, citing 2024 recalls tied to tainted Chinese/Indian factories and a 2023 contaminated-eye-drops outbreak that blinded 14 and killed 41:40:431:41:10.

Rep. Robin Kelly (D-IL)1:44:58: Cited reports that HHS layoffs total 20,000 combined and asked Faber about risks to labeling transparency and vulnerable populations1:46:17.

Rep. Dan Crenshaw (R-TX)1:49:52: Asked about OMUFA's efficiency versus the NDA process and discussed a possible "behind-the-counter" pathway modeled on Australia/EU1:53:32.

Rep. Nanette Barragán (D-CA)1:55:02: Cited FDA's ~19,700 total employees, over 7,000 in CDER, and asked how cuts affect underserved populations' access to safety information2:00:10.

Rep. John Joyce (R-PA), dermatologist2:00:59: Noted his personal family history with skin cancer and asked about legislative provisions to fix the sunscreen approval backlog2:03:36.

Rep. Kim Schrier (D-WA), pediatrician2:06:58: Asked Faber whether FDA had adequate staffing even before the cuts and discussed Dr. Peter Marks's resignation and measles resurgence risk2:09:39.

Rep. Diana Harshbarger (R-TN), pharmacist2:12:07: Asked about OMUFA's role in supply-chain resilience given ~90% of ibuprofen sourced from China2:13:04.

Rep. Lizzie Fletcher (D-TX)2:17:34: Described HHS employees lining up to badge into buildings to learn if they still have jobs, and honored her uncle's melanoma survival via an MD Anderson clinical trial2:21:30.

Rep. Mariannette Miller-Meeks (R-IA), physician2:22:47: Asked about RX-to-OTC switch requirements, citing her own role introducing over-the-counter oral contraception legislation in Iowa2:24:15.

Rep. Alexandria Ocasio-Cortez (D-NY)2:27:25: Noted no new sunscreen filters since 1999 disadvantages people with more melanin2:27:50 and discussed baby formula contamination risk tied to inspection staffing2:31:42.

Rep. Cliff Bentz (R-OR)2:34:02: Questioned whether FDA's ~20,000-person workforce, even before cuts, was actually driving faster approvals2:35:26.

Rep. Jake Auchincloss (D-MA)2:39:15: Criticized DOGE healthcare lead Brad Smith for a potential conflict of interest given his ties to CMS-regulated companies2:40:34, and cited the closure of the FDA's Office of Pharmaceutical Quality lease in St. Louis2:42:28.

Rep. John James (R-MI)2:44:02: Asked about compliance burdens on small manufacturers like BMI Injection Molding in his district2:44:26.

Rep. Emilia Sykes / Rep. ... [labeled "Mr. Lance" in transcript, Ohio]2:49:55: Argued the hearing exists in "two different worlds" given the FDA layoffs, then had Faber confirm point-by-point that food safety, drug approvals, and innovation would all worsen2:50:45.

Rep. Nick Langworthy (R-NY)2:55:36: Noted melanoma rates in his district are 64% above the New York average and asked D'Ruiz how FDA can modernize sunscreen regulation2:56:20.

Rep. Lori Trahan (D-MA)3:00:44: Argued FDA cuts would increase consumer lawsuits and product recalls, undermining efficiency arguments3:01:42.

Rep. Kat Cammack (R-FL)3:05:28: Asked how Congress can strengthen enforcement against non-compliant manufacturers without burdening compliant ones3:06:55.

Rep. Herb Conaway / Rep. ... [labeled "Representative King," NJ]3:11:40: Highlighted OTC manufacturers based in New Jersey and asked about global supply-chain exposure3:14:03.

Rep. Bob Latta (R-OH)3:17:31: Noted he co-sponsored the original 2020 OMUFA law and asked Menzel about consequences of non-reauthorization3:20:02.

Key moments

DeGette read from Dr. Peter Marks's resignation letter: "truth and transparency are not desired by the secretary, but rather he wishes subservient confirmation of his misinformation and lies"0:20:18.

Pallone stated the administration plans to cut FDA staff by an additional 3,500, nearly 20% of the total workforce, and that industry sources say 50% of eliminated positions are user-fee related0:25:450:28:38.

D'Ruiz testified UV filter approval takes about 3 years under other countries' frameworks versus roughly 10 years under FDA's current GRASE and MUST-trial guidelines1:00:39.

Faber confirmed to DeGette that FDA missed a Congressionally mandated June 2024 deadline to issue a rule on cosmetic fragrance allergens, and said the layoffs make it unlikely to ever be finished1:05:371:07:04.

Wezik and D'Ruiz identified two specific FDA barriers blocking new sunscreen filters: the "MUST" (maximum usage trial) test and continued animal testing requirements, both largely unique to the U.S.0:45:592:37:51.

Menzel disclosed roughly 200 monograph-registered facilities are delinquent on user fees and that non-payment correlates with poor product quality, suggesting a public "arrears list" as an enforcement tool0:36:182:59:22.

Randall cited 2023 contaminated eye drops that blinded 14 people and killed 4, and 2024 recalls tied to tainted children's OTC drug factories in China and India1:40:431:41:10.

Fletcher described HHS employees lining up outside their building to badge in and learn via a green or red light whether they still had jobs, an account echoed later by Ocasio-Cortez2:18:032:28:45.

D'Ruiz said DSM-Firmenich has spent up to $20 million pioneering a new UV filter but lacks U.S. data protection, letting competitors — particularly Chinese companies — use the data without contributing to costs0:55:01.

Faber, under rapid-fire questioning from Rep. Latta (labeled in transcript as Ohio member), confirmed food safety, drug/device approval speed, vaccine oversight, and consumer choice would all worsen due to the day's FDA firings2:52:45.

Metadata

CommitteeHouse Energy and Commerce Subcommittee on Health
Chamber / CongressHouse · 119th Congress
Date2025-04-01
TypeHearing
Witnesses
Mr. Carl D’Ruiz, MPH — Senior Science, Advocacy, and Business Development Manager for Beauty and Care, North America
Mr. Scott Faber — Senior Vice President, Government Affairs
Mr. Kevin Menzel — Member, Board of Directors, Consumer Healthcare Products Association;
Ms. Kim Wezik, MPH — Director of Advocacy
Mr. Douglas Troutman — Interim Co-Chief Executive Officer
Videoyoutube
Transcript444 caption blocks · 30,467 words · 3:23:02 runtime
EventCongress.gov 118079