Restoring Trust in FDA: Rooting Out Illicit Products

Health Care Costs and Drug PricingHouse Oversight and Government Reform · April 9, 2025 · 119th Congress
The House Oversight and Government Reform Committee held this hearing to examine FDA oversight failures — including illicit e-cigarettes, unregulated hemp/CBD products, counterfeit and compounded GLP-1 weight-loss drugs, and food safety — while also confronting the Trump administration's recent mass layoffs at FDA and HHS. Begins at ▶ 0:01:30
Transcript
Highlights

Title

FDA layoffs, illicit vapes, hemp regulation, and drug supply safety

Purpose

The House Oversight and Government Reform Committee held this hearing to examine FDA oversight failures — including illicit e-cigarettes, unregulated hemp/CBD products, counterfeit and compounded GLP-1 weight-loss drugs, and food safety — while also confronting the Trump administration's recent mass layoffs at FDA and HHS. Republicans focused on regulatory dysfunction that they said allowed illicit Chinese products to flood US markets, while Democrats used the hearing to press witnesses on the public-health risks of gutting FDA staff. Five outside witnesses testified on tobacco policy, hemp law, food regulation, drug counterfeiting, and FDA leadership history. Begins at▶ 0:01:30

Who spoke

• Chairman James Comer (R-KY)▶ 0:01:30: Opened by blaming the Biden-era FDA for chronic disease, gender-identity clinical trial rules, infant formula shortages, and lax border enforcement against illicit tobacco/CBD▶ 0:02:56; later questioned Bentley and Miller on tobacco and hemp regulation▶ 1:01:35 and closed defending Trump administration actions, including opposing FDA approval of COVID vaccines for children▶ 3:15:44.

• Ranking Member Suhas Subramanyam (D-VA)▶ 0:05:41: Said the administration purged roughly 10,000 HHS workers including 3,500 FDA employees, with Secretary Kennedy admitting 20% of last week's cuts "should not have happened"▶ 0:06:09; cited firings of vape regulators, drug-shortage monitors, and bird-flu scientists▶ 0:07:28, and later questioned Dr. Kessler on the impact of cuts▶ 0:45:38.

• Mr. Guy Bentley, Reason Foundation▶ 0:12:23: Testified youth vaping fell over 70% since 2019▶ 0:13:21 while roughly 90% of e-cigarettes sold are illicit, mostly Chinese disposables▶ 0:13:43; said FDA has authorized only 34 vaping products and argued the PMTA process, not funding, is the bottleneck▶ 0:14:12.

• Mr. Jonathan Miller, Hemp Roundtable▶ 0:17:12: Described FDA's contradictory stance on CBD since the 2018 Farm Bill and the resulting market collapse▶ 0:18:09; outlined a four-pillar regulatory framework (youth access restrictions, quality control, labeling, packaging) and said "the hemp industry may be unique in that we are coming to Congress to ask, please regulate us"▶ 0:21:56.

• Mr. Richard Williams, Mercatus Center▶ 0:22:23: Recounted FDA regulating dietary supplements despite finding no benefit, saying "we have to get these guys somewhere"▶ 0:22:39; argued FDA should cut ineffective programs like 1930s-era food standards▶ 0:24:53 and later discussed infant formula shortages caused by FDA limiting suppliers to six manufacturers▶ 1:06:12.

• Mr. Shabbir Safdar, Partnership for Safe Medicines▶ 0:27:12: Described counterfeit and unlicensed GLP-1 weight-loss injectables sold online and via Etsy▶ 0:27:42; detailed a counterfeit Ozempic pen caught by an Arkansas pharmacist using a barcode scanner app called Pulse▶ 0:32:07, and a fraudulent shipment claiming manufacture at a Toronto health club that entered the US undetected▶ 0:31:17.

• Dr. David Kessler, former FDA Commissioner▶ 0:33:26: Said only 4% of active pharmaceutical ingredients are made in the US versus 80% from China and India▶ 0:34:14; warned China is overtaking the US in scientific research, citing $500 billion in Chinese R&D investment▶ 0:36:48; said the FDA cuts amount to "flying a plane with only co-pilots" and that losing thousands of person-years of expertise "may not be fixable"▶ 0:45:38▶ 0:50:05.

• Rep. Anna Paulina Luna (R-FL)▶ 0:39:50: Criticized FDA for allowing Red 40 dye and benzene in sunscreen while raiding Amish dairy farms over raw milk▶ 0:39:50; said she will reintroduce the "Do or Die Act" to remove toxic dyes from food▶ 0:43:24.

• Rep. Jimmy Gomez (D-CA)▶ 0:45:10: Pressed Kessler on how FDA/HHS firings affect drug approval timelines and bird flu response, referencing a case in his district▶ 0:45:38▶ 0:46:59.

• Rep. Pete Sessions (R-TX)▶ 0:50:57: Warned that Delta-8 THC products are marketed to children and cause cognitive harm, citing a county sheriff's account of ER visits▶ 0:51:56▶ 0:54:22.

• Rep. Jared Moskowitz (D-FL)▶ 0:55:58: Questioned Williams on a measles article attributed to him and pressed Bentley and Safdar on tariff and vaping statements, including flavored vapes like "Rainbow Road" and "Sour Skittles"▶ 0:59:52▶ 1:01:10.

• Rep. Comer (self-recognized questioning)▶ 1:01:35: Asked why FDA fails to regulate hemp and tobacco despite billions in user fees▶ 1:01:35.

• Rep. Robert Garcia (D-CA)▶ 1:07:24: Criticized RFK Jr.'s record on vaccines and HIV, and questioned Kessler on HIV/AIDS research cuts▶ 1:08:22▶ 1:58:14.

• Rep. Kweisi Mfume (D-MD)▶ 1:19:38: Focused on diversity in clinical trials and the Henrietta Lacks Act, asking Kessler whether removing diversity guidance harms medical science▶ 1:24:51.

• Rep. Scott Perry (R-PA)▶ 1:26:39: Asked Safdar and Kessler about drug shortages and reliance on Chinese/Indian API manufacturing▶ 1:27:02▶ 1:28:24.

• Rep. Julie Fedorchak / "Miss Brown" (D-OH)▶ 1:33:16: Questioned Kessler on FDA cuts' effect on cosmetics oversight and pressed on formaldehyde in hair straighteners marketed to Black women▶ 1:36:16.

• Rep. Andy Biggs (R-AZ)▶ 1:38:38: Defended compounding pharmacies as distinct from counterfeiters and questioned Safdar's funding sources▶ 1:41:08.

• Rep. Maxwell Frost (D-FL)▶ 1:45:52: Cited 15 FDA recalls in one month and asked Kessler how lab and inspector cuts affect food safety and allergen labeling▶ 1:47:46▶ 2:08:44.

• Rep. Byron Donalds (R-FL)▶ 1:52:53: Showed an illicit Chinese vape product and questioned Bentley on FDA's multi-agency task force against illicit vapes▶ 1:52:53▶ 1:54:38.

• Rep. Robert Garcia / Rep. Summer Lee (D-PA)▶ 2:16:36: Called the hearing hypocritical given FDA firings and cited Dr. Peter Marks's resignation letter accusing the secretary of wanting "subservient confirmation of his misinformation and lies"▶ 2:16:36▶ 2:19:16.

• Rep. William Timmons (R-SC)▶ 2:22:13: Asked Safdar about counterfeit GLP-1 pens and freight shipments tied to fake manufacturing addresses▶ 2:23:07.

• Rep. Stephanie Bice / "Miss Stanbury" (D-NM)▶ 1:43:16: Argued the committee should be investigating the administration's own cuts rather than questioning industry witnesses, entering Dr. Marks's resignation letter into the record▶ 1:44:41▶ 1:45:31.

• Rep. Clay Higgins (R-LA)▶ 1:49:32: Questioned Williams on seafood import inspection rates, noting only about 0.1% of imported seafood is inspected▶ 1:50:23.

• Rep. Robert Garcia (self-identified as "Mr. Garcia from California," on RFK Jr.) — see above.

• Rep. William Timmons — see above.

• Rep. Ralph Norman / "Mr. Groman"▶ 1:12:56: Questioned witnesses on pharmaceutical influence over drug approvals and Americans' medication use compared to other countries▶ 1:13:55.

• Rep. Nancy Mace / "Miss Crockett" (D-TX)▶ 2:27:29: Criticized RFK Jr.'s record on measles and vaccines and pressed Kessler on leadership vacancies at FDA's tobacco center▶ 2:30:03.

• Rep. Pat Fallon (R-TX)▶ 2:32:41: Displayed images of a shop selling illegal Chinese vapes near the Capitol and asked Bentley what enforcement FDA actually takes▶ 2:33:22.

• Rep. Wesley Bell (D-MO)▶ 2:37:37: Discussed a St. Louis FDA drug-testing lab whose lease Doge briefly cancelled, and asked Kessler about impacts on Center for Drug Evaluation and Research staffing▶ 2:38:04▶ 2:39:48.

• Rep. Tim Burchett (R-TN)▶ 2:42:32: Questioned Miller on Delta-8 products and child poisonings reported at East Tennessee Children's Hospital▶ 2:43:22.

• Rep. Ayanna Pressley (D-MA)▶ 2:47:52: Pressed for a federal ban on formaldehyde in hair straighteners marketed to Black women, citing NIH cancer-risk data▶ 2:48:10.

• Rep. Morgan McGarvey/"Mr. Magcguire" (R-VA)▶ 2:52:32: Asked panelists how dangerous Chinese-made chemicals and synthetic cannabinoids enter the US▶ 2:52:32.

• Chairman Comer (self-recognized, vaccine/autism questioning)▶ 2:57:52: Cited VAERS adverse-event data and autism-rate statistics, and asked Kessler about the ouster of FDA vaccine scientists Dr. Gruber and Dr. Krause▶ 3:00:32▶ 3:02:01.

• Rep. Mark Takano/"Mr. Men" (D-CA)▶ 3:03:12: Asked Kessler to address vaccine-autism claims and how workforce cuts and immigration policy affect the drug-approval pipeline▶ 3:03:12▶ 3:06:22.

Key moments

• Subramanyam said Secretary Kennedy admitted 20% of the prior week's roughly 10,000 HHS firings "should not have happened," including 3,500 FDA employees▶ 0:06:09.

• Bentley testified that despite huge consumer demand, FDA has authorized just eight vaping devices and 34 total vaping products, versus 22% of combustible cigarette applications approved▶ 0:14:12▶ 0:14:39.

• Miller said the 2018 Farm Bill legalized hemp, but FDA reasserted CBD's illegality within hours, later stating in 2023 it lacks authority to regulate CBD without new congressional action▶ 0:18:09▶ 0:18:37.

• Safdar detailed a counterfeit Ozempic pen intercepted in Arkansas via a barcode-scanning app, and a fraudulent GLP-1 shipment falsely tied to a Toronto health club that entered the US undetected▶ 0:31:17▶ 0:32:07.

• Kessler said only 4% of active pharmaceutical ingredients are produced domestically versus 80% from China and India, and that all 10 top chemistry research universities worldwide are now in China▶ 0:34:14▶ 0:35:33.

• Kessler disclosed that Dr. Peter Stein's office, credited with authorizing the antibody treatment that "appear[ed] to have saved President Trump's life" in 2020, was cut in the recent layoffs▶ 0:38:00▶ 0:38:25.

• Moskowitz confronted Williams with an article on RFK Jr. and measles attributed to him, which Williams denied writing; Moskowitz produced the article by unanimous consent later in the hearing▶ 0:56:26▶ 1:19:10.

• Kessler compared the FDA cuts to "a major airline" firing everyone except co-pilots, warning "we are less safe today" and that the loss of scientific expertise "may not be fixable" and could affect the country "for decades"▶ 0:46:08▶ 0:50:05.

• Biggs challenged Safdar over his organization's funding and predecessor, and entered articles into the record alleging ties between Safdar's group and pharmaceutical manufacturer lobbying▶ 1:41:08▶ 1:42:32.

• Comer closed by stating his personal view that FDA's approval of COVID vaccines "should be revoked" and that they "should be taken off the childhood vaccine schedule," while Kessler stated there is "no scientific link between vaccines and autism"▶ 3:15:44▶ 3:03:42.

Metadata

CommitteeHouse Oversight and Government Reform
Chamber / CongressHouse · 119th Congress
DateApril 9, 2025
TypeHearing
Witnesses
Mr. Guy Bentley — Director of Consumer Freedom, Reason Foundation
Mr. Shabbir Safdar — Executive Director, The Partnership for Safe Medicines
Mr. David Kessler — Former Commissioner, U.S. Food and Drug Administration
Mr. Jonathan Miller — General Counsel, Hemp Roundtable
Mr. Richard Williams — Senior Affiliated Scholar, Mercatus Center
Videoyoutube
Transcript444 caption blocks · 30,503 words · 3:16:45 runtime
EventCongress.gov 118131