NE Washington News

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) delivered the following opening remarks at today’s Health Subcommittee hearing titled “Evaluating FDA Human Foods and Tobacco Programs.”

“Today, we are here to discuss and evaluate the work that the Food and Drug Administration is doing related to its human foods and tobacco programs—areas that have a substantial impact on the health and safety of the American people.”

**Tobacco Usage in America**

“Last week, the CDC announced the results from its National Youth Tobacco Survey, which gave us a few reasons to be optimistic.

“Use of vaping products among America’s middle and high school students is down almost 70 percent since the 2019 peak of 5.3 million users.

“Also, according to the CDC, cigarette use among adults has dropped to 11.5 percent in 2021.

“There is more we can and must do to discourage young Americans from starting, help the 30 million or so Americans who already use cigarettes, and—I’ll add—address the alarming increase of marijuana usage among teenagers and young adults, whether in food or vaping products.”

**Center for Tobacco Products**

“According to a 2022 Reagan Udall report, the Center for Tobacco Products, which was established in 2009, is ‘confronting enormous challenges.’

“For example, out of over 26 million applications for Electronic Nicotine Delivery Systems or ENDS products, the Center has authorized fewer than 50 products.

“However, according to recent market data, those products only account for about 10 percent of sales, showing how behind the FDA is with keeping up with demand.

“The lack of clear enforcement policy and authorized products leaves tobacco users, distributors, and convenience stores in the dark on what products they can use and sell to those that are looking for alternatives to traditional cigarettes.

“Companies need clear guidelines on what is required to meet the standard for authorization and what changes to products require new applications.

“If the standards in current law need to be made clearer, Congress should have that discussion.

“It is evident that the FDA’s regulation of tobacco needs significant attention, and I’m glad we’re starting today.”

**Human Food Program**

“Turning to the Human Foods program, the FDA is responsible for regulating nearly 80 percent of the U.S. food supply and approving new food additives.

“This year alone there have been nearly 200 food recalls including deli products linked to a Listeria outbreak that has resulted in 57 hospitalizations and nine deaths.

“In addition, the Agency is still taking steps following an investigation of lead and chromium found in cinnamon applesauce pouches that CDC estimates poisoned more than 400 children.

“These incidents have raised concerns over our food supply's safety.

“We also must not forget about the infant formula crisis that occurred back in 2022.

“An independent report found factors within FDA’s control—the lack of clear vision and mission; lack of collaboration between offices; culture of indecisiveness; inaction—are what contributed to this crisis.

“I am glad FDA has acknowledged it needs improvement; recently announcing plans for a new ‘Unified Human Foods Program’ starting this October."

“As part of this effort," she continued "FDA stated it will prioritize helping American consumers make informed food choices alongside safety/response activities."

“It’s essential FDA remains transparent regarding data/information reliance as it considers nutrition/food labeling proposals."

“I look forward," she added "to hearing more about Agency's vision/program management while not losing sight core mission: keeping our food supply safe/secure."

"Congress provided substantial resources yet FDA requests millions more budget authority/user fees without clarifying current resource spending/utilization/enforcement."

"I look forward discussing better existing resource/authority utilization improving our food supply quality/safety finally getting Center working after falling short over decade.”

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