Illustration: Aïda Amer/Axios
The future of FDA user fees collided with DOGE-directed layoffs at a fiery House Energy and Commerce hearing Tuesday during which Democrats accused GOP colleagues of whitewashing a dismantlement of federal health agencies.
Why it matters: The user fees levied on industry to fund product evaluations could change under HHS Secretary Robert F. Kennedy Jr., who's been vocal about what he contends is FDA coziness with the industries it regulates.
Driving the news: The E&C health subcommittee took up a planned reauthorization of user fees for over-the-counter drugs and products with druglike claims. The fees were established in the CARES Act, which President Trump signed into law in 2020.
- "It is absolutely important that we continue this process and move forward on reauthorization," said E&C Chair Brett Guthrie.
- "The discussion we'll have today is critical as we consider the first reauthorization of this new program that affects so many Americans in their daily lives."
But Democrats shifted the conversation to layoffs, citing reports that significant percentages of the HHS cuts included user fee–funded positions.
- "An examination of user fees for over-the-counter drugs is a discussion that we should have, were it not for the Trump administration dismantling our public health infrastructure before our eyes," said E&C Ranking Member Frank Pallone.
- "Frankly, I can't believe we're all sitting here having complete hearings, like nothing is going on," said health subcommittee Ranking Member Diana DeGette.
- "Our premier research institutions, which are the gem of the entire world, are being dismantled before our very eyes, and we are just sitting here talking about sunscreen."
Between the lines: Sunscreen was indeed one of the products discussed at length at the hearing.
- Lawmakers particularly debated whether the FDA's standard for sunscreens should be changed, especially since sunscreens sold in Australia and other countries offer better protection from UVA radiation.
What we're watching: The OTC user fee program expires Sept. 30.
- In the past, user fee reauthorizations have served as a way to reform agency policy and can contain other health policy changes.
- It's not clear whether Kennedy would seek to change the user fee arrangement and fund product evaluations through taxes.
