FDA Has Most of HHS Withdrawn Regulations: Survey

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A new Public Citizen report reviewing the 457 rulemakings the Trump administration has listed as withdrawn says that FDA, with 26 withdrawn regulations, had the most of any HHS agency. Five of the 26 were designated as “economically significant,” expected to have an economic impact of at least $100 million. The report says that FDA withdrew a rulemaking that would have required prescription drug labeling information intended for patients to be presented “in a clear and concise” way so patients can “safely and effectively” take their drugs. It also withdrew at least seven tobacco or smokeless tobacco-related rulemakings.

Public Citizen says in a news release that the withdrawn measures “would have protected coal miners, prevented factory explosions, and provided equal rights for same-sex couples.” The release contains links to the report and to a dataset of the withdrawn rulemakings from the government’s Spring 2017 unified agenda released in July.

The advocacy group says the report shows that 26 of the 457 withdrawn rulemakings had legal requirements to meet due dates set by Congress. The agencies with the highest number of withdrawals were the Department of the Interior and HHS, the report says.

Report author Michael Tanglis says administration officials “have taken a victory lap to celebrate their efforts to halt regulations but have largely avoided discussing the details of the rulemakings they have stopped. If combustible dust causes another factory to blow up or if another coal mine explosion occurs, those celebrations will come back to haunt them.”

The report says that 38% of the withdrawn rulemakings were categorized as significant. On average, the rulemakings first appeared on a unified agenda in 2011. Close to 40% (180 rulemakings) had not appeared on a unified agenda in years, meaning that they were likely dormant rulemakings, Public Citizen says.

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