House Committee Threatens FDA Subpoena
Republicans on the House Energy and Commerce Committee say there has been no response from FDA to their 7/18 request for information and documents about the agency’s foreign drug inspection program. In a 12/13 follow-up letter to FDA commissioner Robert Califf, the committee leaders say they are prepared to issue a subpoena if FDA does not produce the requested documents by 1/5/2024.
“The committee is concerned that HHS, including FDA, has made a deliberate decision to understaff and under-resource its ability to respond to oversight requests,” the letter says.
The legislators write that since their July letter, “it has come to light that FDA ended its unannounced foreign inspection program because the agency believed it was an obstacle to deeper collaboration with India. That same reporting also alleges that FDA undermined a Department of Defense initiative to independently test the quality of imported drugs used by the military out of fear that it would undermine FDA’s credibility. In addition, a newly published study has confirmed that FDA foreign inspections in 2022 were down 79% compared to 2019, while at the same time, the number of ‘citations rose dramatically, despite all establishments being given advance notice of inspections.’”
The letter reviews some foreign drug recalls that have occurred since the July letter and says that domestic production of vital medicines continues to be under stress.
“In short,” it says, “drug shortages plague our nation. The U.S. cannot afford additional disruptions to the drug supply chain that reduce the availability of essential medications and force doctors and patients to make difficult treatment decisions. Members of the committee have repeatedly expressed concern regarding the effectiveness of FDA’s foreign drug inspection program, including at two separate hearings in this Congress before the Subcommittee on Oversight and Investigations and the Subcommittee on Health.”
The committee stresses that addressing drug shortages remains a top priority and that it has a right to the requested information and documents that are necessary to carry out its constitutional oversight responsibilities and to inform pending legislation.