FDA Senator Ron Johnson sends letter to FDA Cmsnr Califf asking important questions about deeming ban

[Bob Chill]

I disagree with the 'chest thumping' idea - said earlier by someone else as well, but he has subpoena power unlike any other chairman in the Senate in that he needs no vote to issue - at least that's how I understand it - see Lara's post or mine much earlier in another thread where it is written out what his powers are.

The FDA might not be 'required' to reply to his letters, but they would be required to respond to a subpoena. Again, as he has said elsewhere, he was going to make requests by letter first before going to the subpoena.

Thanks for this, Kent.

Chest thumping may not have been the best term. Appeasing would be a better one. Johnson Creek got in his ear and he wrote a letter to stir the pot because he has the authority to do so. Pretty cool but it would be better if it was a Judge sending the letter...lol

 

[Kent C]

Thanks for this, Kent.

Chest thumping may not have been the best term. Appeasing would be a better one. Johnson Creek got in his ear and he wrote a letter to stir the pot because he has the authority to do so. Pretty cool but it would be better if it was a Judge sending the letter...lol

I actually tried to find a Johnson Creek connection and didn't find one - open secrets site where contributions are listed... none there. Anyway, this could be just as good as a judge if it brings attention to other congressmen and Senators....

 

[DC2]

Let me just summarize this for those that aren't following closely enough...

Ron Johnson has the power to shove a large tree limb up the FDA's behind.
And he seems to have a desire to do so.

There are very few things that are not good about any of this.
In fact, there are probably NO things that are not good about this.

The end.

 

[KODIAK (TM)]

The FDA might not be 'required' to reply to his letters, but they would be required to respond to a subpoena.

Didn't seem to bother Eric Holder when he wiped his behind with his.

 

[Kent C]

Didn't seem to bother Eric Holder when he wiped his behind with his.

This is true. He did resign, so perhaps Califf has a choice to make.

 

[KODIAK (TM)]

This is true. He did resign, so perhaps Califf has a choice to make.

Califf won't hang for anything. At best he'll rent a forklift and dump all the FDA's paperwork on Johnson's doorstep. That should tie up his staff for 6 months (if they even sift through it at all).

Pardon my cynicism everyone. I've just been soured by the 114th U.S. "do nothing" congress for some time now. That leaves judicial action as our only recourse I fear.

 

[mostlyclassics]

Pardon my cynicism everyone. I've just been soured by the 114th U.S. "do nothing" congress for some time now. That leaves judicial action as our only recourse I fear.

I agree with you, KODIAK, regarding judicial action as being the only recourse.

But, with our divided system of government, it's awfully hard for the legislative branch to get the executive branch to behave, if they don't want to. Look at how long it took for Congress to get the list of targeted conservative 501(c)(4) organizations from the IRS. Three years, and even so, it took a lawsuit filed in federal court to pry loose the list.

Yeah, there's a movement in Congress to impeach John Koskinen, that political hack who runs the IRS. But what does he care? He's most likely history in January 2017, and thus beyond impeachment.

I suspect the hacks running the FDA are going to use the same strategy in their final months: stonewall, delay, obfuscate.

In its roughly century of existence, the protections afforded to unelected Executive Branch employees have been a miserable failure, in my opinion. The country might be better off returning to the spoils system. At least that way we'd have a clean sweep every time the government changes to the other party.

 

[nclobo]

So, what I like about this letter:

Majority Media | Homeland Security & Governmental Affairs Committee | Homeland Security & Governmental Affairs Committee

"If the FDA does not provide an adequate response to these inquiries, the Committee may be forced to resort to other means to compel the production of this information."

I hope this means stall tactics will not be tolerated. If they respond without full disclosure, the Committee will not be satisfied and take it up a few notches.

 

[garyoa1]

Right On Ron.

It's time to put some "Checks" back into this Government that is supposed to be based on Checks and Balances.

Oh, I dunno. Seems to me they get enough "blank checks" to fill their coffers and keep a pretty big balance. (In their bank accounts)

 

[rwoodin]

FDA's only mission is to ban e-cigarettes at all costs. Every one of their actions, such as stalling for time by not responding to Senator Johnson's initial request, is calculated to improve the odds of the current regulations taking out ecigs entirely. There is no 'reasoning' with the FDA, to come up with any sort of compromise. They are a tribe of fully funded, like minded individuals, that believes the end justifies the means. That they can use bad, immoral and dishonest methods as long as they accomplish something good by using them. That 'something good', in FDA's view, is complete control over the e-cigarette market and all of the benefits (for them and their cohorts) that control will produce. I think the FDA may have painted themselves into a corner yet again, with their own egotistical zealousness in defining the regulations based on what they feel, rather than scientific reality. Here's to hoping that the Senators and other lawmakers demands for FDA transparency will allow the facts to speak for themselves.

 

[Max-83]

I'm afraid the FDA may have the upper hand on the senator here. It's just about full fledged political season now. Many polls running for there seat and some for they're political career,the senator included.
FDA can just stall tactics, the most effective just could be to give senator Johnson exactly what he's asked for, all that material will swamp the Committee giving no time to sift through
all the fodder.

 

[FishingBuffalo]

Sen. Johnson could also use the FDA snubbing him to influence Cole/Bishop to hopefully pass, thus thumping FDA on the nose for the time being. That bill is supposed to be voted on sometime this month.

 

[KODIAK (TM)]

I suspect the hacks running the FDA are going to use the same strategy in their final months: stonewall, delay, obfuscate.

Or, they may simply continue to ignore Johnson and keep calling his bluff. (Thus far, I'm right).

When you think about it, why the heck would the FDA ever respond? Johnson's accusations pretty much condemn their actions and now he's telling them to bring their own tree switch and meet him in the woodshed. His threats make for a good read but there's really no legal compulsion for them to do anything.

 

[Max-83]

Sen. Johnson could also use the FDA snubbing him to influence Cole/Bishop to hopefully pass, thus thumping FDA on the nose for the time being. That bill is supposed to be voted on sometime this month.

I'm not really trying to throw cold water on the senators actions, just being realistic.
As I understand it the senates appropriations bill has already been passed with no pro vaping amendment. Cole/ Bishop is an amendment to the house bill. If cole/Bishop were to pass it then needs to go to the next step of reconciliating the two bills.

 

[LittleBird]

The Senate has not paid much attention to vaping issues. Sen Johnson's interest may represent the means through which senate engagement occurs. At the very least, I suspect the majority will use reconciliation of House and Senate appropriations, including Cole-Bishop, as an opportunity to stick it to the minority.

 

[choochoogranny]

What good then are Senators and Representatives when they've given governmental department "Tzars" the power to rule........and without consequence? They're appointed by the President so an extention of his political thinking.......whether Constitutional or not. As our Government has grown so has the number of Department Tzars. Whatever happened to the "kitchen cabinet"?

 

[Semiretired]

Thank you for your attention to this matter.

And thank you for posting this...

 

[mostlyclassics]

For what it's worth, Sen. Johnson has fired another shot across the FDA's bow:

Sen. Johnson Demands Answers From the FDA...Again - Vaping360

 

[satchvai]

He's building a paper trail for the upcoming lawsuits. The FDA's non-response to their oversight committee certainly won't win any points in Court!

 

[sonicdsl]

For anyone who's on Twitter, Sen. Johnson tweeted his letter out today, along with a new hashtag:
#AnswerRonJohnson