[Congressional Record Volume 141, Number 29 (Tuesday, February 14, 1995)]
[House]
[Pages H1748-H1749]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
THE FDA DOES ITS JOB
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Illinois [Mr. Durbin] is recognized for 5 minutes.
Mr. DURBIN. Mr. Speaker, there is a lot of debate in Washington about
the role of the Federal Government. You hear a lot said about Federal
agencies and what they do.
Let me tell you a little story about one Federal agency. Two weeks
ago this agency got a phone call and a tip, and the tip was that some
people in northern California shopping at a major supermarket chain had
bought some infant formula, and the color of it did not look right. So
they called this Federal agency in Washington, DC, which thought it was
serious enough to launch an investigation.
The net result of that investigation was the discovery that someone
was counterfeiting baby formula. In fact, they were taking the label
that everyone might recognize of one of the most popular brands of
infant formula in America and filling the contents of the can with
something other than that infant formula. As a result of that discovery
and the investigation, last Friday this Federal agency turned over
information to the Department of Justice and an individual was arrested
in Mission Viejo, CA, and charged with trafficking in counterfeit
goods, and a warrant was issued for a second person.
That Federal agency discovered that this conspiracy to release these
counterfeit baby formulas involved people not only in California but
also in Maryland. This agency seized 38,000 pounds of fake infant
formula and recovered another 6,000-plus pounds that had already been
put on grocery shelves.
The agency believes that they have now confiscated all of the phony
formula and they have told consumers not to be worried.
No details of the arrests have been made, because, of course, the
investigation is ongoing. It turns out these counterfeiters had
purchased bulk infant formula that had been manufactured for export
overseas, and it turns out that infant formula manufactured for export
does not have to meet the same criteria in terms of nutritional value
as the infant formula does in the United States.
My kids are all grown up, and I have not bought infant formula for a
long, long time, but these cans of infant formula were selling at $10 a
pop, so the folks who were out there with the counterfeit formula had a
lot of money to be made if they just could have pulled this off.
{time} 1850
They did not get the job done.
I might mention one other thing. This agency also discovered that the
plastic scoop that was enclosed in the infant formula can--everybody is
familiar with it, where you take a certain measure, put a number of
scoops in the bottle before you add water for
[[Page H1749]] the baby--and it was in the counterfeit baby formula
can, the scoop was too small.
So I said to the person at the Federal agency, ``What difference
would that have made?'' He said ultimately the mother would have
wondered, ``What is going on? Why isn't my baby gaining weight as he
was supposed to?''
Counterfeit formula, not enough nutritional value, an incorrect
scoop. The Federal agency moved in and did its job. Which Federal
agency? The Food and Drug Administration.
Most Americans do not know much about the Food and Drug
Administration, but in terms of the health of our family, it may turn
out to be one of the most important. Virtually all of the food, all of
the drugs, our Nation's blood supply, and so many other things depend
on the watchful eye of the Food and Drug Administration.
I did not come here tonight to just tell you an interesting and
positive story about that agency but to tell you there are forces afoot
in Washington, DC, and around the Nation that are literally attacking
the Food and Drug Administration, and in fact some of them have gone so
far as to suggest this agency should go out of business.
Now who in the world would do that? Well, it turns out it is a
coalition of very conservative groups, radical right-wing groups that
are coming together who want to turn out the lights at the Food and
Drug Administration.
Who are these folks? Well, if you peel back the cover and look
inside, they have all sorts of high-sounding names, names like the
Competitive Enterprise Institute, Citizens for a Sound Economy; all of
these different names. It turns out you look inside and you find out a
very interesting story. The political groups that are trying to put the
Food and Drug Administration out of business, the agency that is
responsible for protecting us, turns out to include some of the most
radical right-wing interests in America: the David Koch Foundation, the
Koch Family Foundation, created from the oil fortunes of Fred Koch,
founder of the extremist ultraconservative John Burch Society.
They put in $1.7 million to close down the Food and Drug
Administration. And a lot of companies that are regulated by the Food
and Drug Administration and are sick and tired of having that agency
look over their shoulders, they want to close them down, too.
The Smith, Richardson Foundation, with money from the Vicks Vaporub
and Smith Bros. Cough Drops, fortune, as well as the Merrell
Pharmaceutical Company, contributed $500,000 to this effort to close
down the Food and Drug Administration.
The information I am sharing with you is published in the New York
Times of last Sunday in an article by Phil Hilts, in a special to the
New York Times.
It reaches, unfortunately, to the House of Representatives, Newt
Gingrich, has called the Commissioner, the head of the Food and Drug
Administration, David Kessler, Mr. Gingrich has called him a thug and a
bully. He says the Food and Drug Administration is a job killer.
It turns out that a foundation which the Speaker is using to finance
his college video courses has received contributions from a number of
businesses regulated by the same Food and Drug Administration. I think
it is important that people all across America, when they hear folks
criticize Federal agencies, Washington bureaucracies, stop and ask a
few questions about which ones and why would you happen to be
criticizing them? There are too many regulations coming out of this
town, certainly, too many bureaucrats. We have to do our best to make
sure that we keep those on the job who are doing the job properly, and
those who are not have to be relieved of their responsibilities.
But be careful when you hear these charges made about the Food and
Drug Administration. Recall for a moment that if that agency had not
been on the job and doing it right, that counterfeit baby formula would
have been sold, perhaps, across the Nation to the detriment of infants
and to the detriment of the families who unwittingly would have been
purchasing these goods.
This is not the first time the Food and Drug Administration stepped
in. Do you recall a few years ago when the syringes were popping up in
Diet Pepsi cans? The Food and Drug Administration stepped in. They
proved it was a hoax. They saved the Pepsi Cola Company a lot of grief
and put them back on their feet.
It is an important agency, and let us not be too quick to do away
with them.
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