After baby formula crisis, FDA’S reforms are inadequate

The Food and Drug Administration vowed to make big changes to its food safety teams after the 2022 infant formula crisis exposed deep flaws in the agency’s culture, technology and structure. On Tuesday, the FDA finally revealed its fix: creating a new deputy commissioner for human foods.

This is a major disappointment. The new deputy commissioner would not even have authority over all food safety. Confusingly, there will still be a separate Office of Regulatory Affairs that handles food safety investigations. On a call with reporters, FDA Commissioner Robert Califf and Principal Deputy Commissioner Janet Woodcock spent 45 minutes trying to explain which powers this new deputy would have and which the Office of Regulatory Affairs’ leader would exercise.

The purpose of this reorganization is to create a clear leader overseeing human food safety and a streamlined reporting process. It needs to be simple. This change does not achieve that.

In fact, the FDA has already tried this before. There was a deputy commissioner of food. The position was eliminated in the early years of the Trump administration. Even in the unlikely event that reestablishing the job spurs broad improvement, there is no guarantee it will endure under future FDA commissioners.

During the baby formula disaster, the FDA was too slow to react to tragic infant deaths and a whistleblower report outlining safety failures at a formula plant in Michigan. It was unclear who was in charge at key moments. But that crisis wasn’t an isolated incident. Several independent FDA reviews found years of “constant turmoil” and slow responses to food emergencies. Congress passed the 2011 Food Safety Modernization Act after a series of distressing foodborne outbreaks. A decade later, similar problems persist.

It does not help that for years the agency’s food program has been an afterthought compared to the FDA’S drug side. An independent report released in December recommended splitting the FDA into a food agency and a separate drug agency to finally give food safety the attention, funding and clear leadership it deserves. This is a good idea that Califf should have endorsed on Tuesday.

This sweeping reform would better reflect the scale of the FDA’S problems than the modest reorganization the agency announced this week.