Monday, May 23, 2022

Primaries and infant formula probes heating up

Delivered every Monday by 10 a.m., Weekly Agriculture examines the latest news in agriculture and food politics and policy.
May 23, 2022 View in browser
 
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By Meredith Lee

With help from Hannah Farrow

QUICK FIX

— Two of the four top lawmakers on the House and Senate Agriculture Committees are facing primary elections on Tuesday. Both are favored, but could be drawn into a potential runoff, in contests that could shape who's in charge of writing the next farm bill.

— With parents and caregivers still struggling to find infant formula, the political firestorm over the shortage heats up this week. FDA Commissioner Robert Califf and senior leaders at Abbott, Gerber and Reckitt will testify before a House panel on Wednesday about the government and industry's response to the crisis. Califf also faces a separate Senate panel on Thursday.

— Agriculture Secretary Tom Vilsack is headed to the Hill, too, to testify before the Senate Ag Committee on Thursday about farm policy and rural issues, but he's also expected to field infant formula questions. Vilsack oversees the WIC nutrition program for low-income moms and babies, which buys about half of all formula in the U.S.

HAPPY MONDAY, MAY 23. Welcome to Morning Ag. Infant formula response tips? Story ideas? Send them to meredithlee@politico.com or @meredithllee and follow the team at @Morning_Ag.

 

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Driving The Day

PRIMARY DAY AWAITS AG LEADERS: House Agriculture Chair David Scott (D-Ga.) and Senate Ag ranking member John Boozman (R-Ark.) face some of their toughest primary challengers yet in tomorrow's elections.

Scott, a Blue Dog Democrat, is fending off contenders to his left in his suburban Atlanta district, including a former state senator. His challenges are making the case that the district needs fresh representation in Congress. As your host has reported, some Democratic lawmakers have recently raised questions about Scott's health and his effectiveness leading the committee.

Meanwhile, Boozman is facing a string of pro-Trump, right-wing candidates, including a former NFL player backed by a conservative mega-donor. The two-term senator is polling well ahead of the pack — but could be in danger of not clearing the 50 percent of votes required to avoid a run-off.

Farm bill influence at stake: If they keep their seats, both men will be in key positions to shape the upcoming 2023 farm bill. And if Republicans flip the Senate in the November general elections, Boozman would be poised to take over the committee as chair.

CONGRESS WANTS ANSWERS ON FORMULA LAPSES: Meanwhile, lawmakers will get another chance to grill the FDA chief and major formula companies this week as Congress continues digging into the widespread shortages facing families and caretakers.

Califf last week didn't dispute the protracted timeline of the FDA's slow response to the infant formula situation, from a bacterial outbreak at an Abbott Nutrition plant to an eventual recall and worsening shortages. "The dates are well known," he told appropriators. "The information is in the public."

However: Califf, who was confirmed by the Senate a week after the Abbott recall, did promise to have more answers this week. We'll see if that comes to fruition when he testifies Wednesday before the House Energy and Commerce Committee's oversight panel, along with FDA's Frank Yiannas, deputy commissioner for food policy and response, and Susan Mayne, director of FDA's center for food safety and applied nutrition. (More details on the hearing here.)

Notably absent from the witness list: Janet Woodcock. She was the acting FDA chief when the agency received a 34-page whistleblower complaint about the Abbott plant last October. Califf has recently elevated her to a larger role overseeing FDA's food policy, as Helena reported last week.

Woodcock is now helping oversee the internal review of the agency's response, which House Appropriations Chair Rosa DeLauro (D-Conn.) last week described as a "fox in the henhouse" situation.

Reminder: As POLITICO first reported, FDA's lagging response spanned several months. FDA was told in September of the first infant hospitalization linked to formula made at the Abbott plant in Sturgis, Mich.

FORMULA COMPANIES UNDER SCRUTINY: Three senior employees at some of the country's largest formula companies will also appear before the Energy and Commerce subcommittee, including Christopher Calamari, who heads Abbott's U.S. and Canada Nutrition division.

Scott Fitz, vice president of technical and production at Gerber, and Robert Cleveland, senior vice president of nutrition at Reckitt for North America and Europe will also face lawmakers.

Abbott's role in the bacterial outbreak, recall and shortages stemming from its Michigan plant will be front and center at the hearing. The company has denied that its formula made four infants ill, two of whom died. The FDA says it's too early to tell.

DeLauro last week vowed to hold the FDA and Abbott accountable. "Recalls happen, but this company has lied. It's cut corners. It's falsified records to cover up misdoings at the sake of infant health," she said.

Meanwhile, House Speaker Nancy Pelosi has even said "there might be a need for indictment."

IT'S VILSACK'S TURN ON THURSDAY: The ag secretary will testify before the Senate Agriculture Committee for the first time since his confirmation hearing more than a year ago.

Republicans have been itching to bring Vilsack back to press him on inflation, President Joe Biden's energy and vaccine policies, the high cost of agricultural inputs and the administration's handling of agricultural trade, to name just a few issues.

The hearing is titled "Opportunities and Challenges Facing Farmers, Families and Rural Communities," so they'll have broad latitude to bounce around topics. (It's set for Thursday at 10 a.m.)

Formula questions: Of course, Democrats and Republicans alike are likely to raise questions about the administration's response to the infant formula situation, even as the Agriculture Department has largely escaped lawmakers' ire. As we've reported, lawmakers have aimed their fury at FDA while praising what they've described as quick action from USDA.

That includes Vilsack giving flexibility to WIC recipients so they can buy any available formula — not just the brand associated with their state's contract. The federal nutrition program purchases more than half of all formula in the country, so the shortage has been especially disruptive for low-income mothers and their babies who rely on WIC — and raised questions about how the state contract system helps a handful of major manufacturers dominate the formula market.

The House and Senate last week passed legislation that aims to ensure WIC recipients can still access formula during future shortages and recalls.

More formula moves: Vilsack also traveled to Indiana on Sunday to welcome a military plane carrying 132 pallets of Nestlé specialty formula, flown in from Germany as part of Biden's recent actions to ease the shortage.

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Row Crops

— The Buy Safe America Coalition is calling on the Federal Trade Commission to launch an investigation into stolen baby formula and price gouging on marketplace platforms amid the nationwide shortage. The Biden administration has been warning of scams.

— A small band of importers and sailors are using smaller sailboats to deliver lower-carbon coffee beans across the Atlantic to avoid the need for heavy-polluting cargo ships, Bloomberg reports.

— A brutal May heat wave is hitting much of the U.S., endangering people and livestock. Over half the U.S. population faced forecasts of 90 degrees or warmer this weekend, according to CNN.

THAT'S ALL FOR MA! Drop us a line: meredithlee@politico.com and ecadei@politico.com.

 

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