Tobacco Documents Online

A GOP Leader in Senate Blocks Nominee for FDA . Worry on Henney's Regulatory lZ . vs Cited Post Staff Writer A powerful Republican senaizir is blodd~ the Clinton administra- lion's nominee to head the Food and Drug Administration because of concerns that she might take activist stands on issues such as abortion and tobacco. Senate MajorKy Whip Don Nicldes (R-Okla.) is bloeking full Senate consideration of Jane E. Henney because "several senators have some concerns about Doctor Henney--there's a feeling that she has a propensity to legishte by regulation7 said Nickles aide Brook Simmorr~ Nickles's a~on delays action on Hemie/s nomination, which had seemed to be proceeding smoothly toward approval, until at least after the first oflt~eyear. Citing the FDA's efforts during the Clinton administration to reg- ttlate tobacco and to bring RU- 48~, the French "abortion pill," to this country, Simmons said that if members of the Senate "feel that someone is trying to take away Congress's legislative authority, that raises a red flag." Abortion has long been. a polifi- eal minefield; after discussing the abortion i~ue extensively in hear- ings, however, the Senate Labor and Human Resottrces Com~ttee voted o~ in favor of. • Hetmey's nomination. Tobacco is also one ofthe mos~ Henney's predecessor, Davi0. ~ Ke~ler, took onthe industry by~ • asset~:ngthe agency's authorityM regiS, te cigarettes and smokeless: tobacco. Mqch of the FDA's regtt$ htory authority over tobace%~ however, was strdck down by the! 4th U.S. Circuit Court of Appeals~ after a tobacco industry challenge.( That deeisa'on has. been appealed," so the scope of FbA authority ultimately will be determined by the Supreme Court Henney, 51, a top officer at FDAin the early 1!~0% lind n6 part in tlie agency's tbbacco p.l~n or On RU.-~LHHS officials saiE Simmons said,, however, that "in conversations with the nominee herself, She indicated her support for the FDA'tobacco regulations.~ In her 71 pages of.answers to senators' questions, Henney wrote that "if confirmed, I wl31 abide by' final ,judicial or congressional ac- tion with resp~ to FDA's juriv diction over tobacco product&" Health and Hunmn Services Secretmy Donna E. Shalah criti- dzed Nickles' action, which in- F3,L~.PI~OTO/BY RAY LU~11G--THE WASHlf~GTON POST Sen, DonfficMes says "several senators have some concerns." volved placing a "hold" on the nomination and ~vas fast reported in the publication Congress Daily. ".~Every single candidate the president sends up supports b_is positions on a wide w,~riety of Bsu~" she sakk Henney, abe said, , "is .eminently qual~ed for the J-Ienn~, who is head of the University of New Mexico Medi- cal Center, has beea endorsed by the American Cancer Society, the Am~can Medical Associa[ion, patient groups and many private companies regulated by the FDA.= . "There is absolutely no basis for their refusal to allow a vote," said Sen. ffeff Bingaman (D-N.M.), a Henney supporter. T!3599-0488