The FDA simply explains how the employees can continue influencing the agency after they get hired by the companies whose products they regulate.
FOIA productions to University of Maryland pharmacy professor Peter Doshi, which he shared with Just the News, show FDA ethics officers repeatedly telling employees who reviewed Moderna's COVID vaccine, then accepted job offers from Moderna they can legally work "Behind the scenes" - in quotes - to influence the FDA's treatment of their new employer.
FDA ethics officers proactively telling departing employees "'Don't worry, you can do this'" is different than employees simply knowing "It happens."
"Working behind the scenes does not necessarily equate to direct or indirect lobbying activities," FDA Media Relations Director Jeremy Kahn told Just the News, pointing to the "Behind-the-scenes assistance" provision in federal law.
The "Off-boarding" process for departing employees "Includes the optional opportunity to disclose information about their plans after FDA employment, which may include the identity of prospective employer, if applicable," Kahn said, though the agency "Does not currently have a mechanism to confirm if post-government employment was obtained and where."
Commissioner Robert Califf has repeatedly promoted claims that are not FDA claims to promote increased vaccination and booster rates, including that people who didn't get an updated Pfizer vaccine "Appeared to be unprotected" and that vaccinated children are less likely to develop so-called long COVID. Manufacturers are prohibited from making such unvetted claims, former Office of Vaccines Research and Review Deputy Director Philip Krause recently told Congress.
Krause and Gruber resigned after the FDA approved COVID boosters over their objections, though Gruber told Congress she was planning to leave before COVID and Krause had signaled his exit after getting sidelined in the full approval of Pfizer's vaccine.
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