Robert Kennedy Jr. was favorably voted out of the Senate committee 14-13 on 2/4 and will now go before the full Senate for confirmation. This was the key hurdle passing a divided committee where Sen. Cassidy was the Republican who was the swing vote. Cassidy is a physician who was troubled deeply by Kennedy’s vaccine stance. Yet he voted yes as he was assured that Kennedy will not ban any approved vaccines. Kennedy will almost certainly be confirmed, albeit it narrowly, in the full Senate.

I watched the two days of Kennedy hearings last week. Nothing he said allayed my fears about his feelings toward the pharmaceutical industry. The problem with Mr. Kennedy is his skepticism about many drug treatments. His public attacks mostly have been focused on vaccines but clearly his testimony was anti-prescription drugs.

His most alarming comment was to say prescription drugs are the third leading cause of death in the United States. I will not spend much time refuting this incendiary comment except to say it is grossly misleading. All drug treatment is a benefit / risk assessment and while true serious adverse events can kill people, the overwhelming evidence is benefits far outweighs risks.

He is right that diseases among children have increased the past few decades. No one in public health has objections to his goal of determining why autism, diabetes, food allergies, and ADHD have increased. Perhaps there is an explanation related to diet, food ingredients, pollution, or increased diagnoses. By all means we should allocate public funds to finding out. The problem with Mr. Kennedy is he seems to have already figured it out and his numerous books, speeches, and policy statements say things that are untrue, exaggerated, or based on scant evidence.

His most alarming comment was to say prescription drugs are the third leading cause of death in the United States.

After seeing the speed the Trump team is acting on many policy issues, would a Kennedy HHS be given the go ahead to remake our health care system at warp speed? Would DTC be a casualty of that tear it down approach from Kennedy? While I know we have constitutional protection for business free speech, will Kennedy act anyway to ban DTC and await court challenges?

We can only hope our industry lobbyists can make the case that banning or severely restricting DTC is a bad idea. There are many steps HHS can take short of a total ban including making television harder to execute through new guidances, finding more violative ads, slowing down pre-clearance reviews, and leveraging price negotiations to get companies to “voluntarily” restrict DTC.

I am not expecting Armageddon, but this time the threats feel different. I would be surprised if DTC is not affected in some negative way under the new Kennedy-led HHS.