FDA Regains Rulemaking Authority

The FDA is getting back its rulemaking authority, which was significantly weakened under President Trump, as the Biden administration reverses multiple policies from the previous administration.

Former HHS Secretary Alex Azar had taken away the ability of all the department’s operating divisions, including the FDA, to publish and implement regulations on Sept. 15, 2020. 

Current HHS Secretary Xavier Becerra has reversed this policy and re-delegated regulatory authority to the FDA, although his approval is still needed on certain rules.