It’s not clear yet whether Republicans in the U.S. Senate would confirm Kennedy’s appointment given his numerous personal and public health controversies, or whether Trump would dodge that potentially bruising roadblock with a recess appointment.
It would likely take Senate Republicans working with their Democrat counterparts to block Kennedy’s nomination through a traditional confirmation, while lawmakers of both parties in both houses could potentially remove Kennedy from the role at some point through the powers of impeachment.
Medtech and pharma companies are another group with the power to influence those lawmakers or Kennedy and Trump themselves, though leaders in those industries do not appear to have taken public stances on Kennedy’s nomination or proposals from him and Trump.
In a recent interview, FDA Commissioner Dr. Robert Califf discussed the potential for Trump and his HHS secretary to overrule the FDA and other agencies, and that industry support will be the biggest factor in keeping talented employees at the agency under Trump.
MassDevice has requested comment from major manufacturers of medical devices and pharmaceuticals and will update our coverage if we hear back.
“I have no doubt Mr. Kennedy has encountered firsthand the power of medical technology in his own life and his family’s,” AdvaMed CEO and President Scott Whitaker said in a statement to MassDevice today. “And I look forward to sharing our story with him, about the millions of lives our technologies transform in every care setting across the country.”
Kennedy has a history of vaccine disinformation and more recently suggested a ban on fluoride in drinking water and that he would eliminate entire FDA departments when he takes control.
Kennedy could have influence over authorizations for devices and drugs through the FDA — including those that have already been granted, such as abortion drugs or vaccines — and through the CMS could influence payments for those medical products.
Kennedy’s opposition to vaccines could prove particularly dangerous if the bird flu currently spreading in the U.S. accelerates into the pandemic that federal policymakers have been anticipating for decades.
After Trump’s election, Kennedy said he wanted to fire and replace 600 NIH employees on the first day of Trump’s term, according to ABC News.
While campaigning, Trump also promised to levy tariffs of at least 60% on imports from China and a 10% tariff on imports from all other countries. Those import taxes would almost certainly increase costs for medical device developers, manufacturers and their partners and customers.
The next Trump Administration may also scale back insurance coverage under the Affordable Care Act, which would limit patient access to health care, reducing payments to medical device companies.
And House Speaker Mike Johnson said Republicans would probably try to repeal or modify bipartisan legislation that increased funding for semiconductor production in the U.S. following years of shortages due to the COVID-19 pandemic.
“For too long, Americans have been crushed by the industrial food complex and drug companies who have engaged in deception, misinformation, and disinformation when it comes to Public Health,” Trump said in a social media post announcing his nomination of Kennedy. “The Safety and Health of all Americans is the most important role of any Administration, and HHS will play a big role in helping ensure that everybody will be protected from harmful chemicals, pollutants, pesticides, pharmaceutical products, and food additives that have contributed to the overwhelming Health Crisis in this Country. Mr. Kennedy will restore these Agencies to the traditions of Gold Standard Scientific Research, and beacons of Transparency, to end the Chronic Disease epidemic, and to Make America Great and Healthy Again!”
Medical Design & Outsourcing: AdvaMed congratulates Trump, but big questions remain for medtech regulation, import taxes and payments
