Listening Session: Optimizing FDA’s Use of and Processes for Advisory Committees; Public Meeting; Request for Comments

The American Frozen Food Institute (AFFI) appreciates the opportunity to comment in response to the U.S. Food and Drug Administration ("FDA" or "Agency") virtual public meeting entitled "Listening Session: Optimizing FDA's Use of and Process for Advisory Committees." From manufacturers to distributors to suppliers to packagers, AFFI is proud to represent publicly traded and family-owned companies who help produce frozen foods and beverages for today's food service and retail marketplace and serve as economic pillars within their communities throughout the U.S. The frozen food industry contributes approximately $65.1 billion to U.S. GDP and accounts for 670,00 U.S. jobs. In addition to our members' strong role in economic growth, AFFI members share a commitment to food safety and scientific integrity. We appreciate FDA's decision to reevaluate and solicit input on how to optimize the agency's use of Advisory Committees. We also thank the dozens of individuals who presented during the June 13, 2024 Listening Session. FDA has solicited feedback on a discrete set of topics regarding the composition of Advisory Committees, Service on an Advisory Committee as a Special Government Employee, and Public Perception and Understanding of Advisory Committees. Although we agree that these are important issues, we believe that there are threshold questions that the agency is not asking. Notably, we question whether the current roster of standing Advisory Committees offers a sufficient platform to properly address the scientific issues that affect all FDA-regulated products and industries. Since FDA terminated the Food Advisory Committee in 2017, we are concerned that the FDA Advisory Committee system has not engaged in sufficient external review of scientific matters related to food. Although there are 32 distinct FDA Advisory Committees, there is no Advisory Committee purely dedicated to food matters. This has the potential to result in FDA reaching decisions related to scientific food matters without the benefit of external review and input. As explained in the comments that follow, we therefore urge FDA to (1) reinstate the Food Advisory Committee and (2) revise the Food Advisory Committee charter to ensure that Advisory Committee meetings incorporate a variety of perspectives and do not consist solely of presentations from agency representatives. We believe that these two recommendations will help to ensure FDA considers and incorporates, where appropriate, external scientific data and perspectives when evaluating scientific matters that impact the food system. As Commissioner Califf stated in his opening remarks during the Listening Session, properly functioning Advisory Committees are a critical component in achieving "sound science and sound policy." See the attached comments for further detailed comments.