WASHINGTON — President Bush on Wednesday nominated acting Commissioner Andrew C. von Eschenbach to permanently head the troubled Food and Drug Administration, but a controversy involving science and sexual mores could stall his confirmation by the Senate indefinitely.
Democratic Sens. Hillary Rodham Clinton of New York and Patty Murray of Washington announced Wednesday that they would block a floor vote on the nomination until the FDA made a firm decision on the controversy -- whether or not to allow Plan B, the "morning after" birth control pill, to be sold without a prescription.
The same issue delayed confirmation of Von Eschenbach's predecessor, Lester M. Crawford, and is believed to have contributed to Crawford's precipitous resignation last fall.
The agency's scientific staff has long concluded that the contraceptive is safe and effective for over-the-counter use by women of all ages, according to internal memos recently released by Rep. Henry A. Waxman (D-Los Angeles). But senior FDA officials have repeatedly delayed a final decision. That has prompted some in the medical community, as well as Democrats such as Clinton and Murray, to charge that the agency compromised its scientific judgment under pressure from social conservatives influential in the Bush administration.
"This nomination will not move forward until there is a yes-or-no decision on Plan B," Murray said.
Von Eschenbach, 64, director of the National Cancer Institute and a renowned prostate cancer surgeon from Texas, has headed the FDA since the fall, when Crawford unexpectedly quit two months after being confirmed.
If Von Eschenbach is confirmed, he is expected to focus on streamlining the FDA process for approving new medications aimed at hard-to-cure diseases, such as several types of cancer. The agency also must establish a framework for regulating emerging fields such as genetic medicine. At the same time, the FDA is struggling to repair its image as a safety watchdog.
Von Eschenbach's nomination had been expected for several weeks.
Health and Human Services Secretary Mike Leavitt called him an "inspired choice." Not only does Von Eschenbach have an extensive medical resume, he also has been a cancer patient, having been treated for melanoma and prostate cancer.
"FDA needs permanent leadership to spur more innovation, improve drug safety and help life-saving drugs reach patients faster," Leavitt said.
