As HHS chief, can RFK Jr. limit access to Ozempic? Here’s what you should know

November 26, 2024: This article has been updated to include a proposal for Medicare and Medicaid to cover obesity medications.

Ozempic? Robert F. Kennedy Jr. is not a fan.

“If we gave every man, woman and child in our country good food, three meals a day, we could fight the obesity and diabetes epidemic overnight,” he told Greg Gutfeld on Fox News before the election. He added that drugmaker Novo Nordisk “is counting on selling it to Americans because we are so stupid and so addicted to drugs.”

His opinions could remain just that – opinions. But after President-elect Donald J. Trump announced he would nominate Mr. Kennedy to head the federal Department of Health and Human Services, he could be given the power to implement some of his opinions into federal policy.

Mr. Kennedy has not said he will restrict access to Ozempic or other drugs. He did not respond to requests for comment about his potential duties as Health and Human Services secretary.

Here’s a look at what powers he would have in this role.

Can a health minister revoke the approval of a medicine?

The short answer is no.

The Food and Drug Administration is part of the Department of Health and Human Services, but the secretary does not directly approve drugs. Any attempt to revoke the approval of the obesity drugs would have to be initiated by the FDA

Holly Fernandez Lynch, An associate law professor at the University of Pennsylvania who specializes in FDA drug approval standards explained what it would take.

Reasons for withdrawal, they said, included convincing evidence that a drug was not safe or effective. Medicines could also be withdrawn if a company made “untruths in the application documents” or did not provide sufficient documents or required reports. Another reason, she added, was “manufacturing concerns,” which could include contamination of the drug or an inconsistency in its formulation.