A COMMISH MANY WILL MISS

By Paul Gray

After announcing his decision last week to resign as commissioner of the Food and Drug Administration, David Kessler remarked, "We took on some of the most difficult regulatory challenges, and I think we've made some progress." Not even the numerous--and vociferous--critics of Kessler's tumultuous six years at the FDA would argue with the first part of that statement. Kessler, 45, was a rarity among Washington bureaucrats: a political appointee willing to embrace controversy and weather the consequences.

Named to the post by George Bush in 1990, Kessler inherited an agency understaffed and demoralized after the antiregulatory ardor of the Reagan years. Within months the new commissioner flexed some muscle. He ordered thousands of gallons of orange juice seized from grocery shelves because they were labeled "fresh" but made from concentrate. This was a bold, some said outrageous, move; the difference between fresh and concentrated orange juice is not life-threatening, so why the strong-arm tactics? But everyone involved in the manufacture of the annual $1 trillion worth of products subject to FDA approval got the message: the watchdog had new teeth.

A lot of snapping and snarling sessions ensued, and Kessler won more than his share. In 1994 he announced new rules that required all manufacturers of processed foods to list their fat, fiber and calorie content. A former pipe smoker, he took on the tobacco industry, insisting that the FDA has the authority to regulate nicotine as an addictive drug and calling for restrictions in cigarette ads aimed at minors. He also lost a few battles, including his attempt to keep untested dietary supplements off the market.

But Kessler managed to offend as well those who cheered his moves against Big Business. He approved olestra, a fat substitute that can cause diarrhea and cramps, and BST, a hormone injected into cows to increase milk production--arguing in both cases that his decision was based on sound science. The FDA under his regime was faulted for being too laggard in approving new drugs, even though Kessler cut the waiting time from 33 months to 19 months.

President Clinton, who retained Kessler, last week praised his "tireless commitment to better the lives of our citizens." Whoever is named to succeed Kessler will have a hard time matching his credentials: Harvard M.D., law degree from the University of Chicago, a practicing pediatrician. The last may explain his preventive philosophy at the FDA: "When you win in pediatrics, you win big. You win 72 years."

--By Paul Gray