Dr. Oz agrees to stop promoting health and wellness products if confirmed, Trump transition says
Mehmet Oz, the celebrity doctor picked by President-elect Donald Trump to oversee the country's Medicare and Medicaid programs, has agreed to stop promoting health and wellness products if confirmed by the Senate, according to a spokesperson for the Trump transition.
Likewise, Robert F. Kennedy Jr. – who recently raised eyebrows by appearing on his wife's social media account apparently showering naked in the background while she promoted her beauty line – also has agreed to disclose his finances and undergo a federal ethics review if confirmed as health secretary, said spokesperson Katie Miller.
"Both Mr. Kennedy and Dr. Oz plan to divest where appropriate and fully cooperate with the Office of Government of Ethics," Miller told ABC News.
Whether Trump's nominees planned to follow traditional ethics rules that have governed Washington policymakers for decades had been an open question.
Trump has picked several billionaires to lead his Cabinet, while Kennedy and Oz promoted wellness companies in new online posts even after being named as part of the incoming administration.
Experts say it's still possible for any nominee to try to test the bounds of ethics rules.
While many requirements are spelled out in law, Trump's Justice Department would be in charge of enforcing those rules. Trump also would ultimately be in charge of the federal ethics office after inauguration and would be responsible for pursuing or authorizing any disciplinary or corrective action among his cabinet members.
Still, the transition's promise to follow ethics rules is an important first step, aid Delaney Marsco, ethics director for the nonprofit Campaign Legal Center.
"It is one of the most basic commitments to not commit a criminal conflict of interest violation" when taking a government job, Marsco said.
"The price of having all this power is that you have to use it to serve the public. And part of that deal is that you can't have financial conflicts of interest that would cloud your judgment," she added.
Ethics laws require office holders to either divest investments that pose a conflict of interest or recuse themselves from making decisions related to those investments.
Separate federal regulations impose standards of conduct that generally prohibit government officials from promoting products online that could be seen as a kind of federal endorsement.
Five days after Oz was named as the incoming head of the Centers for Medicare and Medicaid – a federal agency that oversees federal health insure for 160 million Americans and regulates private insurers – he turned to social media to promote iHerb, an online retailer that sells vitamins and supplements.
"Thanksgiving is a perfect excuse for practicing gratitude -- which also happens to be a proven way to reduce stress. You can also reduce stress with adaptogens like ashwagandha from a trusted source like iHerb. Happy Thanksgiving!" Oz wrote on X, with a similar video message posted on his personal Instagram account.
Last month, Kennedy posted a similar post promoting an online fitness game called BoxBollen shortly after Trump named him to be health and human services secretary.
"The ideal stocking stuffer! " Kennedy said in a video playing the game and wearing the game's headband.
Kennedy quickly deleted his post.
Miller said Kennedy has canceled his promotional contract already, while Oz plans to end his relationship with iHerb to avoid any potential conflict of interest.
Oz also does not have any ongoing contractual agreements with weight-loss drugs, which he has promoted in the past on his syndicated television show.
Separately, Oz's regular posts promoting iHerb prompted calls this week by the liberal consumer watchdog group Public Citizen for an investigation by the Federal Trade Commission. FTC rules requires online influencers to make clear in their posts if they are being paid to promote products.
The FTC declined to comment on whether it would consider such a request. There are no records of past actions against Oz by the FTC.
Less clear is how federal ethics rules might apply to the business owned by Kennedy's wife, Cheryl Hines, which sells home and body products.
Marsco of the Campaign Legal Center said spouses typically aren't required to step away from their jobs or businesses because their partner was hired by the U.S. government. However, government officials are required to recuse themselves from making decisions that could impact their spouse's employment and would still have to divest financial holdings that conflict with their work.
Those details would have to be worked out with the ethics office and enforced by the president, she said. Under the law, the couple could divest their financial interest in the company to Hines' adult daughter while he remains in office.
Marsco said these requirements won't kick in until after Trump takes office and they are officially nominated.
"Assuming they follow through with what they've said, which is that they're going to fully cooperate and divest and follow all the conflict of interest laws and rules, then that is what is frankly expected of people in their position," she said.