During the early days of the COVID-19 pandemic, hand sanitizer became nearly impossible to find. The FDA, then under the Trump administration, temporarily waived strict drug manufacturing rules, allowing distillers to convert beverage alcohol into hand sanitizer. Thousands of small craft distilleries across the country stepped up, turning their facilities into makeshift sanitizer plants, filling a critical gap left by larger corporations.
But for many distillers, the goodwill didn't last. Aaron Bergh, owner of Calwise Spirits Co. in Paso Robles, California, recounts how the FDA under Health and Human Services Secretary Xavier Becerra later targeted these same businesses. Bergh was audited in December 2020, and shortly after, received a notice demanding a $14,060 flat fee for operating in 2020, with a threat of another $14,060 for 2021 if he didn't cease operations within three days.
Bergh went public with his story, sparking widespread outrage. The Trump-era HHS quickly intervened, reversing the fee and apologizing to distillers. But the saga didn't end there. In 2021, after Becerra took over, the FDA reopened cases against distillers like Bergh, citing the presence of acetaldehyde—a naturally occurring compound in fermented products—in the sanitizer they had produced.
Bergh had already donated his remaining sanitizer to a medical nonprofit in Haiti after the 2021 earthquake. Yet the FDA demanded additional audits, threatening costly recalls and fines. The American Craft Spirits Association drafted a letter to Becerra, but received no response. Bergh even reached out to his local congressman, a fellow Democrat, but only got a standard FDA reply declining to comment on ongoing investigations.
After Bergh shared his story publicly again, it went viral, leading to immense public pressure. The FDA eventually dropped its cases, but reserved the right to reopen them. No apology came from Becerra or his department. This pattern has raised questions about Becerra's leadership as he surges to frontrunner in the California governor race.
Bergh expressed frustration that Becerra, a former California congressman, showed little concern for a business from his home state. He noted that former Biden administration colleagues have voiced concerns about Becerra's effectiveness at HHS. Bergh argues that California voters deserve leaders who are responsive and accountable, especially as the state faces unprecedented challenges.
