Ethics watchdogs await RFK Jr.'s financial report
Health and Human Services Secretary Robert F. Kennedy Jr. has failed to file his annual financial disclosure by the May 15 federal deadline, leaving ethics watchdogs and lawmakers waiting to learn how much he has earned from ongoing litigation involving a company his department regulates.
Under the Ethics in Government Act of 1978, Cabinet officials are required to submit annual financial disclosure reports by May 15 each year. Kennedy was confirmed as HHS Secretary on February 13, 2025, in a narrow 52-48 Senate vote, with Senator Mitch McConnell being the only Republican to oppose his nomination.
The delayed disclosure has drawn particular attention because of Kennedy's financial ties to legal action against Merck, the pharmaceutical giant behind the Gardasil HPV vaccine. According to his initial financial disclosure filed during his confirmation process, Kennedy earned $856,559 in referral fees from the law firm Wisner Baum in connection with Gardasil litigation against Merck.
Regulatory Authority Over Vaccine Manufacturer
As head of HHS, Kennedy oversees a department of approximately 100,000 employees that runs 13 agencies, including the Food and Drug Administration, Centers for Disease Control and Prevention, and National Institutes of Health. These agencies regulate pharmaceutical companies like Merck. Kennedy also has authority over the National Vaccine Injury Compensation Program, which handles complaints about potential side effects from vaccines, including HPV vaccines like Gardasil.
Kennedy played a central role in building the legal cases against Merck. In 2018, he worked with vaccine injury attorney Robert Krakow to persuade influential lawyers to take up cases alleging the company misled consumers about Gardasil's safety and effectiveness. His involvement in spearheading this mass legal action has raised concerns about potential conflicts of interest in his current regulatory role.
Ethics Agreement and Recent Settlement
During his confirmation hearings, Kennedy initially indicated he planned to continue collecting referral fees from the Merck lawsuit. After facing criticism, he amended his ethics agreement and pledged to divest his financial stake by transferring it to his adult son.
In June 2026, Merck agreed to pay $50 million to settle more than 200 lawsuits regarding Gardasil. Senate Democrats, including Senator Elizabeth Warren, have questioned whether Kennedy's family will profit from this settlement and whether he has properly recused himself from decisions affecting Gardasil or vaccine litigation policy.
Federal ethics law provides several mechanisms for Cabinet officials to resolve conflicts of interest, including recusal from relevant decisions, divestiture of conflicting assets, requesting waivers, or transferring assets to family members. Waivers may be granted when conflicts are deemed minimal or outweighed by the government's need for the official's service.
The pending financial disclosure will reveal whether Kennedy received additional payments from the vaccine litigation while serving as HHS Secretary and provide clarity on his current financial interests in cases involving companies under his regulatory authority.
