US Media Investigation: Over 20 Former FDA Lawyers Switch To Tobacco Industry, Experts Call For Limits To Prevent Conflicts Of Interest

US media investigation: Over 20 former FDA lawyers switch to tobacco industry, experts call for limits to prevent conflicts of interest

 

A survey by The Examination magazine shows that over the past 15 years, more than 20 FDA lawyers have left the agency and its tobacco product center to provide advice and support to the tobacco and e-cigarette industry. The former director of the FDA Policy Office suggested prohibiting former employees from working for the tobacco and e-cigarette industry for at least one to two years after leaving to ensure greater independence.

 

According to a survey by The Examination magazine on October 29th, over 20 US Food and Drug Administration (FDA) lawyers have left the agency and its tobacco product center over the past 15 years to provide advice and support to the tobacco and e-cigarette industry. This information comes from investigations of biographies, court documents, published works, company websites, and federal government records.

 

It is reported that the FDA's Office of Chief Legal Counsel has approximately 160 lawyers, excluding other legal advisors who do not engage in litigation and work for other departments of the agency, including the Tobacco Products Center. The tobacco and e-cigarette industry is recruiting talents with insider knowledge of the FDA in order to weaken or lift relevant regulations in certain situations.

 

In 2023, Perham Gorji, a government lawyer who had previously led the FDA's efforts to combat tobacco and e-cigarette products, left the agency to join DLA Piper, a large law firm representing the tobacco and e-cigarette industry. One of the new clients of the law firm is Philip Morris International, which is seeking FDA approval for its latest version of IQOS. In an interview, Gorky stated that he does not consider himself to have "joined the opposition". He believes that Philip Morris is at the forefront of efforts to help people quit smoking.

 

Recently, Alex Varrone joined Sidley Austin law firm, whose clients include Juul Labs and the global smoke-free action organization long funded by Philip Morris. Two former FDA lawyers are also representing e-cigarette manufacturers to register investment companies (Wages and White Lion Investments) in a lawsuit challenging the FDA's e-cigarette application review, which is currently pending in the US Supreme Court.

 

Jessica Tierney's experience is also an example. She joined the FDA Tobacco Products Center in 2011 and was involved in issuing warning letters to manufacturers and retailers accused of illegally manufacturing and selling tobacco and e-cigarette products. In 2021, Tierney joined Thompson Hine, one of the law firms defending e-cigarette manufacturers. She stated in a press release that she looks forward to helping clients comply with FDA regulations and uncovering the mystery of the agency and its policies and procedures.

 

The conflicts of interest related to this are outside of FDA bans. Some lawyers at the FDA Tobacco Products Center have stated that former employees representing the tobacco and e-cigarette industry after leaving have raised internal concerns about conflicts of interest. Interviews with these situations indicate that some former FDA lawyers are still in contact with their former colleagues and are aware of internal issues and litigation strategies to support the tobacco and e-cigarette industry's position.

 

Former FDA Policy Office Director Eric Lindblom suggested banning former employees from working for the tobacco and e-cigarette industry for at least one to two years after leaving to ensure greater independence. His proposal failed to materialize, but his viewpoint still receives widespread attention.

 

Unrestricted conflicts of interest by the FDA may have significant impacts on public health. Former FDA legal advisor Daniel Aaron pointed out that lawyers who leave the FDA to serve the tobacco and e-cigarette industry may have far-reaching impacts on the products that ultimately appear on store shelves and public health.

 

When the FDA began regulating tobacco in 2009, it mainly relied on lawyers from other departments who lacked experience in tobacco, or young lawyers who had just graduated from law school. Despite public health advocates assisting employees in familiarizing themselves with key tobacco issues, lawyers still feel overwhelmed.

 

Previously, public health experts criticized the FDA for its "inaction" and "caution" towards tobacco. It took the agency over a decade to push forward with a rule to eliminate mint cigarettes, which could save thousands of lives in the United States. The FDA issued a proposal to ban such products in October 2023, but the proposal was shelved due to lobbying from tobacco companies. Public health organizations have filed a lawsuit against this and are intensifying efforts to prove that the FDA has never reasonably advanced the ban on peppermint cigarettes.