Over 20 former FDA lawyers join tobacco industry, sparking calls for conflict-of-interest rules

Oct.30.2024
Over 20 former FDA lawyers join tobacco industry, sparking calls for conflict-of-interest rules
More than 20 U.S. FDA lawyers have left the agency and its Center for Tobacco Products over the past 15 years to provide consulting and support to the tobacco and e-cigarette industries, according to an investigation by The Examination. A former director of FDA's Office of Policy has recommended a ban on former employees working for the tobacco and e-cigarette sectors for at least one to two years after leaving the agency to ensure greater independence.

A review by The Examination reveals that over the past 15 years, more than 20 lawyers from FDA have left the agency and its Center for Tobacco Products to provide consulting and support to the tobacco and e-cigarette industries, GenerationsansTabac reported Oct. 29. (The findings were compiled from a review of biographies, court documents, published works, company websites, and federal records.)

 

FDA’s Office of the Chief Counsel has about 160 lawyers, not counting other legal advisors not involved in litigation who work in various departments, including the Center for Tobacco Products. The tobacco and e-cigarette industries are actively recruiting individuals with insider FDA knowledge to potentially weaken or overturn regulations in certain cases.

 

In 2023, Perham Gorji, a former government lawyer who had helped lead FDA efforts against tobacco and e-cigarette products, left the agency to join DLA Piper, a major law firm representing tobacco and e-cigarette clients, including Philip Morris International. Philip Morris is currently seeking FDA approval for the latest version of its IQOS device. In an interview, Gorji stated he does not see himself as having "joined the opposition," suggesting that Philip Morris is at the forefront of efforts to "help people quit smoking."

 

Recently, Alex Varrone joined the law firm Sidley Austin, which counts Juul Labs and the Philip Morris-funded Foundation for a Smoke-Free World among its clients. Two other former FDA lawyers are representing Wages and White Lion Investments, an investment company backing an e-cigarette manufacturer, in a Supreme Court case challenging FDA’s e-cigarette application reviews.

 

Jessica Tierney’s career offers another example. She joined FDA’s Center for Tobacco Products in 2011 and was involved in issuing warning letters to manufacturers and retailers accused of illegally producing and selling tobacco and e-cigarette products. In 2021, Tierney joined Thompson Hine, a law firm that defends e-cigarette manufacturers, and stated in a press release that she looks forward to helping clients comply with FDA regulations and demystify the agency’s policies and procedures.

 

Conflicts of interest related to FDA extend beyond prohibitions. Some lawyers at FDA’s Center for Tobacco Products have raised internal concerns over former employees representing tobacco and e-cigarette companies. Interviews indicate that some former FDA lawyers maintain contact with ex-colleagues and are privy to internal issues and litigation strategies, which can support the tobacco and e-cigarette industries.

 

Eric Lindblom, former director of FDA’s Office of Policy, has proposed a ban on former employees working for the tobacco and e-cigarette industries for at least one to two years post-departure to ensure greater independence. While his proposal has not been implemented, it has garnered significant attention.

 

Unrestricted conflicts of interest at FDA could have a profound impact on public health. Daniel Aaron, a former FDA legal advisor, noted that lawyers leaving FDA to serve the tobacco and e-cigarette industries could significantly influence the products that end up on store shelves and public health outcomes.

 

When FDA began regulating tobacco in 2009, it relied mainly on lawyers from other divisions or recent law school graduates, who often had little experience with tobacco issues. Public health advocates helped in training these lawyers on critical tobacco topics, yet many felt overwhelmed.

 

Public health experts have previously criticized FDA for its “inaction” and “caution” regarding tobacco. The agency took over a decade to advance a rule targeting menthol cigarettes, a measure that could save thousands of lives in the U.S. 

 

While FDA proposed a ban on these products in October 2023, it was delayed due to lobbying from tobacco companies. Public health organizations have filed lawsuits to challenge this delay, stepping up efforts to prove that FDA has never properly advanced the menthol ban.

We welcome news tips, article submissions, interview requests, or comments on this piece.

Please contact us at info@2firsts.com, or reach out to Alan Zhao, CEO of 2Firsts, on LinkedIn


Notice

1.  This article is intended solely for professional research purposes related to industry, technology, and policy. Any references to brands or products are made purely for objective description and do not constitute any form of endorsement, recommendation, or promotion by 2Firsts.

2.  The use of nicotine-containing products — including, but not limited to, cigarettes, e-cigarettes, nicotine pouchand heated tobacco products — carries significant health risks. Users are responsible for complying with all applicable laws and regulations in their respective jurisdictions.

3.  This article is not intended to serve as the basis for any investment decisions or financial advice. 2Firsts assumes no direct or indirect liability for any inaccuracies or errors in the content.

4.  Access to this article is strictly prohibited for individuals below the legal age in their jurisdiction.

 

Copyright

 

This article is either an original work created by 2Firsts or a reproduction from third-party sources with proper attribution. All copyrights and usage rights belong to 2Firsts or the original content provider. Unauthorized reproduction, distribution, or any other form of unauthorized use by any individual or organization is strictly prohibited. Violators will be held legally accountable.

For copyright-related inquiries, please contact: info@2firsts.com

 

AI Assistance Disclaimer

 

This article may have been enhanced using AI tools to improve translation and editorial efficiency. However, due to technical limitations, inaccuracies may occur. Readers are encouraged to refer to the cited sources for the most accurate information.

We welcome any corrections or feedback. Please contact us at: info@2firsts.com

U.S. Military Could Test Nicotine Pouches and Vapes for Smoking Cessation as Washington Examiner Cites ZYN and Potential $4 Billion Reduction in Related Defense Costs
U.S. Military Could Test Nicotine Pouches and Vapes for Smoking Cessation as Washington Examiner Cites ZYN and Potential $4 Billion Reduction in Related Defense Costs
The House-passed FY2027 National Defense Authorization Act includes a provision authorizing the defense secretary to conduct a one-year smoking-cessation pilot for active-duty service members. Section 707 lists counseling, nicotine gum and patches alongside what the bill calls "electric nicotine delivery systems," nicotine pouches and heat-not-burn products. A recent Washington Examiner op-ed cited ZYN as an example in arguing for the provision, but the legislation does not name any commercial brand or supplier. ZYN is made by PMI-owned Swedish Match USA, with specified products holding FDA marketing authorizations and modified risk orders.
Sep.20
China Tobacco Yunnan files patent for cellulose-free nicotine pouch scaffold to replace microcrystalline cellulose
China Tobacco Yunnan files patent for cellulose-free nicotine pouch scaffold to replace microcrystalline cellulose
China Tobacco Yunnan Industrial Co., Ltd. has filed a patent application for a cellulose-free scaffold material for nicotine pouches, proposing a combination of bioceramic material, polydextrose and sugar alcohols to replace conventional microcrystalline cellulose and cellulose derivatives. The filing aims to address issues including powdery mouthfeel, residue and limited release control, while also reducing reliance on existing cellulose-based patent portfolios. In patent examples, one fast-release formulation reached a nicotine release rate of 50% at 10 minutes and more than 90% at 20 minutes.
Sep.02
NAS 2026 | Cliff Douglas: Risk Continuum Should Play a Central Role in Tobacco Policy
NAS 2026 | Cliff Douglas: Risk Continuum Should Play a Central Role in Tobacco Policy
Cliff Douglas, a veteran U.S. tobacco-control and public health policy figure, told NAS 2026 that the “continuum of risk” should play a central role in tobacco policy. He called for clearer market pathways, stronger risk communication, differentiated regulation and enforcement, and said possible FDA reforms to PMTA reviews could be a “welcome correction” if they create a more efficient, predictable route for scientifically substantiated lower-risk products. Read 2Firsts’ on-site coverage.
Sep.26
Kumulus Vape2026 H1 Revenue Falls 8.3% but Profit Rises 24% as B2B Weakens and Consumer Channels Grow
Kumulus Vape2026 H1 Revenue Falls 8.3% but Profit Rises 24% as B2B Weakens and Consumer Channels Grow
French vaping company Kumulus Vape reported first-half 2026 revenue of €25.5 million, down 8.3% year over year, as its core B2B distribution business fell 11% to €21.6 million. B2C and store-network revenue rose 5.6% and 17.8%, respectively. Commercial margin increased to 26.3% from 21.7%, while net profit rose 24.1% to €0.8 million. The company attributed the profitability improvement to catalog optimization, logistics restructuring and the ramp-up of Labster, its in-house production unit for proprietary brands.
Market
Sep.17 by 2Firsts Perspectives
South Korea Extends Vape Rules to Unmanned Stores After Bringing Synthetic Nicotine Under Tobacco Law
South Korea Extends Vape Rules to Unmanned Stores After Bringing Synthetic Nicotine Under Tobacco Law
South Korea's Ministry of Gender Equality and Family said on September 14 that it plans to designate unmanned e-cigarette stores as businesses where minors are prohibited from entering or working. Operators would be required to verify customers' ages and display notices restricting access by minors. The proposal is open for public comment through October 6. The move follows an April expansion of South Korea's statutory tobacco definition that brought products made with natural or synthetic nicotine under the Tobacco Business Act. Nicotine-free liquids and products using nicotine analogues such as 6-methylnicotine, however, remain an emerging regulatory issue.
Sep.21
Product | JTI Introduces Fully Dissolvable PERLZ Nicotine Pearls in UK, Expands Range From 30-Pearl Dispensers to 10-Pearl Sachets
Product | JTI Introduces Fully Dissolvable PERLZ Nicotine Pearls in UK, Expands Range From 30-Pearl Dispensers to 10-Pearl Sachets
Japan Tobacco International (JTI) has introduced PERLZ nicotine pearls in the UK, expanding its oral nicotine portfolio beyond conventional nicotine pouches. The fully dissolvable, multi-layer pearls are placed under the tongue and come in Mint and Berry flavors at concentrations of 1mg/g and 2mg/g, equivalent to approximately 0.3mg and 0.5mg of nicotine per pearl. UK retailer Haypp published four 30-pearl dispenser listings on July 31, 2026, followed by three 10-pearl sachet products on August 17. The dispensers retail for £6.50, while the sachets cost £2.50.
product
Oct.12