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

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.