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

Canada Health Minister Says She Is Not Considering Looser Nicotine Pouch Retail Rules as PMI-Linked Group Pushes for Wider Access
Canada Health Minister Says She Is Not Considering Looser Nicotine Pouch Retail Rules as PMI-Linked Group Pushes for Wider Access
Canadian Health Minister Marjorie Michel says she is not considering loosening retail restrictions on nicotine pouches. Canada regulates pouches containing 4 mg or less of nicotine per unit as non-prescription nicotine replacement therapy and requires newer NRT formats such as pouches to be sold from behind pharmacy counters. Meanwhile, Unsmoke Canada, linked to Philip Morris International's Canadian business, is pushing to allow pouches in convenience stores and other general retail outlets. Health Canada also acknowledges continued unauthorized sales, while recent research shows rising pouch use among Canadian youth aged 16 to 19.
Sep.24
From Vuse, Velo and glo to AI Consulting: Former BAT Content Lead Launches Destreza
From Vuse, Velo and glo to AI Consulting: Former BAT Content Lead Launches Destreza
Former BAT global content lead Andy Parton has left the company and launched Destreza, a London-based AI-native marketing consultancy. Parton previously worked across BAT's New Category brands Vuse, Velo and glo and had also served as Global Brand Lead for Vuse Go. Destreza says it will advise consumer businesses on AI in brand strategy, operating models, capability and agency configuration, using specialist AI agents to support research, strategy and creative development. BAT reported £3.621 billion in New Category revenue in 2025.
Sep.22
Global Nicotine-Pouch E-Commerce Group Haypp Shuts Sweden’s Snusnetto Over Age Verification as Identity Checks Become Industry Infrastructure for New Nicotine Products
Global Nicotine-Pouch E-Commerce Group Haypp Shuts Sweden’s Snusnetto Over Age Verification as Identity Checks Become Industry Infrastructure for New Nicotine Products
Sweden's Supreme Administrative Court has declined to hear an appeal over age verification for tobacco and nicotine products collected from parcel lockers, leaving in place a lower-court ruling that geo-located BankID verification is insufficient to securely verify the actual recipient. Haypp Group has stopped tobacco and nicotine sales through Snusnetto and is deploying a new system across its other Swedish e-commerce sites to verify the age of the person who actually opens the locker and receives the shipment. The change comes as age verification across next-generation nicotine products expands from purchase checks into retail, delivery and, for some e-cigarettes, device access itself.
Regulations
Oct.20
South Korea Constitutional Court Upholds Volume-Based E-Liquid Tax, With Challenged Rates at KRW 370 and KRW 628 per Milliliter
South Korea Constitutional Court Upholds Volume-Based E-Liquid Tax, With Challenged Rates at KRW 370 and KRW 628 per Milliliter
South Korea's Constitutional Court has upheld fixed taxes on nicotine-containing e-cigarette liquids based on solution volume, ruling that challenged provisions imposing KRW 370 per milliliter in individual consumption tax and KRW 628 per milliliter in tobacco consumption tax do not violate the Constitution. The cases stemmed from historical disputes involving importers that reported nicotine as being extracted from tobacco stems rather than leaves. South Korea has since broadened its tobacco definition to include synthetic nicotine, while current tax laws provide reduced rates for certain products not derived from tobacco.
Sep.18
Product | JT Launches Three Autumn-Limited Ploom Tobacco Sticks in Japan Across EVO, MEVIUS and CAMEL Brands
Product | JT Launches Three Autumn-Limited Ploom Tobacco Sticks in Japan Across EVO, MEVIUS and CAMEL Brands
Japan Tobacco Inc. (JT) launched three limited-edition autumn tobacco sticks for its Ploom heated tobacco devices in Japan on October 16, 2026, under the EVO, MEVIUS and CAMEL brands. All three are regular tobacco variants with seasonal packaging. Each pack contains 20 sticks, priced at ¥620, ¥590 and ¥570, respectively, including tax. The products are compatible with all Ploom devices and are sold in limited quantities exclusively through the CLUB JT online store while supplies last.
product
Oct.20
From Product Innovation to Integrated Solutions: NEXTECH Expands Its Global Heated Tobacco Solutions
From Product Innovation to Integrated Solutions: NEXTECH Expands Its Global Heated Tobacco Solutions
NEXTECH launched its NEXE Pro circumferential-heating tobacco stick globally at InterTabac 2026, as the company expands from product innovation into broader heated tobacco solutions. Amid intensifying competition across global HTP markets, NEXTECH is strengthening its R&D, manufacturing and pre-launch support capabilities to serve different types of business customers.
Industry Insight
Sep.15