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

BAT New Categories Revenue Rises 18% in H1 2026 as Broad Portfolio Offers More Ways to Win—and Lose
BAT New Categories Revenue Rises 18% in H1 2026 as Broad Portfolio Offers More Ways to Win—and Lose
British American Tobacco’s New Category revenue rose 18% at constant rates in the first half of 2026. Nicotine-pouch brand Velo expanded rapidly, while Vuse recovered as U.S. enforcement against illicit e-vapor products strengthened. Heated-tobacco platform glo remained under pressure, and cigarettes continued to provide most of the group’s profit and cash. Compared with PMI and JT, BAT has more routes to growth—but also greater regulatory, investment and execution risks across its broader portfolio.
BAT
Jul.30
China’s Jiangsu Tobacco Monopoly Bureau and Drug Regulator Target Illegal Vape Sales Disguised as Medical Devices, Define Six Violations
China’s Jiangsu Tobacco Monopoly Bureau and Drug Regulator Target Illegal Vape Sales Disguised as Medical Devices, Define Six Violations
China’s Jiangsu Tobacco Monopoly Bureau and Jiangsu Provincial Medical Products Administration have issued a joint notice targeting illegal production and sales of vape products disguised as medical devices. The notice identifies six categories of violations, including obtaining medical licenses through false materials, misusing medical device credentials, expanding production beyond approved scopes, and using medical device-related online platforms to promote or sell vape products. The action is based on China’s tobacco and medical device regulations and aims to strengthen vape oversight and consumer protection.
Aug.04
Earnings Analysis | CTIHK H1 2026 Revenue Falls 26.9% as Core Businesses Diverge and New Growth Drivers Remain to Be Proven
Earnings Analysis | CTIHK H1 2026 Revenue Falls 26.9% as Core Businesses Diverge and New Growth Drivers Remain to Be Proven
China Tobacco International (HK) reported a 26.9% revenue decline in H1 2026, while gross profit fell only 9.5%, revealing sharp divergence across its businesses. Tobacco leaf imports contracted, while leaf exports and Brazil operations expanded strongly. Cigarette exports faced China duty-free market transition, and new tobacco products remained small. Meanwhile, CTIHK continues to strengthen its role as an investment and financing platform, though major external deals have yet to emerge. 2Firsts examines what these shifts mean for its next growth drivers.
Capital Markets
Aug.24
South Korea Vape Strategies Diverge as BAT Reconsiders Exit and PMI Takes VEEV to About 14,000 Stores
South Korea Vape Strategies Diverge as BAT Reconsiders Exit and PMI Takes VEEV to About 14,000 Stores
BAT Rothmans says it previously considered exiting South Korea's vaping market because of competitive pressure from unregulated products, but is now reassessing conditions following changes to the country's nicotine regulatory framework. Vuse and other BAT vaping products remain available through existing distribution channels. The statement followed a South Korean media report that interpreted BAT's broader withdrawal from selected Vapour markets as a full exit from South Korea. Meanwhile, Philip Morris International launched VEEV inPRIME in the country in June and began expanding distribution to around 14,000 convenience stores and other retail channels in July. The contrasting moves highlight differing investment strategies as South Korea's regulated vaping market evolves.
Aug.14
Australia Brings in Deloitte to Support Illicit Tobacco and Vape Enforcement Across Data, Processes and Project Delivery
Australia Brings in Deloitte to Support Illicit Tobacco and Vape Enforcement Across Data, Processes and Project Delivery
Australia’s Department of Home Affairs has hired Deloitte to provide data analytics, business-process, communications and project-delivery support to the Office of the Illicit Tobacco and E-Cigarette Commissioner. The government says Deloitte personnel do not provide policy advice to the Commissioner or the Australian government, with policy development and decision-making remaining with public officials. The arrangement has nevertheless drawn scrutiny because Deloitte has previously provided professional services to several tobacco and vaping companies.
Sep.03
UK HMRC Unveils Red and Yellow Transitional Vape Duty Stamps Ahead of October Tax Launch
UK HMRC Unveils Red and Yellow Transitional Vape Duty Stamps Ahead of October Tax Launch
HM Revenue & Customs (HMRC) has released sample images of the UK’s transitional vaping duty stamps, showing red and yellow versions ahead of the new Vaping Products Duty and Vaping Duty Stamps Scheme starting on October 1, 2026. Transitional stamps contain physical security features but no digital scanning function. Approved businesses may purchase them through November 30 and affix them through December 31. HMRC has not stated that the red and yellow samples represent different product categories or tax statuses.
Regulations
Sep.02