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

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
Reynolds Showcases Vuse Pro Flavors and VELO Nicotine Pouches at NACS Show 2026
Reynolds Showcases Vuse Pro Flavors and VELO Nicotine Pouches at NACS Show 2026
Reynolds American, a BAT subsidiary, showcased four Vuse Pro flavored e-cigarette pods and its VELO nicotine pouch portfolio at NACS Show 2026. Booth staff confirmed to 2Firsts that the Vuse Pro flavors are sold in the U.S., although they have not received FDA marketing authorization. BAT outlined plans to expand Vuse retail distribution and reported that VELO held a 30.5% year-to-date volume share of the U.S. modern oral nicotine category through August 2026. The booth also featured the newly launched VELO MAX range and merchandising displays combining cigarettes, vaping products and oral nicotine brands.
EXPO
Oct.09
 PMI Opens Generative AI Center in Portugal to Support Global Operations
PMI Opens Generative AI Center in Portugal to Support Global Operations
According to information released by Portugal’s Trade & Investment Agency (AICEP) in July 2026, Philip Morris International (PMI) has established a global Generative Artificial Intelligence Factory (GenAI Factory) at its Portuguese subsidiary Tabaqueira. The center will support PMI’s global operations by developing and deploying AI solutions focused on industrial process optimization, data analytics, operational automation and AI application development. The initiative strengthens Portugal’s role in PMI’s global technology and innovation network.
Aug.27
From Nicotine Salts to Cocrystals: China’s Shenzhen Huabao institute explores a more stable form for sustained nicotine release
From Nicotine Salts to Cocrystals: China’s Shenzhen Huabao institute explores a more stable form for sustained nicotine release
China-based Shenzhen Huabao Collaborative Innovation Technology Research Institute Co., Ltd. has filed a patent application for a nicotine-ascorbic acid cocrystal, exploring a new solid-state form of nicotine. The patent proposes applications across e-liquids, heated tobacco sticks, oral tobacco, chewing tobacco and snuff. In nicotine pouch tests disclosed in the filing, cocrystal formulations showed less than a 6% decline in nicotine content after three months of accelerated storage and a release profile combining early-stage release with sustained delivery over 60 minutes. The filing reflects exploration of nicotine forms beyond conventional nicotine base and nicotine salts.
Aug.13
Major U.S.  Vape Distributor Demand Vape Pays at Least $300,000 for White House Lobbying Amid Enforcement Pressure
Major U.S. Vape Distributor Demand Vape Pays at Least $300,000 for White House Lobbying Amid Enforcement Pressure
New York vape distributor Ecto World, which operates as Demand Vape, hired political consultant Roger Stone to lobby the Executive Office of the President on regulation of vaping and related products while facing state enforcement and multiple lawsuits. Public lobbying disclosures show that Ecto World paid at least $300,000 for the work through June 30, 2026. Separately, New York State announced in March that more than 28,500 pounds of vaping products tied to the company had been seized, while New York City and the state have pursued legal or enforcement actions. Public records do not show that the lobbying directly changed any specific regulatory or enforcement outcome.
Sep.08
EU Tobacco Tax Reform Targets November Push as Sweden Holds Nicotine-Pouch Minimum at €20 per Kilogram
EU Tobacco Tax Reform Targets November Push as Sweden Holds Nicotine-Pouch Minimum at €20 per Kilogram
The Irish presidency of the Council of the European Union is using bilateral talks to push the bloc’s Tobacco Taxation Directive toward a political agreement in November. According to Law360, citing an EU official, Sweden is unwilling to accept a minimum excise threshold above €20 per kilogram for nicotine pouches. Council negotiations have already lowered the European Commission’s original proposal, but a May 2026 presidency compromise still set the minimum at 10% of the tax-inclusive retail price or €30 per kilogram in 2028-29, with higher levels later.
Market
Sep.17 by 2Firsts Perspectives