Over The past 15 years, more than 20 FDA attorneys have left the agency and its Center for Tobacco Products to advise and support the cigarette and vape industries, according to a survey by The Examination magazine. The former director of the FDA’s Office of Policy has recommended that to guarantee more independence, former employees be prohibited from working for the cigarette and vape industry for at least one to two years after leaving the agency.
More than 20 former FDA lawyers have switched to the tobacco industry
According to an investigation by The journal The Examination, more than 20 U.S. Food and Drug Administration (FDA) attorneys have left the agency and its Center for Tobacco Products in the past 15 years. It then provides advice and support to the cigarette and vape industries. All of this information comes from an examination of biographies, court documents, published works, company websites, and federal government records.
The FDA’s Office of Chief Counsel has about 160 lawyers, not including other counsel who do not practice litigation. They work for other parts of the agency, including the Center for Tobacco Products. To weaken or unwind relevant laws and regulations in some cases, the cigarette and vape industries are attracting talent with inside knowledge of the FDA.
Experts call for limits to prevent conflicts of interest
In 2023, Pelham Gorgie, a government lawyer, was involved in an FDA crackdown on cigarette and vape brands. Perham Gorji, who left the agency to join a large law firm (DLA Piper), represents the cigarette and vape industries. Philip Morris International, one of the law firm’s new clients, is seeking FDA approval for its latest version of IQOS. Gorgie said in an interview that he didn’t think he was “joining the opposition.” He believes Philip Morris is leading the way in “helping us quit smoking.”
Most recently, Alex Varrone joined the Sidley Austin law firm, whose clients include Juul’s long-time Philip Morris-funded Labs or the Global Smoke-Free Action group. In addition, the first two FDA attorneys represented Wages and White Lion Investments, a manufacturer of vapes, in a case now before the U.S. Supreme Court, appearing in a lawsuit challenging the FDA’s vape application review.
The experience of Jessica Tierney is another example. In 2011, she joined the FDA’s Center for Tobacco Products and was involved in issuing warning letters to manufacturers and retailers accused of illegally manufacturing and selling tobacco and vape brands. In 2021, Tierney joined Thompson Hine, one of the law firms that defend vape manufacturers. She said in a press release that she looks forward to helping clients comply with FDA laws and regulations and demystifying the agency and its policies and processes.
Conflicts of interest related to this are outside the FDA ban. Some lawyers for the FDA’s Center for Tobacco Products said former employees worked on behalf of the tobacco and vape industries after leaving the agency, raising internal anxiety about conflicts of interest. According to interviews about the situation, some former FDA attorneys are still in touch with their former colleagues to learn about internal issues and litigation strategies to support the positions of the cigarette and vape industries.
Eric Lindblom, former director of the FDA’s Office of Policy, recommended that former employees work for the cigarette and vape industry for at least one to two years after leaving the agency, to guarantee more independence. His proposal never came to fruition, but his ideas still garnered attention.
The FDA’s unprohibited conflicts of interest can have a significant impact on public health. Daniel Aaron, a former FDA counsel, noted that lawyers who leave the FDA and then work for the cigarette and vape industries could have a profound impact on the products that end up on store shelves and on public health.
When the F.D.A. began regulating cigarettes in 2009, it relied mostly on lawyers from other departments who had no experience with cigarettes or were young lawyers fresh out of law school. Public health advocates help familiarize employees with key cigarette issues. Even so, lawyers are at a loss.
Previously, public health experts accused the FDA of “inaction” and “caution” on cigarettes. It would take more than a dozen years for the agency to push through a rule for a menthol tobacco elimination program that could save thousands of lives in the United States. In October 2023, the FDA issued a recommendation to ban such products, but that recommendation was shelved after lobbying by tobacco companies. Public health groups sued and stepped up efforts to prove that the FDA never reasonably moved forward with a ban on menthol tobacco.
