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Kyle Diamantas to Serve as Acting FDA Commissioner as Dr. Marty Makary Resigns

By Keller and Heckman LLP on May 13, 2026
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Reposted from Keller and Heckman’s Blog, The Daily Intake

  • FDA Commissioner Dr. Marty Makary is widely reported to have resigned yesterday, with President Trump thanking Dr. Makary and stating that Kyle Diamantas, the FDA Deputy Commissioner for Food, will serve as the acting FDA Commissioner in a Truth Social post yesterday afternoon. There has, however, not yet been a more official announcement of the change.
  • Dr. Makary’s tenure as FDA’s 27th Commissioner lasted a little over a year (he was confirmed March 25, 2025), but has been fraught with controversy, including the mass layoffs at the Agency last year. Reports surfaced last week that President Trump was not pleased with Dr. Makary’s performance and was considering his removal. However, the circumstances of his departure are not yet entirely clear. An NBC report, citing an anonymous source close to Health and Human Services (HHS) leadership, indicated that Dr. Makary chose to resign because he personally opposed FDA’s authorization of a fruit-flavored vape, a move that was pushed by industry and President Trump after FDA scientists concluded the age-gated devices met the appropriate for the protection of the public health (APPH) standard for new tobacco products. In contrast, a Politico report, citing a White House source, indicated that HHS Secretary Kennedy “made the call,” but that President Trump signed off.
  • A Reuters report last week indicated that former FDA ​Commissioner Stephen Hahn and former Acting Commissioner and ​Assistant Health Secretary Brett Giroir are among the nominees President Trump is considering for the role of FDA Commissioner.
  • Posted in:
    Administrative and Regulatory
  • Blog:
    The Continuum of Risk
  • Organization:
    Keller Heckman
  • Article: View Original Source

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