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FDA Commissioner Marty Makary Resigns; Kyle Diamantas Named Acting Head

5/13/2026, 11:05:41 PM

Leadership Change at the FDA

On May 12, 2026, FDA Commissioner Dr. Marty Makary announced his resignation after a 13-month tenure. President Donald Trump immediately named Deputy Commissioner for Food Kyle Diamantas, 38, as acting commissioner, noting that Makary “was having some difficulty” but would “go on to have an outstanding career.”

Background and Context

Makary’s term was marked by clashes with the White House, anti-abortion activists, and the pharmaceutical industry. He resisted the administration’s push to approve fruit-flavored e-cigarettes, delayed a safety review of the abortion pill mifepristone, and oversaw the agency during massive staff reductions that cut roughly 4,000 positions—about one-fifth of the FDA workforce.

Key Figures

Marty Makary

A Johns Hopkins surgical oncologist confirmed as commissioner in March 2025, Makary championed faster drug reviews but faced criticism for approving a generic mifepristone and for a memo linking COVID-19 vaccines to child deaths without robust evidence.

Kyle Diamantas

A former corporate lawyer at Jones Day, Diamantas defended Abbott Laboratories in a 2024 infant-formula lawsuit that resulted in a $495 million judgment upheld in May 2026. He has no medical degree, holds a JD from the University of Florida, and is a close friend of Donald Trump Jr., documented in a 2021 hunting-trip photo.

Timeline

  • March 2025: Makary confirmed as FDA commissioner.
  • February 2025: Diamantas joins FDA as deputy commissioner for food.
  • May 6 2026: FDA approves two fruit-flavored vaping products after White House pressure.
  • May 12 2026: Makary resigns; Diamantas becomes acting commissioner.

Data and Statistics

  • Abbott’s infant-formula case: $495 million loss, upheld May 2026.
  • FDA staff cuts: >4,000 positions eliminated, ~20 % of workforce.
  • Leadership turnover: five vaccine chiefs in one year.
  • Makary’s reforms: claimed reduction of drug-review times from one year to 1-2 months (per his resignation text).

Why It Matters

The leadership shift could reshape FDA priorities on food safety, drug approvals, and tobacco-harm-reduction policies. Diamantas’ background in corporate law and his recusal from infant-formula matters raise questions about future oversight of nutrition products, while the agency’s stance on flavored vapes and mifepristone remains under intense political scrutiny.

Official Statements and Responses

President Trump praised Makary as “a great doctor” and thanked him for his work. Health Secretary Robert F. Kennedy Jr. lauded Diamantas for “remarkable wins on the MAHA food agenda.” Yale public-health professor Susan Mayne called Diamantas “an unusual choice, but the logical one given the circumstances.”

Criticism and Opposition

Pro-life groups, including Students for Life and Live Action, objected to Diamantas’ prior representation of a Planned Parenthood affiliate, demanding a commissioner fully committed to restricting mifepristone. Anti-vape advocates warned that the agency’s recent flavored-vape approvals could increase youth nicotine use.

Conflicting Reports and Gaps

Some sources describe Makary’s departure as a voluntary resignation; others cite a Trump-signed plan to fire him after the vape dispute. The precise weight of anti-abortion pressure versus vape-policy conflict remains unclear.

Verbatim Quotes

  • “He’s a great doctor, but he was having some difficulty. But he’s going to go on and he’s going to do well. Everybody wants that job.” — President Donald Trump
  • “If you want to go have a box of Ding Dongs after this, you can do that.” — Kyle Diamantas
  • “The new FDA commissioner must be 100% committed to protecting innocent children in the womb AND their mothers,” — Kristan Hawkins, Students for Life
  • “Kyle is a good man, is pro-life, and he is focused on delivering on President Trump’s promise to MAKE AMERICA HEALTHY AGAIN,” — Alex Bruesewitz, Trump adviser
  • “Mr. Diamantas is not an MD. It’s an unusual choice. But given the circumstances, it’s the logical choice.” — Susan Mayne, Yale School of Public Health

What’s Next

The White House is expected to nominate a permanent commissioner, with Admiral Brett Giroir mentioned as a possible candidate. Senate confirmation hearings will follow, while the Fifth Circuit Court of Appeals prepares to rule on a Louisiana lawsuit over mifepristone distribution, a case that could shape the FDA’s reproductive-health agenda.