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Industry NewsAssociations

FDA commissioner Marty Makary resigns

Deputy Commissioner for Human Foods Kyle Diamantas will fill in temporarily.

By Liz Parker Kuhn
Marty Makary FDA
Courtesy of USDA.gov via Wikimedia Commons
May 13, 2026

Marty Makary, M.D., commissioner of the U.S. Food and Drug Administration (FDA), has resigned and will be replaced for the time being by its deputy commissioner for human foods, Kyle Diamantas, J.D. 

The news was first reported by Politico, whose anonymous White House source (reportedly a senior administration official) said that the decision to get rid of Dr. Makary was months in the making (even though Dr. Makary himself resigned). Despite Dr. Makary only holding his office at FDA for 13 months, he had tensions with President Trump and HHS Secretary Robert F. Kennedy, Jr.. Although the White House had to sign off on the plan, Kennedy reportedly made the final call on it.

According to The New York Times, Dr. Makary ultimately left the office over concerns about the administration’s decision to authorize fruit-flavored e-cigarettes, which he opposed, according to people familiar with the matter. Dr. Makary "told those close to him that he could not in good conscience approve flavored vapes, given their appeal to young people, and would not do something he did not believe in," the NYT says.

As of Tuesday morning, Dr. Makary still had public appearances scheduled throughout this week, and was quoted in FDA press releases, such as this one. FDA staff told Politico that leadership was working this week as if nothing was amiss in the commissioner’s office.

Dr. Makary, formerly a Johns Hopkins University cancer surgeon and health policy researcher before joining government, attempted to ingratiate himself within Kennedy's Make America Healthy Again (MAHA) movement, even sitting in a freezing plunge pool with wellness influencer Gary Brecka, per the NYT. He also led efforts to authorize natural food dyes. His short tenure was reportedly riddled by instability, says Lisa Jarvis, health and pharma columnist, Bloomberg Opinion, on LinkedIn:

"The FDA under Makary had devolved into dysfunction and chaos. Yet whomever takes on the permanent role of commission has a daunting task. They will inherit an agency hobbled by mass layoffs and an exodus of career staff; will need to restore public confidence and lead with a steady hand; and will encounter intense political pressure—pressure Makary failed to gracefully navigate, ultimately leading to his departure," Jarvis notes.

New leadership

The new acting commissioner, Kyle Diamantas, has personal ties to President Trump, reports PBS. Diamantas had formerly been the FDA's deputy commissioner for food, joining the agency in February 2025 after working as a corporate lawyer. He previously defended a popular formula maker against claims of its product harming premature babies, reports The Guardian.

Diamantas had replaced the former deputy commissioner for food, Jim Jones, after Jones resigned due to the Trump Administration’s “indiscriminate” layoffs affecting FDA and other government agencies, says Food Safety Magazine. 

Diamantas does not have a medical degree, which is typically a credential expected for leaders in the FDA, notes Politico, adding he "was widely rumored to be the pick to lead the agency on a temporary basis in recent weeks when Makary’s future as FDA commissioner was in question."

Future in question

Diamantas will not be taking over the role permanently, says The Guardian.

On Tuesday afternoon, Kennedy posted on X that “the search for a new Commissioner is already underway, and we will move forward with urgency.” He also thanked Diamantas for his leadership, which he says has “already delivered remarkable wins on the MAHA food agenda," and reposted a statement from President Trump, who thanked Dr. Makary, "a hard worker, who was respected by all, and will go on to have an outstanding career in Medicine."

Nathan Cortez, a Southern Methodist University law professor who studies the FDA, says that finding a permanent replacement could be challenging, he told the NYT. 

“The new commissioner will have to walk a tight rope between what the administration wants—Trump and R.F.K. Jr.—and what federal law commands of FDA,” he said in an email, adding: “Historically, the expectation is someone with an M.D. or PhD and real scientific chops. It’s a lot of pressure.”

On his LinkedIn page, Cortez adds:

"I spoke to Christina Jewett of the NYT about Marty Makary resigning as FDA commissioner. It's not an easy gig these days (of course it never was). But, whoever replaces him, when there are very real conflicts between catering to the administration's whims and adhering to the statute and following the science, I hope the latter two win out."


Related: FDA delays approvals for 'natural' food dyes

KEYWORDS: FDA Leadership Leadership changes personnel

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Liz200

Liz Parker Kuhn is the senior editor of Candy Industry and Snack Food & Wholesale Bakery, and has worked at BNP Media since 2012. She has written for CBS Detroit as well as for her own blogs. She earned a Bachelor of Arts in Creative Writing from the University of Michigan. Liz can be contacted at (248) 839-7156 or at parkerkuhne@bnpmedia.com.

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