President-elect Trump Makes More HHS Personnel Moves: Dr. Marty Makary Tapped to Lead FDA

November 25, 2024

Reading Time : 4 min

In recent days, President-elect Trump has made progress in announcing the names of various individuals he intends to nominate to serve in some of the most senior and influential leadership positions at the Department of Health and Human Services (HHS) and which also require Senate confirmation. The first of these announcements was that President-elect Trump intends to nominate RFK Jr. to serve as HHS Secretary. The HHS Secretary is responsible for overseeing all 13 of the Department’s Operating Divisions, including the FDA, in addition to the Department’s staff divisions. President-elect Trump also recently announced his intent to nominate physician and former Representative Dave Weldon (R-FL) to serve as the next Director of the Centers for Disease Control and Prevention and Dr. Janette Nesheiwat as the next Surgeon General.

President-elect Trump announcing his intent to nominate Dr. Makary to serve as the next Commissioner of Food and Drugs is the first step in the Senate confirmation process. Once the 119th Congress commences early next year, his nomination would be expected to be taken up by the Senate Health, Education, Labor and Pensions (HELP) Committee, including the HELP Committee holding a hearing on his nomination during which senators on both sides of the aisle who serve on that the Committee would likely delve into Dr. Makary’s previous health policy commentary. He will likely be asked a range of questions about how he would approach the role of Commissioner. Dr. Makary’s previous criticism of the FDA appears to be more nuanced than some of the other HHS nominees named by President-elect Trump thus far. His confirmation is subject to a 50-vote threshold, and with a Republican majority of 53 Senate seats, it is likely to be more of a question as to when, not if, Dr. Makary is confirmed to serve as the next Commissioner of Food and Drugs.

The Commissioner of Food and Drugs is one of the most anticipated political appointee nominations, given the breadth of the FDA’s mission to protect and promote public health. FDA is responsible for ensuring the safety, efficacy and security of human and veterinary drugs, biological products and medical devices. The agency is also charged with ensuring the safety of our nation’s food supply, cosmetics and products that emit radiation. In addition, FDA regulates the manufacturing, marketing and distribution of tobacco products. FDA ensures the security of the food supply and fosters development of medical products to respond to public health threats whether naturally occurring, like an emerging infectious disease, or deliberate.

The agency’s regulatory responsibilities are vast and impacts are not limited to patients and public health but also extend to the economy: FDA-regulated products account for 20 cents of every dollar spent by U.S. consumers. Even though FDA does not have a direct role in medical product pricing, how the agency’s regulatory frameworks are structured and implemented does impact the timing its takes for products to reach the market, whether they are new innovations for unmet public health needs or those like generic drugs, and medical devices cleared under 510(k) as substantially equivalent, which may expand choices for consumers and thereby foster competition.

Marty Makary, M.D., M.P.H., a board certified surgeon, is Chief of Islet Transplant Surgery at The Johns Hopkins University. He has written extensively on health care, including publishing two New York Times bestsellers, scientific peer-reviewed articles and commentary for national publications like the Washington Post, Wall Street Journal and New York Times, in addition to Fox News appearances. While Dr. Makary would be new to FDA, he is not new to Washington, D.C.’s policy scene, having served as an advisor to the health care think tank Paragon Health Institute. Dr. Makary would also bring experience having advised life sciences companies and served in leadership at the World Health Organization.

As Commissioner, Dr. Makary would assume the role of leading an agency comprised of more than 18,000 employees spanning the agency’s medical product centers, human foods program, and tobacco products center and implementing regulatory frameworks that rely upon billions in taxpayer dollars and industry collected user fees to sustain regulatory certainty for the premarket review of products overseen by FDA and related performance goals. As the commissioners who have come before him, Dr. Makary would have the opportunity to chart his priorities for the agency in assuming its helm. However, he is destined to face the Goldilocks dilemma inherent to leading the agency: no matter the time and approach the agency takes, there will likely be those that say the agency moved too fast, too slow, too far or not far enough. Indeed, FDA’s actions are consistently an area of intense focus by patients, consumers, the public health community, clinicians, industry stakeholders and Congress. Yet, the scrutiny Dr. Makary may have to navigate as Commissioner may set a new high watermark as he would be entrusted with carrying out the agency’s public health mission against the backdrop of an incoming administration expected to prioritize government-wide deregulatory action and the first administration to establish its regulatory agenda post the Loper Bright decision, and alongside administration colleagues who have criticized the agency and may have varying expectations as to what they would view as success for it over the next four years.

Share This Insight

Previous Entries

Eye on FDA

May 12, 2025

On May 9, 2025, the U.S. Food and Drug Administration (FDA) granted three color additive petitions, approving two new colorings and expanding one existing approval. These approvals come after the agency’s announcement last month to phase out all petroleum-based synthetic dyes in food by the end of 2026 and transition to natural alternatives (see our post here). Under section 721 of the Federal Food, Drug, and Cosmetic Act (FD&C Act), color additives (unless exempt from batch certification) are subject to FDA approval to determine their safety for use in food. The agency evaluates the safety of color additives based on multiple factors including projected human dietary exposure to the additive, toxicological data, and other relevant information. Once FDA approves a color additive petition, any manufacturer can use the additive in foods for the approved intended uses.

...

Read More

Eye on FDA

May 8, 2025

In the last two weeks, the Department of Health and Human Services (HHS) has filled key artificial intelligence (AI) positions at HHS and the U.S. Food and Drug Administration (FDA). These appointments, as well as recent statements from HHS and FDA leadership, align with the Trump administration’s intention to use AI to improve regulatory efficiency at HHS and beyond.

...

Read More

Eye on FDA

April 23, 2025

This week, the U.S. Food and Drug Administration (FDA), in collaboration with the Department of Health and Human Services (HHS), announced a series of new measures to phase out all petroleum-based synthetic dyes in food by the end of 2026. This initiative is part of the broader “Make America Healthy Again” (MAHA) agenda aimed at bolstering food safety. Citing growing concerns about the potential role of petroleum-based food dyes in childhood diabetes, obesity, depression and attention-deficit/hyperactivity disorder (ADHD), the agency plans to establish a national standard and timeline for the food industry to transition to natural alternatives.

...

Read More

Eye on FDA

April 16, 2025

On April 10, 2025, the Food and Drug Administration (FDA) announced its plan to replace animal testing in the development of monoclonal antibody therapies and other drugs in one of the first announcements by the agency since Commissioner Makary was confirmed to lead it. In its announcement, FDA highlighted that this more modern approach is designed to improve drug safety and accelerate the evaluation process, while also reducing animal experimentation, lowering research and development costs, and lowering drug prices.

...

Read More

Eye on FDA

April 2, 2025

On March 31, 2025, Judge Sean D. Jordan of the U.S. District Court for the Eastern District of Texas issued an opinion and judgment in American Clinical Laboratory Association v. FDA. Judge Jordan’s decision vacates and sets aside the Food & Drug Administration’s (FDA) final rule, Medical Devices; Laboratory Developed Tests (the LDT Rule).1 The LDT Rule would have required laboratories offering LDTs to meet medical device requirements. The preamble to the LDT Rule provided a multi-stage phase out of FDA’s enforcement discretion policy, under which the first set of regulatory requirements would have been actively enforced beginning May 6. While many labs are breathing a sigh of relief after the publication of this order, questions remain as to how the agency will proceed and the broader implications for regulation of lab tests and in vitro diagnostics generally.

...

Read More

Eye on FDA

March 24, 2025

In the past week, the U.S. Food and Drug Administration (FDA), in collaboration with the Department of Health and Human Services (HHS) announced three new initiatives related to food safety and food supply chain transparency. Outlined below, these new initiatives align with HHS Secretary Robert F. Kennedy Jr.’s recent announcements to focus on bolstering food safety, including the recent directive to the FDA to explore the revision of the longstanding Generally Recognized as Safe (GRAS) rule.

...

Read More

Eye on FDA

March 12, 2025

The Food and Drug Administration (FDA) has updated its website to provide new information on data integrity concerns relating to medical devices.

...

Read More

Eye on FDA

March 12, 2025

United States Department of Health and Human Services (HHS) Secretary Kennedy recently directed the U.S. Food and Drug Administration (FDA) to consider rulemaking to revise its longstanding regulations and guidance governing the oversight of food ingredients to eliminate the ability of individuals and companies to self-affirm that their ingredients are Generally Recognized as Safe (GRAS). This would mark a massive shift in how new food ingredients are introduced to the market.

...

Read More

© 2025 Akin Gump Strauss Hauer & Feld LLP. All rights reserved. Attorney advertising. This document is distributed for informational use only; it does not constitute legal advice and should not be used as such. Prior results do not guarantee a similar outcome. Akin is the practicing name of Akin Gump LLP, a New York limited liability partnership authorized and regulated by the Solicitors Regulation Authority under number 267321. A list of the partners is available for inspection at Eighth Floor, Ten Bishops Square, London E1 6EG. For more information about Akin Gump LLP, Akin Gump Strauss Hauer & Feld LLP and other associated entities under which the Akin Gump network operates worldwide, please see our Legal Notices page.