New FDA Food Division Director Faces Scrutiny Over Prior Legal Work

The appointment of Kyle Diamantas as the new director of the FDA's food division has raised eyebrows. Previously a corporate lawyer, Diamantas recently left his position at Jones Day to take on this significant role, which oversees infant formula safety and broader food regulation in the United States. His previous work involved defending a major formula manufacturer against allegations that its products posed risks to premature infants, specifically regarding a serious bowel condition. This background has sparked concerns about potential conflicts of interest and the implications for future policy decisions within the FDA.

Prior to joining the FDA, Diamantas was a partner at the Miami office of Jones Day, a law firm known for supplying talent to various administrations. One of his notable cases included representing Abbott Laboratories in lawsuits concerning specialized formulas for premature babies. Plaintiffs claimed that Abbott failed to adequately warn parents about the heightened risk of a potentially fatal bowel disease associated with their product. Despite Abbott’s loss and a substantial financial penalty, the company is pursuing an appeal. Diamantas’s involvement in these legal battles had not been widely reported until now.

As the new head of the FDA's food division, Diamantas will be responsible for ensuring the safety of approximately 80% of the U.S. food supply. This role extends beyond infant formula to encompass a wide range of food products. Under Health Secretary Robert F. Kennedy Jr.'s leadership, there is a renewed focus on reducing additives in food and addressing perceived corruption within public health agencies. Kennedy has emphasized the need to close what he calls the "revolving door" between private industry and government positions, aiming to restore public trust in regulatory bodies.

Diamantas's transition from defending corporate interests to leading a federal agency tasked with protecting public health presents a complex scenario. As he assumes his new responsibilities, stakeholders will closely watch how he navigates this shift, particularly in light of ongoing debates about the safety and transparency of infant formula and other regulated products. The coming months will reveal how Diamantas balances his past experience with the mandate to safeguard consumer health and implement the ambitious agenda set by the Health Secretary.