

The FDA's new acting commissioner is a corporate lawyer whose entire agency experience is in food regulation. After Marty Makary's chaotic ouster, biotech is relieved to get a "no-drama caretaker," but the real question is what comes next.
The person now running the agency that decides which drugs Americans can take is a corporate lawyer who spent his FDA career regulating food.
That's not a punchline. That's the actual situation at the Food and Drug Administration after Kyle Diamantas was named acting commissioner this week, replacing the ousted Marty Makary. And biotech is cautiously exhaling, because even a food lawyer looks like an upgrade after the chaos of the last 14 months.
Makary's tenure as FDA commissioner was, to put it charitably, turbulent. A Johns Hopkins surgeon by training, he was confirmed in March 2025 with a mandate to shake things up. He shook things up so thoroughly that there has been a considerable leadership gap at the agency, with most senior leaders from a year ago no longer in place.
But Makary didn't leave voluntarily because he was tired. Reports indicate he clashed with President Trump over flavored vapes (Trump reportedly wanted them approved; Makary didn't) and drew fire from anti-abortion groups for not moving fast enough to restrict mifepristone. HHS Secretary Robert F. Kennedy Jr. either pushed for or supported his removal, and the White House signed off.
Think of it like a restaurant where the head chef kept fighting with the owner about the menu. Eventually, the owner fires the chef and hands the kitchen to the guy who's been running the salad station.
Diamantas is only the second person from the FDA's food side to be elevated to run the entire agency, and the first lawyer (rather than a physician or scientist) to hold the top job. His background is in regulatory law. Before joining the FDA in early 2025, he was a partner at Jones Day in Miami, where his clients included Abbott Laboratories, one of the country's biggest infant formula makers.
At the FDA, he led the Human Foods Program, which oversees roughly 80% of the U.S. food supply. His wins include pushing companies to remove petroleum-based dyes from foods and investigating infant formula for heavy metal contamination. Solid food-safety work, but not exactly the résumé you'd expect for someone overseeing drug approvals, gene therapies, and vaccine regulation.

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Former FDA officials quoted in coverage describe him as "deliberate," "measured," and "thoughtful." The phrase that keeps coming up is "no-drama caretaker," which tells you everything about how low the bar has been set.
The reaction from the biotech and pharmaceutical world has been something like a collective sigh: not excitement, but relief that the bleeding might stop. Capital Alpha, a policy research firm, called Makary's time at the FDA "the most damaging period in FDA history."
Under Makary, the agency became genuinely unpredictable. PDUFA dates (the statutory deadlines by which the FDA must decide on drug applications) were missed. Senior leaders fled. CDER, the center that actually reviews drugs, burned through five different directors in roughly a year. That's like a football team changing quarterbacks five times in a single season; at some point, the playbook stops meaning anything.
Analysts see Diamantas' appointment as a near-term de-risking event for biotech stocks. The logic is simple: a boring, process-oriented caretaker is less likely to torpedo drug approvals with surprise policy shifts. Investors had been pricing in a "Makary risk premium" on companies with upcoming FDA decisions, and that pressure should ease.
But the relief comes with caveats. Multiple analyst notes warn of a "leadership vacuum" and flag that PDUFA VIII reauthorization negotiations (the framework that sets drug review timelines and user fees) are happening against a backdrop of an understaffed, politically battered agency. Truist specifically cautioned investors to think carefully about "broader ripple effects."
Diamantas can stop the bleeding, but he can't rebuild the team. The FDA's bench is historically thin right now. Richard Pazdur, the legendary oncology chief who shaped cancer drug approvals for over a decade, is gone. Most senior leaders from the Office of the Commissioner are gone. The institutional knowledge that made the FDA function like a well-oiled (if sometimes slow) machine has been hollowed out.
This matters in practical ways. Routine drug approvals with clean data packages will probably keep moving. The career scientists who actually review applications are still largely in place. But anything requiring a judgment call, a borderline dataset, a novel therapy platform, or a politically sensitive indication? Those decisions need confident leadership at the top, and "acting" leaders tend to play it safe.
Some biotech companies aren't waiting around to find out. Reports suggest sponsors are increasingly prioritizing European and UK regulatory pathways for certain programs, hedging against continued U.S. unpredictability. When companies start going to the EMA first instead of the FDA, that's a red flag for American competitiveness in the life sciences.
The biotech industry's real hope isn't pinned on Diamantas. It's pinned on whoever comes next. Nearly 400 biotech CEOs, investors, and advocates have signed a letter to President Trump recommending Richard Pazdur for the permanent commissioner role. That push reflects a hunger for someone who actually understands drug development and has credibility with both industry and the scientific community.
Diamantas, for his part, will likely lean heavily on subject-matter experts within the agency (as former acting commissioner Steve Ostroff has suggested any non-scientist leader should). His job isn't to transform the FDA. It's to keep it standing until someone with a stethoscope, or at least a PhD, takes over.
The question is whether the White House and RFK Jr. will pick a commissioner who prioritizes science, or one who prioritizes loyalty. Given how Makary's story ended, biotech has reason to be nervous. The last chef got fired for refusing to cook what the owner wanted. The next one will have watched that happen.
If you're watching biotech stocks with near-term FDA catalysts, the Diamantas appointment is a modest positive. Less drama means fewer surprise rejections driven by political interference rather than data. But don't mistake a caretaker for a cure.
The structural problems at the FDA (staffing gaps, politicization, conflicting policy signals from HHS and the White House) won't resolve themselves under an interim leader. Until a permanent commissioner is confirmed and proves they can run the agency independently, regulatory risk stays elevated. Plan your positions accordingly.
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