Regulations

Updated: FDA Commissioner Makary Departs Agency

Makary issued his resignation this week. The acting commissioner is now Kyle Diamantas, who had been deputy commissioner for food at the Agency.

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By: Christine Esposito

Editor-in-Chief

Updated: May 13, 2026

Dr. Marty Makary has resigned from his post at FDA. The Acting Commissioner is Kyle Diamantas, who had been FDA’s deputy commissioner for food.

The Personal Care Products Council (PCPC) issued the following statement from Tom Myers, president and CEO, about the change in leadership at the agency:

“Throughout his tenure, Dr. Makary demonstrated a thoughtful commitment to advancing science-based policies that support innovation, modernize regulation, and enhance the safety and efficacy of essential personal care products. We especially appreciate his recognition of the importance of non-animal testing methods and his support for advancing the review of new sunscreen UV filters to help provide Americans with access to innovative sun protection products.“It is important that FDA continue to prioritize implementation of the Modernization of Cosmetics Regulation Act while advancing policies that encourage innovation, promote consumer safety, and safeguard public health.“PCPC looks forward to partnering with Acting Commissioner Kyle Diamantas to advance these priorities for U.S. consumers who rely on our essential products every day.”

Initial Departure News (May 8, 2026)

In a late breaking development on Friday, news oulets from Politico to AP are sharing stories that FDA Commissioner Dr. Marty Makary may be departing the Agency. Politico cited an unnamed White House official in its report posted at 2:07 pm on May 8, 2026. A story posted by the Wall Street Journal at 5:34 pm noted that President Trump had “signed off” on a plan to fire commissioner.

Makary was confirmed by the US Senate in March 2025. Prior to joining the FDA, he worked at Johns Hopkins University School of Medicine, where he was a surgical oncologist and chief of Islet Transplant Surgery.

You can read his opening statement to the Senate Committee on Health, Education, Labor & Pensions
March 6, 2025 here.

In December 2025, Makary issued the following statement regarding the proposal to add add bemotrizinol as a permitted active ingredient for use in sunscreens:

“The agency has historically moved too slowly in this area, leaving Americans with fewer options than consumers abroad. We’re continuing to modernize the regulation of sunscreen and other over-the-counter drug products. Americans deserve timely access to the best safe, effective, and consumer-friendly over-the-counter products available.” 

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