
The Administration · Health agencies
Kyle Diamantas
Acting FDA Commissioner Acting
A food-law attorney with no medical or scientific degree, he has run the FDA on an acting basis since May 2026 while the president's nominee, Heidi Overton, waits on a Senate that changes hands in January.
Biography
Kyle Diamantas was born in Rockledge, Florida, on November 25, 1987, and holds a political science degree from the University of Central Florida and a law degree from the University of Florida. 1 2 He practiced at the law firms Baker Donelson and Jones Day, where he became a partner and represented Abbott Laboratories in litigation over infant formula. 1 The Associated Press describes him as an attorney with personal ties to Donald Trump Jr. 4
He joined the Food and Drug Administration in February 2025 as deputy commissioner for food, leading the Human Foods Program that oversees nutrition and food safety. 1 2 The agency said he agreed to step aside from matters involving Abbott and British American Tobacco. 1 In February 2026 he also became a senior counselor at the health department, serving as a link between the agency, the department and the White House. 2
When Marty Makary resigned on May 12, 2026, President Trump announced that Diamantas would serve as acting commissioner. 3 5 The agency's website lists him under that title. 2 According to Wikipedia's summary of news reports, Trump offered him the permanent job and he declined. 1 In August 2026 Trump chose White House domestic policy aide Heidi Overton instead. 8
Overton had a Senate hearing on September 24, 2026, but no committee vote before the midterm elections. 7 9 A regulatory trade publication reported on November 6 that Democrats' election wins leave Republicans a short window to confirm her before January, and a November 13 notice said the health committee had scheduled a vote. 6 Until the Senate acts, Diamantas remains in charge of an agency whose staff was cut by nearly 20 percent in 2025. 9
In the job
The acts and events that have defined the post so far, oldest first.
Named Donald Prater to succeed him as acting deputy commissioner for food. 1
Trump announced he would nominate Heidi Overton, a White House domestic policy official, as permanent commissioner; Senate health chairman Bill Cassidy said he was not convinced she should lead the agency. 8
The Senate health committee held Overton's confirmation hearing; the agency Diamantas leads had lost nearly 20 percent of its staff in the 2025 layoffs. 9
The FDA invited outside experts and consumer representatives to volunteer for its advisory committees, which a trade publication said signaled a change after their role shrank under Makary. 7
The Senate health committee had still not voted on Overton; Democrats' midterm wins left Republicans until January to confirm her. 6
Disputes, and their side
What critics, courts or investigators have said, and the answer given. An allegation is not a finding.
The New York Times reported on his earlier legal work defending a formula maker against claims that its product harmed infants, raising conflict-of-interest questions about his authority over infant formula, according to Wikipedia's summary. 1
Their side: The agency said he had agreed to recuse himself from matters involving Abbott and British American Tobacco. 1
Career
- Attorney at the law firm Baker Donelson
- Counsel, then partner, at Jones Day; represented Abbott Laboratories in infant formula litigation
- FDA Deputy Commissioner for Food, head of the Human Foods Program
- Senior Counselor at the Department of Health and Human Services
- Acting Commissioner of Food and Drugs
Our reporting
We have not yet published a story that names Kyle Diamantas. When we do, it will appear here.
Sources for this file
- Wikipedia, Kyle Diamantas, Nov. 13, 2026
- FDA.gov, Kyle Diamantas, J.D., May 15, 2026
- CBS News, Marty Makary resigns as FDA commissioner after internal tensions, May 12, 2026
- PBS NewsHour (AP), Marty Makary resigns as Trump's FDA chief, May 12, 2026
- The Daily Intake (Keller and Heckman), Kyle Diamantas to serve as Acting FDA Commissioner as Dr. Marty Makary Resigns, May 13, 2026
- RAPS Regulatory Focus, This Week at FDA: Midterms may complicate Overton confirmation, influence user fee reauthorization, and more, Nov. 6, 2026
- RAPS Regulatory Focus, This Week at FDA: No Overton vote until after midterms, FDA signals advisory committee support, and more, Oct. 2, 2026
- Government Executive (States Newsroom), Trump's FDA pick faces questions about leading the agency, Aug. 21, 2026
- STAT, Heidi Overton, Trump's pick for FDA head, faced questions at Senate hearing, Sept. 24, 2026
File checked Nov. 13, 2026. Something wrong or out of date? Tell the desk.