Ahead of Confirmation Hearing, Warren Presses FDA, NIH Nominees to Address Conflicts of Interest with Private Health Care, Medical Research Companies

“The rampant revolving door of former government leaders lobbying the agencies they once led, while their government relationships remain fresh, erodes Americans’ faith in the federal government.”
Text of Letter to Dr. Makary (PDF)|Text of Letter to Dr. Bhattacharya (PDF)
Washington, D.C. –U.S. Senator Elizabeth Warren (D-Mass.) wrote to Marty Makary and Jay Bhattacharya, nominees to lead the Food and Drug Administration (FDA) and the National Institutes of Health (NIH), respectively, asking them to address their conflicts of interest ahead of their confirmation hearings.
Dr. Makary currently serves as Chief Medical Officer at Sesame Care, a direct-to-consumer health care company that connects patients with providers who virtually prescribe Sesame’s medicine. He also serves on the board of Harrow, an ophthalmic company that relies on the FDA to approve its therapeutics. While Dr. Makary said he would resign from the board before taking office, his relationship with the company raises concerns about his ability to be impartial at the FDA.
Dr. Bhattacharya most recently worked as a research associate at Acumen, LLC, which offers analytical research services to the federal government, and has contracts with multiple agencies across the Department of Health and Human Services – including NIH.
Senator Warren asked both nominees to recuse themselves from all matters involving their former clients and employers for at least four years, a commitment their predecessors under the Biden administration made.
Senator Warren also asked them to agree to not work for any companies they regulate or interact with during their tenure, for four years after leaving office. During his confirmation process, Health and Human Services Secretary Robert F. Kennedy Jr., who oversees both of the nominees’ agencies,committed not towork for a pharmaceutical company for at least four years after leaving office.
Lastly, Senator Warren asked the nominees to refrain from lobbying their respective agencies for four years after leaving office.
“The rampant revolving door of former government leaders lobbying the agencies they once led, while their government relationships remain fresh, erodes Americans’ faith in the federal government,”wrote Senator Warren to the nominees.
To mitigate concerns about former government leaders lobbying the agencies they once led, multiple Biden appointees agreed to a post-employment lobbying ban, following pressure from Senator Warren.
“By making these commitments, you would increase Americans’ trust in your ability to serve the public interest, rather than the special interests of [former contractors or companies they regulated],”concluded Senator Warren.
Senator Warren gave the nominees until March 10, 2025 to demonstrate their commitment to public health and address their conflicts of interest.
Senator Warren has been a leader on enforcing government ethics standards and pressing nominees to address conflicts of interest:
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