Kyle Allen Diamantas (born November 25, 1987) is an American attorney who has served as the acting Commissioner of Food and Drugs since 2026. He served as the Deputy Commissioner for Food from 2025 to 2026. He is the first attorney to serve as FDA Commissioner.
Diamantas graduated from the University of Central Florida with a degree in political science in 2010 and from the University of Florida with a Juris Doctor in 2013. In 2023, he became a partner at Jones Day.
In February 2025, Diamantas was appointed as the Deputy Commissioner for Food. In early 2026, he was appointed to concurrently serve as the Senior Counselor to the Secretary within the Department of Health and Human Services, tasked with overseeing the day-to-day operations of the FDA. He became the acting Commissioner of Food and Drugs after Marty Makary's resignation in May 2026.
Early life and education (1987–2013) Kyle Allen Diamantas was born on November 25, 1987, in Rockledge, Florida. Diamantas attended Merritt Island High School, where he played baseball. He graduated from the University of Central Florida with a degree in pre-law political science in 2010 and from the University of Florida with a Juris Doctor in 2013.
Career Legal Work (2013–2024) As early as 2013, Diamantas worked at Baker Donelson. He represented Hemp Bombs in a lawsuit against its cannabidiol products and defended Whole Foods Market in a claim that it sold a cannabidiol product under false pretenses. According to Politico, Diamantas represented Planned Parenthood, though he had moral objections and later requested he be removed from cases involving the organization. In July 2021, he was named as a counsel for Jones Day; in 2024, he became a partner at the firm. In March 2024, Diamantas began representing Abbott Laboratories in a lawsuit that claimed the company did not warn customers of risks relating to its infant formula. Abbott later lost the lawsuit.
Deputy Commissioner for Food (2025–2026) In early 2025 Bloomberg News reported that Diamantas had been appointed as the Deputy Commissioner for Food, serving as the agency's top food executive. He took over the role following the reorganization of the FDA's food program and resignation of his predecessor, Jim Jones. He was publicly listed on the Food and Drug Administration's website on February 24, 2025.
As the Deputy Commissioner for Food, Diamantas oversaw the agency's process for creating the definition of ultra-processed food. He told The New York Times that the Food and Drug Administration would consider the use of synthetic dyes, emulsifiers, and preservatives in creating that definition. Diamantas was additionally responsible for reviewing infant formula, an authority that caused a possible conflict of interest; the agency told the Times that he had agreed to recuse himself from matters involving Abbott Laboratories and British American Tobacco.
Diamantas has been central figure in the Make America Healthy Again movement, focused on the safety of food additives, addressing chronic disease, and updating the Dietary Guidelines for Americans.
In addition to serving as Deputy Commissioner for Food, in February 2026, The Wall Street Journal reported that Diamantas had been appointed by Robert F. Kennedy Jr. to assist Chris Klomp in managing the day to day operations of the Food and Drug Administration on behalf of the Department of Health and Human Services.
After he was appointed as the Acting Commissioner of Food and Drugs in May 2026, Diamantas named Donald Prater to succeed him as acting Deputy Commissioner for Food.
Acting Commissioner of Food and Drugs (2026–present) Following the departure of FDA Commissioner Marty Makary in early May 2026, Diamantas was named Acting Commissioner of Food and Drugs. He is the first attorney to serve as the FDA Commissioner and the second officeholder to have previously led the Foods Program.
According to numerous media sources, President Donald Trump directly offered Diamantas the nomination to permanently lead the agency. Though he declined the permanent nomination, Diamantas continues to lead the agency in an acting capacity.
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