DoJ Lawyer Tapped as FDA Chief Counsel

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Justice Department attorney Hilary Perkins has been selected to serve as FDA chief counsel. For the past six-plus years, Perkins worked in Justice’s Consumer Protection Branch, most recently as assistant director. Prior to joining the government, she was an associate at Jones Day for six years. Perkins has a law degree from the University of Georgia School of Law.

The previous chief counsel, Robert Foster, who was appointed last month, has now moved to HHS as part of a 3/11 reorganization that created a senior position he is filling — chief counsel for food, research and drugs with authority over the FDA chief counsel, including the Food and Drug Division of HHS’ Office of General Counsel (OGC), and NIH’s branch of OGC.

Interestingly, Perkins most recently defended FDA and the Biden Administration’s policy on the availability of abortion pills in a high-profile case, and she reportedly was chosen as top FDA lawyer by commissioner-designate Marty Makary. The decision to appoint her has been deeply controversial within the administration, according to an Axios report, which added that HHS officials didn’t like the choice but were overridden by the White House.

The Senate HELP committee is due to vote on advancing Makary’ s nomination on Thursday.

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