Parts of the Makary FDA postmortem discourse lately have felt a bit like the old Wendy’s commercial:
“WHERE’S THE BEEF?”
The rhetoric is enormous:
chaos, turmoil, habit of overriding scientists, anti-rare disease, goalposts shifting, worst commissioner of all time.
The actual examples? Less enormous. I kept coming back to the same relatively small cluster:
• Moderna mRNA flu vaccine refusal-to-file (unconventional, but ultimately resolved via a split pathway)
• Covid framework/labeling changes
• a handful of rare disease decisions (often without much direct defense of why any specific decision was necessarily wrong on the merits, while largely taking companies at their word regarding prior expectations/guidance – even while making concessions that significant new rare disease guidances/frameworks were advancing)
• staff cuts (largely not Makary’s doing)
• turnover and internal tensions (not entirely surprising during a reform-oriented transition period)
The beefier claims:
• advisory committees:
critics clearly argued that reducing adcomm use weakened transparency, public scientific debate, and procedural legitimacy.
• CNPV:
if you create ultra-fast reviews tied to commissioner discretion and “national priorities,” people are obviously going to worry about politics, favoritism, operational strain, and predictability.
(The flip side: supporters viewed many of these reforms as attempts to address longstanding complaints that FDA had become too slow, too passive, and too unwilling to challenge institutional inertia, while also advancing legitimate national priorities.)
• governing style:
some critics clearly believe FDA legitimacy depends on quieter stewardship, procedural continuity, internal consensus-building, and avoiding highly publicized commissioner-driven interventions.
(Others think FDA needed more visible, reform-oriented leadership willing to challenge institutional norms and inertia.)
Worth noting on the process criticism side: several frameworks did eventually move into draft guidance, formal guidance, and MAPPs.
I think a lot of the postmortem discourse blended together several different things:
• concerns about transparency, strain, and politicization tied to advisory committees and CNPV
• broader governance philosophy disagreements
• a handful of highly visible rejections
• a few overrides reiterated repeatedly
• investor frustration
• broader atmospheric claims that sometimes felt overstated relative to the publicly articulated examples
• intense media amplification (to the point where former CDER director Høeg argued that “the chaos came from the media creating stories about things being chaotic”)
So there’s the beef. Fixins' on the side.