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CSPI is Appealing FDA’s Denial of Group’s Freedom of Information Act Request

By Anthony Marangon on October 2, 2017
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The Food and Drug Administration knows the names and locations of supermarkets and other retailers which sold Maradol papayas that are contaminated with Salmonella and that are the subject of a nationwide recall.

But the agency is suppressing public release of that list of retailers—even after a Freedom of Information Act request filed by the nonprofit Center for Science in the Public Interest.  Today the nonprofit nutrition and food safety watchdog group is appealing the government’s denial of its request.

“The typical consumer isn’t going to recognize the brand of papaya they buy or the farm it was grown on, but they know where they bought it,” said CSPI chief regulatory affairs counsel Sarah Sorscher.

The Salmonella outbreak linked to Maradol papayas imported from Mexico is ongoing.  To date, 200 people from 23 states have become infected with Salmonella.  65 patients have been hospitalized.  One has died.  CSPI filed its request for the list of retailers on August 17.  The FDA admitted this week it has 451 pages of documents that are responsive to CSPI’s request.  But it is withholding them, citing exemptions for “trade secret and confidential information” and others.  Consumers, the FDA said on its website, would have to ask retailers where the papayas came from.

“The typical consumer isn’t going to recognize the brand of papaya they buy or the farm it was grown on, but they know where they bought it,” said CSPI chief regulatory affairs counsel Sarah Sorscher.  “The FDA is supposed to be helping Americans avoid foodborne illness.  It could improve by consistently disclosing retailer names and locations, along with brand names, dates of sale, lot numbers, and other useful information when it communicates with the media or with the public about recalls.”

The FDA’s reluctance to disclose retailers who might have sold contaminated products is not new, but it is also not consistent.  In May, the FDA did disclose the names of retailers that sold tuna, imported from Indonesia, that tested positive for Hepatitis A.  The Consumer Federation of America, Pew Charitable Trusts, CSPI, and other health groups wrote to FDA Commissioner Scott Gottlieb in August, explaining why lists of retailers of recalled food are not exempt from disclosure under FOIA.

RELATED LINKS AND DOWNLOADS: 

Read CSPI’s appeal here

Photo of Anthony Marangon Anthony Marangon

Anthony joined Marler Clark as an associate attorney in August 2015, after graduating from Seattle University School of Law with honors. During law school, Anthony worked as an in-house legal intern at Weyerhaeuser Company, where he focused in environmental and natural resources law.

Anthony joined Marler Clark as an associate attorney in August 2015, after graduating from Seattle University School of Law with honors. During law school, Anthony worked as an in-house legal intern at Weyerhaeuser Company, where he focused in environmental and natural resources law. He also served as a summer clerk at the firm of Fortier & Mikko, P.C. in Anchorage, Alaska, and served as a legal extern at the King County Superior Court to Judge (now Justice) Mary Yu, of the Washington State Supreme Court. Anthony spent the last year of law school working as a Rule 9 Legal Licensed Intern with Marler Clark, where he worked closely with Bill Marler and Denis Stearns on research projects that covered a variety of complex legal issues, such as the recovery of emotional distress damages in cases involving consumption of recalled food, and the differing legal standards applicable to the certification of class actions under federal and state laws.

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  • Posted in:
    Food, Drug & Agriculture
  • Blog:
    Food Poison Journal
  • Organization:
    Marler Clark, Inc., PS
  • Article: View Original Source

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