Nineteen months past the deadline federal law required them to respond, FDA told pet food consumers they are denying our Freedom of Information Act request (Chinese jerky treat) because “disclosure could reasonably be expected to interfere with enforcement proceedings.”
In a letter dated August 5, 2015, FDA told Association for Truth in Pet Food “We are denying your entire request. Exemption (b)(7)(A) Records or information compiled for law enforcement purposes when disclosure could reasonably be expected to interfere with enforcement proceedings.”
The FDA response alludes to something more might be coming with the jerky treat investigation; ‘records compiled for law enforcement purposes could interfere with enforcement proceedings’. Sounds hopeful doesn’t it? Is this actually hope for thousands of Chinese jerky treat victims or is it something else?
Background: Almost 2 years ago – November 4, 2013 – our consumer association asked FDA for the test results performed by New York Department of Agriculture which gave foundation to finally getting deadly Chinese jerky treats sold by Purina Waggin Train and Delmonte Milo’s Kitchen off store shelves. We also asked New York for the same data (test results). The reason we asked is information FDA told the public about the Chinese jerky treat testing didn’t seem to add up – something seemed to be missing. New York Department of Agriculture responded to our information request in a timely manner, FDA did not.
Time line in reference to this request for information…
On January 7, 2013 NY Department of Agriculture (Erin Sawyer) alerted numerous individuals at FDA to their testing of “a number of samples of various brands of chicken jerky style dog treats” finding a “presence of antibiotics” (FDA – Ronald Pace, Matthew Palo, Robert Veitch.) Click Here to read various emails from New York Department of Agriculture to FDA and vice versa received via Freedom of Information request.
January 9, 2013 Nestle-Purina Waggin’ Train Jerky Treats and Del Monte Milo’s Kitchen Jerky treats recalled and/or voluntarily withdrew products from store shelves.
January 9, 2013 (same date as jerky treat recalls) FDA press release told consumers “Based on the FDA’s review of the NYSDAM (New York Department of Agriculture) results, there is no evidence that raises health concerns…”
Nine months later…October 22, 2013 FDA releases a lengthy update to jerky treat investigation including a report titled “Jerky Pet Treat Investigation Rationale and Results“.
In the above mentioned jerky treat investigation report, FDA statements of testing performed by NY Department of Agriculture did not appear to cause the recall or jerky treat product withdrawal. The information FDA provided the public didn’t make sense. Puzzled by the inconsistency of information…
On November 4, 2013 – Freedom of Information Act request sent to FDA and NY Department of Agriculture for jerky treat test results and all correspondence between both agencies.
December 2013 – NY Department of Agriculture provides complete Freedom of Information request. Information provided by NY shows FDA was less than accurate with Chinese jerky treat information provided to the public. Click Here for emails between two agencies, Click Here for Waggin’ Train/Canyon Creek test results, Click Here for Milo’s Kitchen test results, and Click Here for Cadet test results.
January 2014 – TruthaboutPetFood.com published NY Department of Agriculture testing results of jerky treats showing the significant differences between what FDA told the public and the actual test results from NY. Such as…
FDA told the public:
Drug: Sulfaquinoxyline – 27 treats tested positive, highest concentration 0.042 ppm.
Actual results from NY:
Drug: Sulfaquinoxyline – 29 treats tested positive, highest concentration .828 ppm.
FDA told the public:
Drug: Sulfaclozine – 30 treats tested positive, highest concentration was 0.257 ppm.
Actual results from NY:
Drug: Sulfaclozine – 79 treats tested positive, highest concentration was 1.598 ppm.
FDA told the public:
Drug: Tilmicosin – 9 treats tested positive, highest concentration was 0.005 ppm.
Actual results from NY:
Drug: Tilmicosin – 31 treats tested positive, highest concentration was 0.528 ppm.
As you can see, there is a significant difference in what the FDA told the public compared to the actual test results provided by NY Department of Agriculture. So…
February 2014 – we asked FDA why did the agency tell the public one thing, and NY Department of Agriculture reports something very different? The FDA responded that NY Department of Agriculture ran two separate tests – one in cooperation with FDA (part of Center for Veterinary Medicine Vet-LIRN Labs), and one all on their own.
We are not certain this is accurate information. On the FDA October 2013 release of information, specifically the document titled “Jerky Pet Treat Investigation Rationale and Results” – FDA includes two sections of test results (found on page 8). One is titled “New York State Laboratory”, the other is titled “CVM Vet-LIRN Laboratory Testing”. It appears FDA did include both test results from NY (independent testing and testing in cooperation with FDA) – but grossly understated the findings from NY independent testing.
And then…August 2015 – 19 months past the deadline, FDA tells us “We are denying your entire request…disclosure could reasonably be expected to interfere with enforcement proceedings.” Click Here to view page one of FDA rejection letter, Click Here to view page two.
Two follow up phone calls to FDA Freedom of Information office have gone unanswered.
So…what is happening? Is there going to be “enforcement proceedings” on Chinese jerky treats? Or did FDA intentionally mislead the public? If the agency did mislead the public, why? To what benefit – to who’s benefit? Is the agency protecting trade interests of China (making the treats appear to have insignificant levels of antibiotics)? Did the agency protect multi-national corporations that imported the dangerous pet treats from China – the same corporations that have been involved in numerous lawsuits? Or, is FDA just hopelessly confused by the state of the art testing performed by New York?
This is a puzzle – more than 8 years in the making – at the cost of thousands of pets lives. Pet food/treat consumers deserve a lot better from FDA. We deserve to know the truth from FDA – we deserve to know the truth about Chinese imported jerky treats.
Wishing you and your pet(s) the best,
Susan Thixton
Pet Food Safety Advocate
Author Buyer Beware, Co-Author Dinner PAWsible
TruthaboutPetFood.com
Association for Truth in Pet Food
What’s in Your Pet’s Food?
Is your dog or cat eating risk ingredients? Chinese imports? Petsumer Report tells the ‘rest of the story’ on over 3000 cat foods, dog foods, and pet treats. 30 Day Satisfaction Guarantee. www.PetsumerReport.com
The 2015 List
Susan’s List of trusted pet foods. Click Here
Have you read Buyer Beware? Click Here
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Jeff
August 13, 2015 at 1:24 pm
This is no surprise. The FDA is in bed with the major companies. They are worthless!!!
Sue
August 13, 2015 at 2:00 pm
This whole thing just makes me sick! Knowing that these big huge companies are KNOWINGLY making pet products with such high levels of eg: Sulfaclozine one test done by FDA and the second by NY which showed much higher levels. I really don’t know how these big businesses can sleep at night, do they really thing they are doing nothing wrong???? Heartless bastards. Obviously not animal lovers and only thinking of the all mighty $!
Thank you for doing what you do Susan!! Thank you!
Linda Saslow
August 13, 2015 at 3:40 pm
yeessh thank you for keeping us informed. our life line to the truth
Dianne
August 13, 2015 at 3:41 pm
Is it possible that the Chinese government is threatening to withhold other products if jerky treats are stopped? Considering how many of our important items (food supplements, drugs etc.) can now only be obtained from China and that they already threatened action over jerky treats. I can see many US multi-nationals worrying about their profit margins.
Regina
August 14, 2015 at 1:11 pm
Dianne, you raise an interesting question!!!!!
I know that I never buy anything that goes into my pets’ mouths that is not made in USA, but there are some people that never even look at where something is from. Every so often we hear of a children’s toy from China being recalled, so what would make a pet’s toy any safer????? I have talked casually with some folks about only buying stuff from USA, but they never look at labels. I remember the big “news” when Petco said they would stop selling treats from China, but, ummm, they toys are still coming from China, and the toys ALSO go into my pets’ mouths!!!
You may have hit the nail on the head, Dianne. Soooo much stuff comes from China, they hold too much power over us wee little American citizens, that even our own government can’t protect us!!!
Peter
August 15, 2015 at 11:56 am
Virtually every pet food contains ingredients from China, since the availability of “bulk vitamins” is limited essentially to China. Pet food manufacturers have no convincing explanation for this situation: “That’s all there is to choose from,” they claim. They are the purchasers, and could influence this phenomenon.
Donna
August 13, 2015 at 5:25 pm
When our gov’t. seeks to prohibit country of origin labeling on (human-grade) meats because Canada and Mexico say it puts them at a disadvantage and is unfair, why would we be surprised that FDA would withhold FOIA requests regarding jerky treats from China.
Yes, I think something is being covered up. Someone is being protected – and it is not the US citizens and certain not their pets.
B Dawson
August 14, 2015 at 11:15 am
China holds substantial amounts of US debt now, giving that country undue influence, I think. Or maybe FDA is being very tight lipped to avoid Chinese hackers from going after them to determine what’s in store.
But you raise an important point about labeling. Anyone who wishes to see the extent of what’s going on with labeling laws and GMO should check out “HR1599, Safe and Accurate Food Labeling Act” “, nicknamed ‘The DARK Act’ (Deny Americans the Right to Know Act). This legislation was a bi-partisian introduction by Representatives Mike Pompeo (R-Kan.) and G. K. Butterfield (D-N.C.) and developed by food companies including the Grocery Manufacturers Association, which counts ConAgra among it’s board members.
Whatever happens in the human food chain will be applied to our pet food equally.
Valerie Noyes
August 13, 2015 at 6:56 pm
I don’t expect much out of the FDA anymore, but this is truly disturbing and makes them look very bad, to the point of looking complicit in this continuing disaster. I’d like to think they’re merely incompetent but sadly I think it is much deeper than that. The phrase criminal negligence keeps popping into my head.
Kenneth
August 14, 2015 at 2:02 am
Disgusting, what use are the FDA when they clearly only cater to big business?
I just got done with a batch of snacks for my cats, it’s easy. A couple kilos of pig or ox heart or some other meat if you prefer, slice them into thin strips and stick em’ in the oven at around 60-80C+ until leathery dry, takes a couple hours. Then portion into vacuum bags and freeze.
My guys go nuts for these and their teeth and jaws gets a good workout since they are leathery tough to chew so they can’t just inhale them like store bought treats, and you know what’s in them.
Regina
August 14, 2015 at 1:16 pm
I love your idea Kenneth. I hear so many people say how awesome those “Temptatons” treats are for their cats, they actually say “it’s like crack” — you know, that illegal drug that hooks you very quickly, and it’s hard to break the habit.
And they say “it’s like crack” as if it were a good thing!!!!
Mindboggling.
Pacific Sun
August 14, 2015 at 4:28 am
So much for so-called “freedom” of information, I guess it doesn’t exist. Anyway I wonder if there are so many outstanding CJT lawsuits in the wings that that no information (aka evidence) is being allowed to reach the public which might sway potential jury reactions. There has been such a concerted effort to bring responsibile parties to accountability, I hope that this delay in FOIA is well deserved and worth waiting for. What I don’t understand is why these abominable treats are still being sold at all or why anybody would be buying them!
Garson
August 14, 2015 at 9:55 am
I don’t see what all the fuss is about? Yes, Purina is still sourcing the chicken for Waggin Tails from China but as they explain on their website it’s because the Chinese only like dark meat therefore there’s an abundance of white meat available. I guess in China you can’t even give that white chicken meat away? Even if in the past Purina continued to sell the poisoned product, pet owners have nothing to fear. As you know the treats are:
“BACKED BY PURINA: All Waggin’ Train treats are backed by Purina — the name pet owners have trusted for quality pet care products for more than 85 years. We’ve added the Purina logo to every package as a sign of our confidence in the quality and safety of our treats.”
And when Purina has your back well then…
Regina
August 14, 2015 at 1:31 pm
Oh, yeah, I remember reading on the Purina website that ridiculous line about the Chinese only liking dark meat, so the white meat was so abundantly available to make into jerky treats for our pets.
That big fat lie is so outlandish!!!!! Think about it, historically, the typical Chinese person used every darn part of an animal that can be used!! They were not a wasteful peoples. That’s why in real Chinese cooking, everything would be cut into small pieces before being cooked, so that it cooks much quicker. They didn’t use to eat big hunks of meat like steaks and such. They cut things up so everything would cook quickly, thus using less of whatever energy source they were using for their cooking.
Purina spends waaaaay more money on “PR” or “spin” (lies, actually) than they do on actual nutritious edibles to put into our pets’ mouths.
Sharon
August 14, 2015 at 10:36 am
The claim that it could interfere with “enforcement proceedings” is ridiculous. First, the FDA has to actually “enforce” anything regarding the pet food industry and second, “proceedings” implies they are moving forward and we know that, after 8 years, that just isn’t true.
B Dawson
August 16, 2015 at 12:10 pm
Does anyone know Morgan Spurlock (“Super Size Me” and “Pom Wonderful, The Greatest Movie Ever Sold”) and could put him in touch with Susan?
The sad state of pet food would be a great project for him.
Jane
July 8, 2018 at 4:59 pm
When I was a young patriotic American, I didn’t think that the FDA would lie to us. I have since learned otherwise. They’re not here to protect you and me, they are here to protect those with lots and lots of money. Like saying GMO food is safe to eat! Sure it is, if you like to eat poison.