It’s almost as if Margaret Hamburg and her FDA have a secret Naughty and Nice List. Those on the Naughty List get slammed by the FDA for violations of the Food Drug and Cosmetic Act. Those on the Nice List get special privileges TO VIOLATE the Food Drug and Cosmetic Act. Pet Food is on the Nice List.
On March 3, 2010 the FDA announced by press release the FDA Commissioner Margaret Hamburg, M.D. has notified 17 food manufacturers they are in violation of the Federal Food, Drug, and Cosmetic Act. Dr. Hamburg’s issue was with improper labeling for 22 (people) food products. http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm202814.htm
In an “Open Letter to Industry from Dr. Hamburg”…quoting…”FDA is notifying a number of manufacturers that their labels are in violation of the law and subject to legal proceedings to remove misbranded products from the marketplace.” Hmmm.
Also from Dr. Hamburg’s letter: “Misleading “healthy” claims continue to appear on foods that do not meet the long- and well-established definition for use of that term.” Hmmm.
My letter to Dr. Margaret Hamburg, Commissioner of FDA
Dr. Hamburg,
How can you and the government agency you head (FDA) tell 17 companies (22 products) their labels are not in compliance with the Food, Drug, and Cosmetic Act when at the very same time your agency tells numerous other companies – the entire pet food industry – that the FDA will not enforce the Food, Drug, and Cosmetic Act? With all due respect, aren’t you talking from both sides of your mouth?
Evidence: CPG Sec. 690.300 FDA Compliance Policy
From: http://www.fda.gov/ICECI/ComplianceManuals/CompliancePolicyGuidanceManual/ucm074710.htm
“Policy: Pet food consisting of material from diseased animals or animals which have died otherwise than by slaughter, which is in violation of 402(a)(5) will not ordinarily be actionable, if it is not otherwise in violation of the law. It will be considered fit for animal consumption.”
Just to clarify, 402(a)(5) is one section of the Food, Drug and Cosmetic Act that states “A food shall be deemed to be adulterated-(a) Poisonous, insanitary, or deleterious ingredients. (5) if it is, in whole or in part, the product of a diseased animal or of an animal which has died otherwise than by slaughter;” http://www.fda.gov/RegulatoryInformation/Legislation/FederalFoodDrugandCosmeticActFDCAct/FDCActChapterIVFood/ucm107527.htm
Again, Dr. Hamburg, how can your agency on one hand tell some companies they are in violation of Federal Law – labeling laws…and on the other hand your compliance policy CPG Sec. 690.300 tells other industries violation of Federal law “will not ordinarily be actionable”?
Pet foods that contain diseased animals and animals that have died other than by slaughter are one isle over from human foods in every grocery store in the U.S. Pet foods that contain diseased animals and animals that have died other than by slaughter are in warehouses right next to human foods in every U.S. warehouse. These very same pet foods are handled by adults and children and horribly even consumed by some. Furthermore, these very same pet foods are ‘labeled’ as Healthy!
With all due respect Dr. Hamburg, when is your FDA going to enforce Federal Law with all food companies? Why is pet food allowed to violate Federal Law? Why are our pets of no concern to FDA?
Dr. Hamburg, if you truly wish to rebuild the FDA into a proper food safety agency, it must begin with the foundation. By simply attempting to fix the cracks in the walls and ignoring the foundation, your house will eventually tumble. And then where will all U.S. citizens be?
Yes, I sent this letter to Dr. Margaret Hamburg, MD.
Should you wish to send the FDA an email, you can go to: http://directory.psc.gov/employee.htm for an employee directory.
Wishing you and your pet(s) the best,
Susan Thixton
Pet Food Safety Advocate
Author, Buyer Beware
Co-Author Dinner PAWsible
TruthaboutPetFood.com
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