FDA directly lied to us for 6 weeks, denied pet owners a voice. What is it going to take for pet owners to be provided with access to the legal requirements of pet food? What is it going to take for pet owners to be able to make informed pet food decisions?
In human food, should you wish to research the legal requirements of chicken in your TV dinner – you have public access to a multitude of laws. Anyone can read the legal requirements of every detail of chicken in human food. Human food labeling laws – public. Human food nutritional information – public.
To the contrary, almost every detail about the legal requirements of a cat food or dog food is kept hidden from pet owners. The Association of American Feed Control Officials (AAFCO) owns and copyright protects the nutritional requirements of pet foods – no pet owner can research how much protein or calcium or vitamin D is required. No pet owner can read the legal definition of chicken or beef or pea protein…AAFCO owns and copyright protects that information too.
The injustice of pet owners being denied public access to information about pet foods and treats ONLY happens because of an ‘agreement’ between FDA and AAFCO – officially termed Memorandum of Understanding 225-07-7001. Because a tax dollar supported government agency (FDA) agreed to collaborate with a private corporation (AAFCO), pet owners have NO public access to information that would help them understand the products they feed to their pet.
We (really) tried…but FDA slapped us in the face.
The AAFCO/FDA Memorandum of Understanding was set to expire October 1, 2019. We (AssociationforTruthinPetFood.com/TruthaboutPetFood.com) started communication with FDA regarding the renewal of this concerning agreement in January 2019 – 9 months in advance. On January 28, 2019 we told the FDA “One of our concerns is due to this agreement FDA has with AAFCO, pet owners are denied public access to all regulations governing pet food and significantly all pet food ingredient definitions. Pet owners are forced to pay AAFCO $120.00 per year to even understand what ingredients are included in their pet’s food. Let it be noted here – as an official stakeholder representative of pet food consumers – we are contesting the MOU as it is currently written and wish to collaborate with FDA on any renewal or future MOUs between FDA and AAFCO.”
Knowing the clock is ticking to the renewal of the AAFCO/FDA agreement, FDA waited two months to respond (April 5, 2019) – completely ignoring our concerns of pet owners being denied public access to pet food laws. Click Here to read FDA response.
We continued to request a meeting with FDA – specifically we discussed our concerns about the AAFCO/FDA agreement with Mr. Neil Kaufman, Health and Human Services (division of government FDA is under) mediator. In early June, 2019 – Mr. Kaufman told us in a phone conversation that Tracey Forfa (Deputy Director of FDA Center for Veterinary Medicine) would provide us a “facilitated dialogue” regarding the AAFCO/FDA agreement.
On June 12, 2019, as instructed by Mr. Neil Kaufman, we emailed Tracey Forfa regarding our promised meeting. Click Here to read those emails confirming FDA agreeing to discussing the AAFCO/FDA Memorandum of Understanding agreement with consumer representatives.
FDA continued to delay our promised meeting for 7 more weeks – over 25 separate emails, using every excuse in the book.
And then on August 1, 2019 – FDA’s Tracey Forfa sent us a message telling us “we wanted to let you know that the MOU with AAFCO has been renewed.” FDA renewed the agreement with AAFCO, without giving pet owners a voice in the agreement as they had promised. Click Here to read this email.
But…
We later discovered that FDA had been lying to us for 6 weeks. FDA had renewed the AAFCO Memorandum of Understanding agreement six weeks BEFORE – on June 20, 2019 – without telling us, and all while continuing the ruse that pet owners would be provided a voice in the renewal.
All of the following emails were sent back and forth with FDA regarding our promised meeting – AFTER the FDA had secretly renewed the agreement with AAFCO without telling us/without giving pet owners a voice in the renewal.
(Blue indicates emails from FDA.)
June 25, 2019 from Susan Thixton (ST) to FDA Tracey Forfa (TF) – asking for meeting date
June 27, 2019 from FDA Jessica Zeller (JZ) to ST – “Please find attached letter regarding the proposed meeting between you and FDA…” (Click Here to read.)
June 27, 2019 from ST to FDA JZ – explanation of previous correspondence with Tracey Forfa.
June 28, 2019 from FDA JZ to ST – “Can you please give me a bit more information about your proposed areas of discussion related to the MOU?“
June 28, 2019 from ST to FDA JZ – providing details to all previous correspondence regarding promised facilitated dialogue regarding MOU
July 2, 2019 from FDA JZ to ST – “open to scheduling an in-person session” on July 11
July 2, 2019 from ST to FDA JZ – due to late date, waiting to hear from attorney if time is still available
July 3, 2019 from FDA JZ to ST – provided potential time of meeting as 2:00 PM or after
July 3, 2019 from ST to FDA JZ – informed JZ waiting to hear from attorney
July 3, 2019 from ST to FDA JZ – because of late notice, we cannot meet on July 11. Suggested during AAFCO meeting or dates in August
July 5, 2019 from FDA JZ to ST – agrees to ask CVM regarding meeting during AAFCO
July 9, 2019 from FDA JZ to ST – No, during AAFCO meeting will not work – “will have to get back to you on future possibilities”
July 9, 2019 from ST to FDA JZ – will check with my attorney and let know
July 9, 2019 from ST to FDA JZ – suggest a day within the week of August 19th
July 12, 2019 from ST to FDA JZ – asking for update on meeting
July 16, 2019 from FDA JZ to ST – CVM states our meeting regarding the MOU “overlaps” the Answers Pet Food lawsuit. “CVM staff will be unable to participate in a facilitated discussion regarding issues related to the lawsuit”
[Comment: This excuse to deny our promised meeting by FDA was absurd. The Memorandum of Understanding agreement between FDA and AAFCO has absolutely nothing to do with our concerns of the agreement.]
July 16, 2019 from ST to JZ – we express we are confused by previous email. Our MOU discussion is not related to Answers pet food lawsuit.
July 17, 2019 from ST to JZ – “since FDA appears to be refusing to discuss the MOU with pet owner representatives based on an unaffiliated lawsuit, does this also mean that the current MOU will not be renewed until the unaffiliated lawsuit is settled?”
July 17, 2019 from JZ to ST – “Are you comfortable with me sharing this request with CVM?”
July 17, 2019 from ST to JZ – “Yes“
July 23, 2019 ST to JZ – asking again about meeting regarding MOU
July 23, 2019 JZ to ST – checking with CVM
July 26, 2019 JZ to ST – “do not have a clear answer back on this one but I expect to have more information early next week”
August 1, 2019 ST to JZ – “past promised time of ‘early next week’, when will meeting occur?”
August 1, 2019 JZ to ST – waiting to get “a final decision conveyed from CVM”
Over 25 emails, the FDA knowingly led us to believe pet owners interests would be considered BEFORE the Memorandum of Understanding would be renewed. They directly and intentionally lied to us…in 10 separate emails…all AFTER the Memorandum of Understanding was signed and renewed.
What is it going to take?
What do we have to do for pet owners to have access to vital information about their pet’s food that the US government requires them to have access to? What is it going to take for pet owners to be able to make informed pet food decisions?
In no uncertain terms, the Memorandum of Understanding Agreement between FDA and AAFCO denies the Freedom of Information rights of every single U.S. pet owner. No pet owner can make informed decisions about their pet’s food without public access to the regulations and legal definitions of pet food ingredients.
What is it going to take?…who knows. But, please send a message to FDA asking them to rescind MOU 225-07-7001 until all pet food regulations and legal definitions are public information. Email: AskCVM@fda.hhs.gov. Also, please send a message to your representatives in Washington DC demanding that pet owners have public access to all pet food regulations and legal definitions – tell them to require FDA to rescind the agreement with AAFCO that denies our Freedom of Information rights.
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
Become a member of our pet food consumer Association. Association for Truth in Pet Food is a a stakeholder organization representing the voice of pet food consumers at AAFCO and with FDA. Your membership helps representatives attend meetings and voice consumer concerns with regulatory authorities. Click Here to learn more.
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Batzion
October 11, 2019 at 3:12 pm
It’s going to require nationwide exposure through the media. For crying out loud, stastically speaking, nobody even knows we’re here, and the FDA knows that, too!
It could also require a HIGHLY PUBLICIZED class-action lawsuit against the FDA.
Have you considered contacting Harvard’s Animal Law & Policy Clinic for assistance and/or referrals (pro bono)? I left this link once before: https://bigthink.com/politics-current-affairs/harvard-animal-law?utm_source=All+Big+Think+Newsletters&utm_campaign=c217271a00-EMAIL_CAMPAIGN_2019_04_10_02_29_COPY_01&utm_medium=email&utm_term=0_4db4d7150a-c217271a00-43416157
Sending emails to the FDA and our Representatives in Congress isn’t working. I suspect they just laugh at us. We need to bust out of this cage and take it to the next level.
If I sound angry, it’s because I am; not at you, dear Susan, but at the FDA’s corruption.
~ Pet Owner ~
October 15, 2019 at 1:50 am
It’s not just the FDA. They are only a symptom of a much larger problem. Ignoring the mandate of the people. Highly placed bureaucrats acting with their own will. If anybody gets in their way, they will be destroyed.
Maybe the only way is to partner with an Animal Rights organization. They already have the visibility through public ads (for donations). And nobody can discriminate against people trying to save/rescue animals, because that’s a force even greater (emotional) than the government!
I’ve always thought that feeding pets “garbage” is a form of animal cruelty anyway. Somehow we’ve got to convince them of this advocacy.
Batzion
October 15, 2019 at 11:00 pm
Pet Owner, you always have good ideas, and this is another. I’ve been thinking about it and, if it was up to me, I would investigate the formation of a 501(c)(3) non-profit corporation which would not include just “an” animal rights organization, but it would include EVERY animal rights organization that gets a lot of publicity. The more big guns on board, the better.
In addition, there’s nothing to say we couldn;t invite people like Dr. Karen Becker, Jackson Galaxy, et al to become a part of our effort.
I know this would not be an easy task, but we have to do SOMETHING. We have to take a first step because no one else is. Actually, we have to become a force.
Please, everyone, share your thoughts on this.
Krista J
October 11, 2019 at 8:56 pm
Unfortunately, I agree that it will take a class action lawsuit, and more likely, several to get some traction on this issue. The profit margin on turning what would otherwise be waste into a profitable commodity is so high (not to mention the environmental implications) that any shift towards transparency will be/is a hard fight.
T Allen
October 11, 2019 at 9:47 pm
It’s time for a class action lawsuit. You have more than enough documentation and we have been more than patient. How many thousands of pets have died and gotten sick because of this garbage?
susan coyle
October 12, 2019 at 12:37 am
Dear Susan, has anyone thought of a grand jury complaint? IT WORKS! You have a (1) valid complaint, (2) plenty of proof of their lies, (3) records of the death of animals because of non listing ingredients and pets die from eating food they are allergic to, (4) laws on the books showing the FDA is non compliant. YOU HAVE A CASE. LIST WITNESSES, PERPATRATORS NAMES, ALL THE MONTHS/YEARS OF THE VIOLATIONS. THE GOOD THING IS IT DOESN’T COST A DIME. Attorneys who would volunteer to write up the complaint according to protocal would be needed – or even a paralegal. An attorney friend and myself closed down a shelter using the Grand Jury. I had the collected info and with pictures,she had the saavy to write it up as a legal document. Contact your Grand Jury in your County and even go visit them to get an outline as to exacially what they need to consider looking at it. Good Luck!!!
PeterSPoulos
October 13, 2019 at 9:39 pm
I’ve taken control of my pets’ health and nutritional requirements by educating myself and making their food. I use locally produced meat, so it is a more sustainable as well as healthier option. I don’t trust the corporate entities that control the FDA (or other government agencies, for that matter).
Deborah
October 18, 2019 at 9:20 am
T. Allen who commented six days ago is spot on. I totally agree. Count me in on this. I’ve been a huge animal advocate for decades including but not limited to picketing at circuses dressed up in a tiger costume in 110 degree heat.