When FDA refuses to abide by law…

…you have no option but to sue them. Documentary film producer Kohl Harrington has filed a lawsuit against the FDA.

Federal law requires government agencies to provide documents to those who request them through Freedom of Information Act (FOIA). Often, FOIA requests are sent due to someone wanting to learn the facts behind an FDA investigation or inspection or recall.

Kohl Harrington – the producer of the well known pet food documentary Pet Fooled – has devoted himself to learning the facts about the pet food industry. His devotion has not been well received by some.

When he attended his first AAFCO meeting, he was treated VERY disrespectfully by one of the committee chairs (Mr. Doug Leuters, Minnesota Department of Agriculture, Chair of the Model Bill and Regulations Committee). Kohl was one of those select individuals that AAFCO refused to allow to attend meetings (but changed their mind 3 days before), AAFCO accused him of being part of a lawsuit he had no involvement in.

FDA has taken a different tactic than AAFCO with Kohl’s devotion to learning the facts. They have stalled, delayed, and outright refused to provide him with the facts. Over the past several years, Kohl has filed many Freedom of Information Act requests with FDA and State Department of Agriculture agencies. He provides many of those FOIA requests to pet owners on his website https://www.petschooled.com/. And…there are certain FOIA requests that FDA has outright refused to provide him.

Defending his Freedom of Information rights, Kohl Harrington has filed a lawsuit against the FDA.

Excerpts from the lawsuit:

Plaintiff KOHL HARRINGTON brings this suit to force Defendants U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES and FOOD AND DRUG ADMINISTRATION to respond to and comply with HARRINGTON’s FOIA requests regarding regulation of the pet food industry.

To provide a comprehensive and unbiased sets of facts, on several occasions, HARRINGTON tried to obtain and validate information through the FDA’s media offices as well as other departments within the agency. On numerous occasions, FDA and its departments instructed HARRINGTON to file FOIA requests for information he wished to obtain.

On three separate occasions, July 26, 2019, September 16, 2019, and September 23, 2019, FDA’s FOIA office provided an ultimatum to HARRINGTON instead of providing the non-exempt public records that HARRINGTON requested or providing written responses to his requests.

Even though HARRINGTON never agreed to any of the proposed options, on September 23, 2019, and without any statutory authority, FDA unilaterally decided to “temporarily place in abeyance any new requests for records that [HARRINGTON] submit” while FDA continues “actively processing certain of [his] requests—[his] existing requests, or portions of such requests, for emails, text messages, and calendars, where FDA has already collected the records, as well as [his] existing requests for all other types of records.”

Some of the records that FDA have refused to provide are:

I am requesting records on what or which specific strands or serotypes of salmonella are pathogenic to dogs. I am also requesting records on what or which specific strands or serotypes of salmonella are pathogenic to cats.

I am requesting this complaint: FDA received a complaint of two kitten deaths, including one death which was confirmed to be caused by Salmonella septicemia. Subsequent testing by the FDA of Kitten Grind Lot #GA1102 revealed the presence of Salmonella and Listeria monocytogenes. This is in regard to blue ridge beef 03.01.18 recall.

I am requesting FDA records for or relating to HPP being a kill step for pet food and/or raw pet food.

I am requesting all FDA and FDA-CVM records, health tests, necropsy reports, and any other applicable records, for dogs and cats that have die[d] due to salmonella or salmonella related issues.

I am requesting all FDA records to cases where humans have been known to have died from salmonella by handling pet food.

I’m requesting all FDA records to cases where humans have been known to have become sick or hospitalized from salmonella by handling pet food.

Could it be that FDA is refusing to provide records that would ultimately prove they have been illegally bullying the raw pet food industry?

It is more than clear to us, if FDA had nothing to hide – they wouldn’t be refusing to provide the requested documents.

Kudos to Kohl Harrington for standing up for his rights, and for his continued fight to bring pet owners transparency and truth about the pet food industry. Many of us understand this is not an easy path to walk. But we want you to know Kohl, you are not alone. We are with you!

To read the full lawsuit, Click Here.

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 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.

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 5,000 cat foods, dog foods, and pet treats. 30 Day Satisfaction Guarantee. www.PetsumerReport.com

Find Healthy Pet Foods in Your Area Click Here

The 2020 List
Susan’s List of trusted pet foods. Click Here to learn more.