Who AAFCO Hired is Mind-Boggling

New information has us asking: Do AAFCO members have such close relationships with the pet food industry they can no longer properly regulate pet food?

Discovered by fellow pet food advocate (and documentary film producer) Kohl Harrington, one attorney/one law firm represents both the regulators of pet food and the regulated industry. Attorney John Dillard of OFW Law firm represents both the Association of American Feed Control Officials (AAFCO – an organization of regulators of pet food) and the American Feed Industry Association (AFIA – a trade association of animal feed and pet food manufacturers). One attorney, one law firm representing both sides of the pet food fence – the Regulators and the Regulated.

In this AFIA newsletter from Spring 2019, page 38 under the category of “AFIA Member Companies” states: “Dillard and OFW represent AFIA and other clients on federal regulatory issues.”

The same Mr. Dillard that represents AFIA represented AAFCO when consumers and advocates were banned from attending AAFCO meetings.

Click Here to view minutes of an AAFCO Board of Directors meeting in August 2019 which states: “At 8:15 am, Directors convened a conference call with John Dillard, OFW Law, for the purpose of discussing legal issues pertaining to AAFCO.”

AAFCO members are Federal and State government employees that are charged with enforcement of pet food regulations AND who participate in AAFCO as part of their government work duties. The above meeting minutes indicated sixteen individuals that are employed by federal government or state government – charged with regulating pet food/animal feed – participated in the above meeting where AAFCO business with John Dillard, OFW Law was discussed. Four FDA representatives participated (Dave Edwards, Eric Nelson, Mick Dutcher, and Glenn Bass) and at least twelve State Feed Officials (Bob Geiger, Dave Phillips, Stan Cook, Austin Therrell, Kristen Green, Ali Kashani, Erin Bubb, Hollis Glenn, George Ferguson, Bob Waltz, Doug Lueders, and Richard Ten Eyck) participated.

The bigger problem.

In this document from 2015, attorney John Dillard participated in an AFIA webinar titled “AFIA’s FDA Inspection Webinar“.

Of significance, the description of the webinar stated (bold added for emphasis):

“Speakers Richard Sellers, AFIA senior vice president of legislative and regulatory affairs, and John Dillard, an attorney for AFIA’s outside legal counsel, explain in detail what facility managers need to know about inspections and a firms obligations, as well as how to respond to the U.S. Food and Drug Administration’s various inspection requests for information. Sellers and Dillard also addressed what documents firms should or should not supply to FDA during an inspection.”

While concerning, the problem is not that Mr. Dillard of OFW Law participated in a webinar that taught the pet food/animal feed industry “how to respond” to inspections and taught industry “what documents” should or should not be supplied to FDA. While we (pet owners) might not agree with these lessons to industry, as long as unsafe pet products are removed from store shelves, as long as regulatory performs proper inspections – industry has the right to protect itself.

The problem is that those who actually perform the inspections – FDA and State Department of Agriculture – decided to hire this exact attorney, this exact law firm that teaches industry these lessons.

Did no Regulator consider the implications of this decision?

OFW Law was the sponsor of an AFIA 2020 webinar. The description of the firm provided on the AFIA website states: “Our attorneys provide regulatory counsel on compliance with FDA regulations pertaining to manufacturing, transporting, labeling, and marketing livestock and poultry feed and pet food, including the agency’s implementation of the Food Safety Modernization Act (FSMA). OFW assists animal food manufacturers in responding to inspection issues and provides representation in FDA investigations and enforcement matters.”

The Regulators (AAFCO members) intentionally hired the law firm that describes itself as providing regulatory counsel on compliance issues, inspection issues and enforcement matters to the regulated (members of AFIA). They could have (should have) hired any other attorney/law firm that didn’t represent the interests of industry. But they didn’t. The regulatory authorities of AAFCO chose to hire John Dillard/OFW Law.

Is the evidence mounting that serious conflicts of interest exist between AAFCO, certain representatives of FDA, and industry?

Freedom of Information Act acquired emails proved that these same parties – AAFCO, AFIA, and FDA (specifically Dr. David Edwards) worked together to lobby Congress that resulted in the deletion of pet food safety laws that were promised to pet owners.

In October 2020, we were provided Freedom of Information Act request emails that evidence another lawyer from the OFW Law firm – representing AAFCO – communicated with a pet food manufacturer (Defendant) that was facing a consumer lawsuit before fulfilling subpoenaed information to the Plaintiff’s (pet owners) attorney.

And now with this – the regulated and the regulators sharing the same attorney/law firm.

Yes, the evidence is mounting. And it leads to serious questions.

Would it be possible that a Regulatory Authority who is very familiar with OFW Law through their work at AAFCO could look the other way, or let something go when a pet food manufacturer is represented by OFW Law?

What if…

…what if secrets are shared between industry and regulatory?

…what if secrets are kept between industry and regulatory?

…what if recalls aren’t happening because someone is trying to protect the friend of a friend?

To protect our pets, we must demand there be a distinct separation between regulatory and the regulated.

The following email was sent to FDA.

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To: AskCVM@fda.hhs.gov
Attention: Dr. Steven Solomon, Director Center for Veterinary Medicine

Dr. Solomon,

More and more evidence is mounting that indicates some regulatory authorities have far too close ties with the industry they regulate. This leaves pet owners feeling unsure anyone of authority has our pets best interest at heart.

AAFCO and industry (AFIA – American Feed Industry Association) share an attorney/law firm – Mr. John Dillard, OFW Law. We remind you that FDA itself is an active member of AAFCO, which translates into FDA also being represented by the same attorney/same law firm that represents the industry the Agency regulates. We firmly believe AAFCO should NOT have retained an attorney that directly represents the very same industry AAFCO members regulate. With so many other legal options available to AAFCO, we are extremely concerned as to why AAFCO membership selected this specific attorney, this specific law firm.

Of concern, Mr. John Dillard and other representatives of OFW Law have participated in multiple AFIA sponsored events. One event of concern, Mr. Dillard participated in an AFIA webinar providing coaching to industry to “what documents firms should or should not supply to FDA during an inspection.“

OFW Law was the sponsor of an AFIA 2020 webinar. The description of the firm provided on the AFIA website states: “Our attorneys provide regulatory counsel on compliance with FDA regulations pertaining to manufacturing, transporting, labeling, and marketing livestock and poultry feed and pet food, including the agency’s implementation of the Food Safety Modernization Act (FSMA). OFW assists animal food manufacturers in responding to inspection issues and provides representation in FDA investigations and enforcement matters.”

Multiple FDA representatives – Dave Edwards, Eric Nelson, Mick Dutcher, and Glenn Bass – participated in an AAFCO meeting where “legal issues pertaining to AAFCO” was discussed. The attorney presenting these legal issues was Mr. John Dillard of OFW Law – the same attorney and law firm that represents the interests of AFIA.

Evidence shows that while representing AAFCO when the organization was subpoenaed for documents by the Plaintiffs of a class action lawsuit, the AAFCO attorney (OFW Law) communicated with the Defendants (pet food industry) in advance of providing subpoenaed documents. Again, because FDA is an active member of AAFCO this translates into an attorney representing FDA communicating with Defendants in a lawsuit.

Dr. David Edwards of FDA CVM, AAFCO Board of Directors, and the trade association AFIA worked together to lobby members of Congress to delete section 1002 (a) of Ensuring the Safety of Pet Food within the Food and Drug Administration Amendments Act. Laws that were promised to pet owners after the deadliest pet food recall in history were deleted by the combined efforts of Regulators and the Regulated.

This information has us (pet owners) very concerned. It leaves us wondering what else AAFCO, industry and certain representatives of FDA are working on behind closed doors. Are secrets being shared or kept between these parties? Will our pets pay the ultimate price for these regulatory and regulated close relationships?

Based on the above, we are asking FDA Center for Veterinary Medicine to immediately cut all ties with AAFCO, this includes withdrawal of the Memorandum of Understanding agreement between FDA and AAFCO. Until AAFCO members can prove to the public’s satisfaction there is no conflict of interest, the FDA should not provide AAFCO with the huge regulatory responsibility it currently holds.

We are asking FDA to immediately stop providing federal funding to AAFCO until the organization can prove to the public’s satisfaction there is no conflict of interest.

We are asking for a full investigation of all FDA representatives that participate in AAFCO – significantly those that have worked closely with the trade association AFIA – for potential conflict of interests with industry.

We are asking for a full investigation of the State Feed Officials holding decision making positions at AAFCO for potential conflict of interests with industry. All federal funding to these States through the AFRPS program should be withheld until the investigation is complete.

Pet owners are the largest stakeholder of pet food and we deserve the opportunity to purchase safe, properly labeled pet products. As things currently stand – with AAFCO and certain representatives of FDA working too closely with industry – we question the safety of pet products. Will FDA wait until another publicly embarrassing (and perhaps illegal) conflict of interest surfaces or will FDA be proactive and operate as a proper regulatory body? We wait to see which you choose.

On behalf of pet owner members of Association for Truth in Pet Food,

Susan Thixton

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Pet owners can feel free to copy the above email and send to FDA and your State government authorities. Or send officials your own message. But please send them your message. The FDA and State government authorities need to hear from MANY of us.

Safe pet food can ONLY be achieved with unbiased regulatory authorities.

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

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