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FDA Agrees to Reconsider Request for NUTRO Records

Consumer news site seeks agency's records on dog, cat food problems

By Lisa Wade McCormick
ConsumerAffairs.com

June 19, 2009

The FDA, however, has not yet turned over any of the records that ConsumerAffairs.com requested under the Freedom of Information Act (FOIA).

The national consumer news Web site — which has received more than 900 complaints from pet owners nationwide who say their dogs and cats suddenly became sick after eating NUTRO pet food — filed its FOIA request in June 2008. Ten months later — in April 2009 — the FDA denied that request, saying the release of those records could interfere with law enforcement proceedings.

An FDA official, who spoke on the condition of anonymity, told ConsumerAffairs.com in April that its FOIA request was denied because the federal agency was investigating NUTRO. But the FDA’s Center Veterinary Medicine (CVM) later issued a statement claiming the pet food maker was not under investigation.

The CVM, however, is not the FDA division that handles complaints about pet food and is not the division that confirmed the probe of NUTRO.

ConsumerAffairs.com has also independently confirmed that FDA agents have visited the homes of at least three pet owners to investigate the deaths of their dogs, which all ate NUTRO pet food.

In May, an attorney for ConsumerAffairs.com appealed the FDA’s refusal to release the NUTRO records requested under the FOIA.

“Though the reports on whether the FDA is investigating Nutro have been conflicting, the FDA’s official position is that there is no pending investigation of Nutro. Therefore, the FDA may not rely on the ‘law enforcement’ exemption of FOIA because, according to the FDA, there is no pending enforcement proceeding against Nutro," said New York attorney Cameron Stracher.

In response, the FDA said it would "reopen your FOIA request."

“FDA reports that it will reopen your FOIA request and provide you with the requested records subject to any applicable FOIA Exemptions,” Carol Maloney, director of the FDA’s Division of FOIA Services wrote in response to ConsumerAffairs.com’s appeal.

Time for action

"One can only hope that it doesn't take the agency another ten months to consider whether or not it will produce the publicly-owned documents which were gathered at taxpayers' expense," said James R. Hood, ConsumerAffairs.com's editor and president.

"This is an urgent public health issue that affects not only animals. Humans handle the food they feed to their pets and are also potentially at risk if there is a hole in the food safety net. Taxpayers deserve action — and straight answers."

Read more ...

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