FDA: Fabricant and Chromadex
| Tracking # |
2017-10785 |
| Submitted | Dec. 22, 2017 |
| Est. Completion | None |
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Communications
From: Anthony Roberts
To Whom It May Concern:
This is a request under the Freedom of Information Act.
It has been stated by former FDA-OCI agent Jeff Novitzky in sworn testimony (see: USA v. Potratz) that a relationship between former FDA Director of Dietary Supplements Daniel Fabricant and Chromadex existed that was alleged to have the effect of shielding dietary supplement manufacturers from FDA scrutiny.
Accordingly I am requesting any pre-hire conflict of interest documents that indicate a relationship between Fabricant and Chromadex. I am seeking documents that show that a relationship existed prior to Fabricant's time at FDA (i.e. has he ever performed work for Chromadex, did he own stock, etc...), whether that relationship existed during his time at FDA, and if a conflict existed and was disclosed, did Fabricant receive a waiver of any sort that allowed it to be ignored.
I am also seeking any communications (emails, etc...) sent to or from Fabricant by Chromadex or its founder Frank Jaksch. I am additionally seeking documents that indicate whether or not Fabricant directly worked on, or had any form of input into, any FDA decisions or actions that involved Chromadex (i.e. approving NDINs, enforcement action, etc...).
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.
Sincerely,
Anthony Roberts
From: Food and Drug Administration
This email is in reference to your Freedom of Information Act request for records regarding EMAILS SENT TO OR FROM DANIEL FABRICANT BY CHROMADEX OR ITS FOUNDER FRANK JAKSCH.
We are unable to determine the date range for the records that you are requesting. Please contact me via email or by phone at the number listed below as soon as possible with the information identifying the dates for records.
Your requests will be placed on a 10 day hold and will not be processed further until we hear from you. If we do not hear from you within 10 days from the date of this notification, we will assume you are no longer interested in the processing of your requests and your requests will be considered close.
Thanks and I look forward to hearing from you soon.
Kimberly Jones
Administrative Support Specialist (CNI Technical Services Contractor)
Center for Food Safety & Applied Nutrition (CFSAN)
Office of Regulations, Policy & Social Sciences (ORPSS)
Freedom of Information Act (FOIA)
PH (240) 402-1825
Kimberly.jones@fda.hh.gov<mailto:Kimberly.jones@fda.hh.gov>
[cid:image001.png@01D29CBA.FA769050]<http://www.fda.gov/>
[cid:image002.jpg@01D29CBA.FA769050]<https://www.facebook.com/FDA> [cid:image003.jpg@01D29CBA.FA769050] <https://twitter.com/US_FDA> [cid:image004.jpg@01D29CBA.FA769050] <http://www.youtube.com/user/USFoodandDrugAdmin> [cid:image005.jpg@01D29CBA.FA769050] <http://www.flickr.com/photos/fdaphotos/> [cid:image006.jpg@01D29CBA.FA769050] <http://www.fda.gov/AboutFDA/ContactFDA/StayInformed/RSSFeeds/default.htm>
Kimberly Jones
Administrative Support Specialist (CNI Technical Services Contractor)
Center for Food Safety & Applied Nutrition (CFSAN)
Office of Regulations, Policy & Social Sciences (ORPSS)
Freedom of Information Act (FOIA)
PH (240) 402-1825
Kimberly.jones@fda.hh.gov
[cid:image001.png@01D29CBA.FA769050]<http://www.fda.gov/>
[cid:image002.jpg@01D29CBA.FA769050]<https://www.facebook.com/FDA> [cid:image003.jpg@01D29CBA.FA769050] <https://twitter.com/US_FDA> [cid:image004.jpg@01D29CBA.FA769050] <http://www.youtube.com/user/USFoodandDrugAdmin> [cid:image005.jpg@01D29CBA.FA769050] <http://www.flickr.com/photos/fdaphotos/> [cid:image006.jpg@01D29CBA.FA769050] <http://www.fda.gov/AboutFDA/ContactFDA/StayInformed/RSSFeeds/default.htm>
From: Anthony Roberts
The dates requested should stretch for the entirety of Dr. Fabricant's employment with FDA, from February of 2011 to August of 2014.
From: Anthony Roberts
Sorry, last email should have specified an end date of April 2011, not August.
From: Food and Drug Administration
An acknowledgement letter, stating the request is being processed.
From: Food and Drug Administration
Dear Mr. Roberts:
The FDA Center for Food Safety and Applied Nutrition (CFSAN) was assigned the following portion of your subject request dated December 22, 2017:
"
[cid:image009.png@01D3951C.A9A40D00]"
After a diligent search of our records we were unable to locate any records responsive to your request. Please note that, FDA (i.e., CFSAN) does not have archives of email boxes earlier than 2012 for current or former employees. Further, former director Daniel Fabricant did not conserve any responsive files or emails on a shared drive where access would be indefinite and/or regarding Chromadex, as well as its owner Frank Jaksch. Therefore, we are closing our file on this case.
While we believe that an adequate search of appropriate files was conducted for the records you requested in CFSAN, you have the right to appeal this determination. By filing an appeal, you preserve your rights under FOIA and give the agency a chance to review and reconsider your request and the agency's decision. Your appeal must be mailed within 90 days from the date of this response, to: Agency Chief FOIA Officer, U.S. Department of Health and Human Services, Office of the Assistant Secretary for Public Affairs, Room 729H, 200 Independence Avenue, S.W., Washington, DC 20201; e-mail FOIARequest@PSC.hhs.gov<mailto:FOIARequest@PSC.hhs.gov<mailto:FOIARequest@PSC.hhs.gov%3cmailto:FOIARequest@PSC.hhs.gov>>. Please clearly mark both the envelope and your letter or e-mail "FDA Freedom of Information Act Appeal."
If you would like to discuss our response before filing an appeal to attempt to resolve your dispute without going through the appeals process, feel free to contact me directly. You may also contact the FDA FOIA Public Liaison for assistance at: Office of the Executive Secretariat, US Food & Drug Administration, 5630 Fishers Lane, Room 1050, Rockville, MD 20857, E-mail: FDAFOIA@fda.hhs.gov<mailto:FDAFOIA@fda.hhs.gov<mailto:FDAFOIA@fda.hhs.gov%3cmailto:FDAFOIA@fda.hhs.gov>.
If you are unable to resolve your FOIA dispute through our FOIA Public Liaison, the Office of Government Information Services (OGIS), the Federal FOIA Ombudsman's office, offers mediation services to help resolve disputes between FOIA requesters and Federal agencies. The contact information for OGIS is as follows: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park, MD 20740-6001; telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769; e-mail at ogis@nara.gov<mailto:ogis@nara.gov<mailto:ogis@nara.gov%3cmailto:ogis@nara.gov>.
We apologize for the delay and appreciate your patience.
r/v
Sheila Wright
FOIA Officer
Center for Food Safety & Applied Nutrition
Office of Regulations and Policy
Tel: 240-402-2812
[cid:image001.png@01D1C57E.DFA022A0]<http://www.fda.gov/>
[cid:image002.jpg@01D1C57E.DFA022A0]<https://www.facebook.com/FDA> [cid:image003.jpg@01D1C57E.DFA022A0] <https://twitter.com/US_FDA> [cid:image004.jpg@01D1C57E.DFA022A0] <http://www.youtube.com/user/USFoodandDrugAdmin> [cid:image005.jpg@01D1C57E.DFA022A0] <http://www.flickr.com/photos/fdaphotos/> [cid:image006.jpg@01D1C57E.DFA022A0] <http://www.fda.gov/AboutFDA/ContactFDA/StayInformed/RSSFeeds/default.htm>
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