FDA: Interactions with Travis Tygart

Anthony Roberts filed this request with the Food and Drug Administration of the United States of America.

It is a clone of this request.

Tracking # 2017-10246
Est. Completion None
Status
Fix Required

Communications

From: Anthony Roberts

To Whom It May Concern:

This is a request under the Freedom of Information Act.

I am seeking all emails and email attachments sent and received by the FDA to and from Travis Tygart between January 1st, 2007 and November 1st, 2017.

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:

You need to provide a subject matter for your request so we can assign it to the proper office to begin searching. Is it in regards to a drug, a device, a biologic, a vet med item, etc.) And if it's in regards to a device, we would need the device name, the model no., and where it is manufactured. Providing a person's name is not enough. Once we receive the info, we can assign the proper office to begin searching. Thank you.

From:

Please do this for ALL your FOIA's you faxed in on Oct. 31. We need the info. in order to process your request. This info. should be in your request each time you make a request to the FDA. Thank you.

From: Food and Drug Administration

Awaiting your reply Anthony.

From: Anthony Roberts

The subject matter is performance enhancing drugs and dietary supplements.

From:

Food and Drug Administration
Division of Freedom of Information
Office of the Executive Secretariat, OC
12420 Parklawn Drive
ELEM-1029
Rockville, MD 20857

December 3, 2017

This is a follow up to a previous request:

The subject matter is performance enhancing drugs and dietary supplements.

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
Upload documents directly: https://www.muckrock.com/accounts/agency_login/food-and-drug-administration-116/fda-interactions-with-travis-tygart-45390/?email=Paula.Rohde%40fda.hhs.gov&uuid-login=acc9aa86-bd5f-4745-91e4-b8b451e7169a#agency-reply
Is this email coming to the wrong contact? Something else wrong? Use the above link to let us know.

For mailed responses, please address (see note):
MuckRock News
DEPT MR 45390
411A Highland Ave
Somerville, MA 02144-2516

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.

---

On Nov. 14, 2017:
Awaiting your reply Anthony.

---

On Nov. 1, 2017:
Please do this for ALL your FOIA's you faxed in on Oct. 31. We need the info. in order to process your request. This info. should be in your request each time you make a request to the FDA. Thank you.

---

On Nov. 1, 2017:
You need to provide a subject matter for your request so we can assign it to the proper office to begin searching. Is it in regards to a drug, a device, a biologic, a vet med item, etc.) And if it's in regards to a device, we would need the device name, the model no., and where it is manufactured. Providing a person's name is not enough. Once we receive the info, we can assign the proper office to begin searching. Thank you.

---

On Nov. 1, 2017:
To Whom It May Concern:

This is a request under the Freedom of Information Act.

I am seeking all emails and email attachments sent and received by the FDA to and from Travis Tygart between January 1st, 2007 and November 1st, 2017.

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

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
Upload documents directly: https://www.muckrock.com/accounts/agency_login/food-and-drug-administration-116/fda-interactions-with-travis-tygart-45390/?email=Paula.Rohde%40fda.hhs.gov&uuid-login=acc9aa86-bd5f-4745-91e4-b8b451e7169a#agency-reply
Is this email coming to the wrong contact? Something else wrong? Use the above link to let us know.

For mailed responses, please address (see note):
MuckRock News
DEPT MR 45390
411A Highland Ave
Somerville, MA 02144-2516

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.

From: Food and Drug Administration

Dear Mr. Roberts,

This is in response to your December 5, 2017, Freedom of Information Act (FOIA) request for records pertaining to PERFORMANCE ENHANCING DRUGS, DIETARY SUPPLEMENTS.

The Center Food Safety and Applied Nutrition (CFSAN) conducted a search and did not locate any records responsive to your request. 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>. 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, please contact Melissa.McIntosh-Ball@fda.hhs.gov<mailto:Melissa.McIntosh-Ball@fda.hhs.gov> or 240-402-0003. 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>.

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>.

Kimberly Jones

for

Sheila Wright
FOIA Officer
Center for Food Safety & Applied Nutrition
Office of Regulations, Policy & Social Science
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>

From: Anthony Roberts

Hi,

Thanks so much for your help with this request. I really appreciate it.

I am, however, curious as to how it is possible that I already have, in my possession, an email from Mr. Tygart to the head of FDA's dietary supplement division, dated 4/20/2011, that explicitly mentions dietary supplements, yet no records of such correspondence were located pursuant to this request.

Perhaps we can discuss on a phone call?

Sincerely,
Anthony Roberts

From: Food and Drug Administration

Good morning Mr. Roberts.

Your question and concern has been noted. We will research this matter and provide a comprehensive reply.

Sheila Wright
FOIA Officer
Center for Food Safety & Applied Nutrition
Office of Regulations, Policy & Social Science
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>

From: Food and Drug Administration

As a follow and interim reply to your inquiry, please be advised that individuals knowledgeable about the record search are out of the office for the holidays. I estimating that a comprehensive reply will not be forth coming until next week.

Sheila Wright
FOIA Officer
Center for Food Safety & Applied Nutrition
Office of Regulations, Policy & Social Science
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>

From: Anthony Roberts

Thanks a ton. I've emailed you separately but also have attached a photo of the email to this response.

From: Food and Drug Administration

Thanks, for the additional information.

Sheila Wright
FOIA Officer
Center for Food Safety & Applied Nutrition
Office of Regulations, Policy & Social Science
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>

From: Food and Drug Administration

Dear Mr. Roberts:

This is a follow up and final reply to your inquiry below wherein you raised concerns as to the meticulousness of CFSAN's record search in response to your subject FOIA request. Please note, we gave your inquiry serious concern and initiated a new comprehensive record search, as well as consulted with our program office subject-matter-expert(s) and information technology staff. The following determinations were made:

* FDA (i.e., CFSAN) does not have archives of email boxes earlier than 2012 for current or former employees

* Former director Daniel Fabricant did not conserve files or emails on a shared drive where access would be indefinite

* The Office of Nutrition Labeling and Dietary Supplements (ONLDS) was reorganized and two separate offices were created, the Office of Dietary Supplements (ODSP) and the Office of Nutrition and Food Labeling (ONFL) which could have resulted in records that exceeded retention requirements being purged

* Another copied employee on the referenced has since left the agency

* The consumer safety officer who manages the new dietary ingredient program was not copied or otherwise included on communication with the subject parties on the subject matter

* A comprehensive search of all previous FOIA requests did not identify a release of records for the sum total of the records you request

* A single 2011 FOIA request release partially consisted of the referenced email you provided, as well as 7 additional responsive pages which you may already have but are attached for your information

I hope this information proves useful.

r/v
Sheila Wright
FOIA Officer
Center for Food Safety & Applied Nutrition
Office of Regulations, Policy & Social Science
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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