FDA FOIA Update 02-21-18...

Electronic correspondence over the last week or so...

Facebook: Russian Meddling vs. Vaping...

Supposedly Russian's spent some $100,000 USD with Facebook meddling in the US 2016 election:

https://www.washingtonpost.com/outlook/why-russias-facebook-ad-campaign-wasnt-such-a-success/2017/11/03/b8efacca-bffa-11e7-8444-a0d4f04b89eb_story.html?utm_term=.3fbb382615c6

This begs the question:

Why does Facebook allow Russian's meddling in our elections to purchase ads but not vape shops?

Seems like Facebook values the business of Russian meddlers far more than the lives of smokers.

Russian ads from the WaPo... via Google Image Search

Surprisingly the Russian's are merely (top center) repeating what Sanders actually said as reported The Hill (for example):

"Do I have a problem when a sitting secretary of State and a foundation run by her husband collects many, many dollars from foreign governments — governments which are dictatorships?

"Yeah, I do have a problem with that. Yeah, I do," Sanders said on CNN's "State of the Union."

Yet vaping cannot be advertised despite the growing scientific evidence demonstrating it's safety relative to smoking (for example, from the Guardian):

https://www.theguardian.com/science/sifting-the-evidence/2017/dec/29/e-cigarettes-vaping-safer-than-smoking

I think the judgement of Facebook really needs to be questioned.

(Still waiting for data from the FDA FOIA requests...)

FOIA Replies (Second Time...) $250.00?

Here they are below.  Apparently "... charges may be incurred once processing of your request has begun." 

According to https://www.fda.gov/RegulatoryInformation/FOI/FOIAFees/default.htm "Noncommercial Use Requestors, Such as Representatives of the News Media, Public Interest Groups, and Educational and Noncommercial Scientific Institutions: Duplication charges at the same rates listed above with no charge for first 100 pages of duplication." and "Requestors are generally billed for fees after their requests have been processed; however, if total fees are expected to exceed $250.00 FDA may require payment in advance of processing."

So I guess I am in for a max of $250.00 USD for each request.

So I wonder how this works for electronic requests? 

No charge for "media" on searches (up to $83.00/hour).

We'll see what turns up I guess.

As state before I will set up a kickstarter if more funds are required and share the results with all who contribute.

and

FOIA Re-Request via Web...

So apparently writing a FOIA letter (kiss my $12 to the USPS goodbye) isn't appropriate as I am part of the news media here (11,000 views last month):

So I went here (https://www.accessdata.fda.gov/scripts/foi/FOIRequest/index.cfm) and filed these slightly modified requests:

#FDAVapeFOIA #1- Request for Fee Waiver

Based on the regulations outlined (here, scroll down to section 21, 20.42-20.45) I am requesting the fee be waived for the requested material.

FDA FOIA Request #2

Second filing...  First one got a lawyer to respond (see previous posts).

This filing addresses comments made in the Nicopure lawsuit regarding whether certain types of NFL's (Nicotine Free E-Liquids) are regulated (they are not).

https://www.cstoredecisions.com/2016/12/15/fda-makes-statements-synthetic-nicotine/#_

http://www.nextgenerationlabs.com/fda-confirms-tfn-nicotine-is-not-a-tobacco-product/

One has to ask what the science of public safety says about the same molecule regulated differently depending on where some manufacturing process gets it from.

I expect the same stonewalling I got before but we will see.

I contacted https://pacificlegal.org/ to see if they are interested in supporting this.

#FDAVapeFOIA - FDA Responses

An email exchange began today:



To which I replied:


 And then:

And another reply: