FOIA Request for Additives Information

Note: There are over 1200 pages of records available on these subjects from CDC, but the CDC has been reluctant to release this information to the public. When a member of the public asks for this information, CDC asks for large searching fees to retrieve the documents. However, if a reporter or journalist asks for this information, the CDC may not charge search fees.

Moreover, if the request is from someone who plans to disseminate this information to the public to help explain the operations of a facet of government, the agency should waive all or part of the fees.

___________________(address)
___________________
___________________
___________________

___________________ (date)

Freedom of Information Act Office
Centers for Disease Control
Department of Health and Human Services
1600 Clifton Road, Mail Stop D54
Atlanta, GA 30333

Dear Sir or Madam:

Pursuant to the provisions of the Freedom of Information Act at 5 USC 552b et. seq. as amended, and the Electronic Freedom of Information Act provisions, I hereby request the following records:

NOTE: reference to ³tobacco additive² records refer generally to those records generated as a direct or indirect result of Public Law 98-474 at 15 USC 1335a and 15 USC 14403, which require tobacco companies to provide aggregate lists of additives in cigarettes and other tobacco products, and encourages HHS to study and report on additive safety.

1) A copy of the Records Retention Schedule, as filed (or not filed) with the National Archives and Records Administration, associated with the tobacco additive lists held by the Office on Smoking & Health;

2) A list of any reports or studies, formal or informal performed at OSH relating to tobacco additives;

3) A copy of all email to or from (or internal to) the Office on Smoking & Health during the past two years associated with the following topics: tobacco additives, the tobacco additives lists, secrecy or confidentiality of the data, congressional inquiries associated with the additives list, FOIA requests associated with the additives list, and related topics;

4) A copy of all formal or informal reports, memoranda, letters, documents, proposals, instructions, or any other records associated with the tobacco additives lists, usage of this list within OSH or CDC or HHS, secrecy or confidentiality of the data, or related topics;

5) A copy of all correspondence, email, reports, documents, instructions, proposals, directions, during the past five years, as applicable, with Ryan Heywood, a TRW contractor, or with TRW itself concerning the contracted work on the additives list or associated records or projects;

6) A copy of all correspondance, email, or memoranda to or from the Office of the Secretary of Health and Human Services concerning the tobacco additives list and related topics;

7) A copy of the Request for Proposal, the Proposals received, the Statement of Work, and the billings for each year that work has been performed by TRW on this project;

8) A copy of the resume or curriculum vitae for Patricia Richter, the toxicologist working on the tobacco additives studies;

9) A copy of the plan of work, statement of work, annual plan, or other work direction for Patricia Richter (sic), a toxicologist working on the tobacco additives list, associated with tobacco additives, the tobacco additives list, or studies associated with the list;

10) A copy of the handling procedures, security procedures, handbooks, manuals, security violation citations or other documentation associated with administration of P.L. 98-474 (the tobacco additives lists);

11) A copy of all FOIA Request letters to CDC and the associated Response letters from CDC associated with the tobacco additive lists or related documentation; (note that I am requesting copies of the request letters and response letters, and the first 25 pages of records provided along with each of those requests; (you may omit duplicate records);

12) A copy of any and all Congressional correspondence within the past five years with CDC concerning tobacco additive lists (both letters from Congress or members of Congress to CDC or OSH, as well as letters from OSH or CDC to Congress or members of Congress);

13) A copy of the job descriptions of Julie Fishman (additives administrator at OSH), and Patricia Richter (OSH toxicologist);

14) A copy of the CDC/HHS attorney¹s opinion concerning release of the 1994 tobacco additives list after the industry released the list themselves sua sponte;

15) A copy of the inspection report from the HHS Office of Inspector General¹s inspection of the security provisions for the tobacco ingrediants list.

Please release all segregable portions of the requested documents, down to the sentence and even the word level if necessary. As required by law, please indicate specifically which records are being withheld, and the specific exemption invoked for each redaction or denial.

Please note that this request is important because 1) the OSH was tasked by law to (and had a strong public duty to) study the safety of the tobacco additives for over a decade, yet failed to do so for reasons of political pressure and induced budget constraints; 2) this information will shed light on the operations of the OSH, and thus CDC and HHS operations with regard to tobacco; 3) many of the requested records have never been made available to the public, even though releasable in full under FOIA; 4) there is a huge public interest in the additives in tobacco products, as evidenced by the law passed by Congress specifically on this subject, and the numerous newspaper articles published and lawsuits filed recently on the subject; 5) these records concern subjects of life and death, as indicated by the CDC- and FDA-characterized toxic nature of many of the ingrediants already disclosed to the public by the tobacco industry in 1994.

OPTIONAL: I request a fee waiver and I believe that I am entitled to a fee waiver because: 1-I have the capability to disseminate the requested record to the public, and I am likely to do so, and 2-This information will help explain how the CDC has handled and analyzed the cigarette and smokeless tobacco secret ingrediant lists under the statutes, thus informing the public of the operations of government. I have attached information explaining why and how this is the case.

I also agree in advance to pay up to $50 for reasonable costs associated with this request. If necessary you may contact me if you wish me to narrow my request.

Thank you for your assistance. If you have any questions, please contact me.

Sincerely,

___________________

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