Our plan is to ask nicely for the records in this case so the FDA can see the benefit or transparency. If the FDA refuses to respond by disclosing the information, we will ask a Court to decide if the public has a right to know. FSIS has done this on recalls of beef, pork and poultry for over a decade and the world did not stop spinning.
January 3, 2018
Food and Drug Administration
Division of Freedom of Information
Office of the Executive Secretariat, OC
5630 Fishers Lane, Room 1035
Rockville, MD 20857
REQUEST FOR PUBLIC RECORDS
Outbreak of E. coli, January-March 2017
I.M Healthy SoyNut Butter, I.M Healthy Granola, Dixie Diner’s Club Carb Not Beanit Butter, and 20/20 Life Styles Yogurt Peanut Crunch Bars
To Whom It May Concern:
I am writing to request copies of public records on file at the Food and Drug Administration (FDA) regarding the names and locations of all retailers known by the FDA to have received shipments of I.M. Healthy SoyNut Butter, I.M. Healthy Granola, Dixie Diner’s Club Brand Carb Not Beanit Butter, and 20/20 Life Styles Yogurt Peanut Crunch bars that have been recalled due to potential contamination with E. coli.
On March 3, 2017, The SoyNut Butter Company voluntarily recalled its I.M. Healthy Original Creamy SoyNut Butter with Best By dates of August 30, 2018 and August 31, 2018. On March 4, 2017, The SoyNut Butter Company expanded the recall of its I.M. Healthy Original Creamy SoyNut Butter to include product packaged in 15oz. plastic jars with Best By dates of July 05, 2018, August 30, 2018, and August 31, 2018; individual portion cups with a Best By date of August 08, 2018; and 4lb. plastic tubs with Best By dates of November 16, 2018 and July 25, 2018.
On March 7, 2017, The SoyNut Butter Company recalled all lots of I.M. Healthy SoyNut Butter and I.M. Healthy Granola. I.M. Healthy SoyNut Butter is packaged in 15 oz. plastic jars, individual portion cups, 4 lb. plastic tubs or 45 lb. pails. The products are available in Original Creamy, Chunky, Honey Creamy, Unsweetened and Chocolate. I.M Healthy Granola is packaged in individual serving packages, 12 oz. bags, 50 oz. bags, and 25 lb. bulk bag. I.M. Healthy Granola is available in Original, Apple, Blueberry, with Raisin, and Cranberry.
On March 10, 2017, The SoyNut Butter Company expanded its recall to include all best buy dates of Dixie Diner’s Club brand Carb Not Beanit Butter. The recalled product was only available for purchase via mail order or online portals.
On March 24, 2017, Pro Sports Club recalled 20/20 Life Styles Yogurt Peanut Crunch bars because they were made with soy nut butter supplied by The SoyNut Butter Company.
Despite the recall of these products, Amazon was still selling I.M. Healthy SoyNut Butter as of September 5, 2017, a Lucky’s Market in Redwood City, California was still selling I.M. Healthy SoyNut Butter as of September 26, 2017, and Shop.com was still selling I.M. Healthy SoyNut Butter as of October 12, 2017.
We are willing to pay all costs associated with providing the requested records. If you require pre-payment, please contact me and I will arrange for it to be made. Responsive documents can be sent via email, facsimile (206-346-1898) or by U.S. Mail. If you choose to mail documents please send them to my attention at the following address.
Marler Clark Law Firm
1012 First Avenue, Fifth Floor
Seattle, WA 98104-1008
If you have any questions about my request or need further information, please contact me. Thank you in advance for your prompt reply.
Very truly yours
Katrina Deardorff, MPH