Information Requests for Corrections and HHS' Responses
[ HHS Information Quality Main Page ]
Under the HHS Information Quality Guidelines, Requests for Correction (RFC)
and Requests for Reconsideration (RFR) may be submitted to HHS. HHS responds
to these requests.
The purposes of the Information Quality Guidelines are to provide policy
and procedural guidance to agency staff, and to inform the public about agency
policies and procedures. HHS views the guidelines as an evolving document
and process. HHS will continually review the performance of the guidelines
in the context of agency statutes and missions and will make revisions to
the guidelines as necessary.
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CDC Fluoridation.
CDC received a request from a citizen on November 19, 2002 concerning
fluoridation information. CDC responded on January 9, 2003. CDC received
an appeal on January 19, 2003 and responded on March 9, 2003.
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CDC Gonorrhea Link.
CDC received a request on January 8, 2003 from a contract employee about
the establishment of an additional electronic link for gonorrhea information
on the CDC web site. CDC responded on March 3, 2003. CDC received an appeal
on March 28, 2003 and responded on April 24, 2003.
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CDC Fluoroquinolone.
CDC received a request on December 13, 2002 from the Animal Health Institute,
an animal health products manufacturer trade association about information
on the use of an antibiotic (fluoroquinolone) in the production of
Campylobacter-resistant poultry. CDC responded to the request on March 13,
2003. An appeal was received on March 27, 2003. On July 11, 2003, CDC responded
to the appeal.
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FDA Campylobacter Risk Assessment.
FDA received a request from the Animal Health Institute about information
used in a FDA risk assessment on the impact of fluoroquinolone associated
with Campylobacter in poultry consumption on January 23, 3003. FDA responded
on March 22, 2003. FDA received an appeal on April 16, 2003. FDA responded
on September 16, 2003. (The Administrative Law Judge's decision referenced
in the FDA response to the appeal was issued on March 16, 2004. The decision
upheld the risk assessment.)
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NTP Anthraquinone Abstract.
The National Toxicology Program, NIH received a request by the Chemical Products
Corporation concerning information about anthraquinone that appeared in an
abstract on the National Toxicology Program web site on November 17, 2002.
NIH responded to the request on March 19, 2003. NIH received an appeal on
March 28, 2003. NIH responded to the appeal on September 8, 2003.
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CMS SafeBlood.
CMS receive a request by SafeBlood Technologies on November 14, 2002 and
January 23, 2003 concerning information about SafeBlood on Medicare fiscal
intermediary Arkansas Blue Cross and Blue Shield's web site. Although CMS
reclassified the request as a coverage issue for a period of time, CMS determined
that, at least in part, the request raised an information quality issue and
wrote a response on April 17, 2003.
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NTP Nickel.
The National Toxicology Program, NIH received a request from several nickel
product groups concerning information about metallic nickel and nickel compounds
in the National Toxicology Program's 10th Report on Carcinogens
(RoC) on April 11, 2003. NIH responded to the request on October 24,
2003. NIH received an appeal on November 17, 2003. NIH responded to the appeal
on October 27, 2004.
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NIH Sodium Intake.
The National Heart, Lung, and Blood Institute, NIH received a request from
the U.S. Chamber of Commerce and the Salt Institute concerning the release
of additional data on the impact of sodium intake on blood pressure from
the DASH-Sodium Study on May 14, 2003. NIH responded to the request on August
19, 2003. NIH received an appeal on September 22, 2003. NIH responded to
the appeal on February 11, 2004. On March 31, 2004, the Salt Institute and
the Chamber of Commerce filed suit in the US District Court for the Eastern
District of Virginia against HHS over NIH dissemination of information about
the DASH-Sodium Trial (Case No. 04-CV-359 GBL). On January 25, 2005, the
Court upheld the federal government's position by finding that an agency's
decision to deny a party's information quality complaint is not reviewable
by the Court (See End-of-Year Report for FY 2004)
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NTP Styrene.
The National Toxicology Program, NIH received a request from the Styrene
Information and Research Center concerning a press release and fact sheet
on June 12, 2003. NIH responded on August 14, 2003.
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OPHS & USDA Dietary Guidelines.
The Office of Public Health and Science (OPHS) and the Department of Agriculture
received a request from the Center for Regulatory Effectiveness concerning
the 2005 Dietary Guidelines and the WHO Report on September 8, 2003. OPHS
and the Department of Agriculture (in a joint letter) responded on January
8, 2004.
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FDA Mercury in Fish.
FDA's Center for Food Safety and Applied Nutrition received a request from
the Environmental Working Group concerning FDA's Draft Advisory for Women
About Avoiding Mercury in Fish on December 22, 2003. FDA responded on February
15, 2005. FDA recieved an appeal on March 16, 2005. HHS responded to the
appeal on May 16, 2005.
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NTP Anthraquinone Report.
The National Toxicology Program, NIH received a request from the Chemical
Products Corporation on February 24, 2004 concerning information about
anthraquinone in a revised draft of NTP Technical Report 494
(TR494) that was made available for public comment. NIH responded to
the request on July 16, 2004. NIH received an appeal on July 29, 2004. NIH
responded to the appeal on January 31, 2005.
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NIH Smokeless Tobacco.
The National Institute of Aging, NIH received a request from the National
Legal and Policy Center on March 17, 2004 concerning the dissemination of
information on smokeless tobacco. NIH responded to the request on June 29,
2004.
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NTP Naphthalene.
The National Toxicology Program, NIH received a request on April 1, 2004
from the American Chemistry Council concerning information about naphthalene
disseminated as part of the process of developing the 11th Report
on Carcinogens (RoC). NIH responded to the request on January 18, 2005. NIH
received an appeal on February 18,2005. NIH responded to the appeal on November
2, 2005.
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FDA Pain Products Campaign.
FDA's Center for Drug Evaluation and Research received a request on May 18,
2004 from McNeil Consumer and Specialty Products concerning the FDA's consumer
campaign on the safe use of over the counter pain products including
acetaminophen and nonsterodidal anti-inflamatory drugs (NSAID). FDA responded
to the request on August 25, 2004. FDA received an appeal on October 22,
2004. FDA responded to the appeal on March 7, 2005.
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NTP Report on Carcinogens.
The National Toxicology Program, NIH received a request from the Center for
Regulatory Effectiveness, the Kansas Corn Growers Association and others
on June 28, 2004 concerning review procedures used for the 12th Report on
Carcinogens (RoC). NIH responded to the request on Feburary 16, 2005.
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NTP Vinyl Chloride.
The National Toxicology Program, NIH received a request on July 1, 2004 from
the American Chemistry Council concerning vinyl chloride information in the
11th and 12th Report on Carcinogens (RoC). NIH responded
to the request on January 18, 2005.
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NTP Atrazine.
The National Toxicology Program, NIH received a request from the Center for
Regulatory Effectiveness, the Kansas Corn Growers Association and others
on July 16, 2004 concerning information disseminated in a NTP Notice about
the possible listing of atrazine as a "known" or "reasonably anticipated"
human carcinogen in the 12th Report on Carcinogens (RoC). NIH
responded to the request on May 25, 2005. NIH received an appeal on June
24, 2005. NIH received a request for withdrawal of the appeal on December
16, 2005. On January 4, 2006, NIH agreed to the withdrawal.
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OPHS Healthfinder.
The Office of Public Health and Science (OPHS) received a request from a
citizen on July 16, 2004 concerning complementary and alternative medicine
links on the healthfinder web site. OPHS responded to the request on
December 12, 2004.
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OPHS Medical Marijuana.
HHS received a request from Americans for Safe Access, a medical marijuana
advocacy group on October 6, 2004. The request concerned information on the
continuation of marijuana control under Schedule I of the Controlled Substances
Act. The Office of Public Health and Science responded to the request on
April 20, 2005. HHS received an appeal on May 20, 2005. HHS responded to
the request on June 12, 2006.
On February 21, 2007, the Americans for Safe Access filed suit against HHS
and FDA (see e1). On July 24, 2007 the Northern District Court of California
dismissed the case. The opinion stated that there is no final agency action
amenable to review under the Administrative Practice Act (APA) and that the
HHS decision on a request for correction is not reviewable in federal court
( e.2). On August 17, 2007, the Americans for Safe Access filed an amended
complaint (e.3). On November 20, 2007, the court granted the government's
motion to dismiss. On December 20, 2007, ASA filed another appeal. On October
14, 2010, the Ninth Circuit Court of Appeals dismissed the appeal.
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NTPAnthraquinone Study
The National Toxicology Program, NIH received a request from Airepel Humane
Bird Management (a pest control business) on Jan 21, 2005. The request concerns
a NTP study (TR 494) on Anthraquinone. NIH responded to the request on April
21, 2005.
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FDA OMEGA Letter
FDA Received a request from OMEGA Laboratories about the removal of a letter
from the FDA web site on May 23, 2005. HHS responded to the request on January
18, 2007
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CDC/ATSDR Illinois Beach Park Assessment
The Agency for Toxic Substances and Disease Registry received a request on
July 26, 2005 from a private citizen concerning the Illinois Beach Park Public
Health Assessment. ATSDR responded to the request on December 6, 2005. ATSDR/CDC
received an appeal on December 23, 2005. ATSDR responded to the appeal on
July 20, 2006.
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ACF Grantee Abstinence Curricula
The Administration for Children and Families received a request on September
13, 2005 from Advocates for Youth and the Sexuality Information and Education
Council of the United States about ACF grantee abstinence curricula. ACF
responded to the request on January 23, 2006.
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CDC/ATSDR Mixtures Guidance
The Agency for Toxic Substances and Disease Registry (ATSDR) received a request
on December 5, 2005 from the Center for Regulatory Effectiveness, the Kansas
Corn Growers Association, and the Triazine Network concerning the draft Mixtures
Guidance. ATSDR responded on September 12, 2006.
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SAMHSA Smokeless Tobacco Risks.
The Substance Abuse and Mental Health Administration (SAMHSA) received a
request from the National Legal and Policy Center on December 22, 2005 concerning
the dissemination of information on smokeless tobacco. SAMHSA responded to
the request on May 10, 2006.
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NIH Smokeless Tobacco Ingredients
The National Institute of Dental and Craniofacial Research, NIH received
a request from Swedish Match on April 3, 2006, concerning the dissemination
of information on smokeless tobacco. NIH responded on September 5, 2006.
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NTP Technical Report 494 (Anthraquinone)
The National Toxicology Program, NIH received a request on June 6, 2006 from
the Chemical Products Corporation concerning NTP Technical Report 494. NTP
responded to the request on December 22, 2006. On January 5, 2007, HHS received
an appeal. HHS responded to the request on September 22, 2008.
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FDA Wound Therapy
FDA received a request. on May 23, 2006 from BlueSky Medical Group, Inc.
concerning wound closure. FDA responded on July 31, 2006.
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SAMHSA Smokeless Tobacco
SAMHSA received a request from the National Legal and Policy Center on June
16, 2006 concerning information on smokeless tobacco. SAMHSA responded to
the request on July 21, 2006.
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FDA Allergens Threshold Report
FDA received a request from a private citizen on August 2, 2006 concerning
information on approaches to establishing thresholds for allergens in food.
FDA responded to the request on December 15, 2006. On January 17, 2007 FDA
received an appeal. FDA responded to the request on July 31, 2007.
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FDA Genasense
FDA received a request from Genta Incorporated on May 17, 2007 concerning
FDAs presentation on Genasense to the Oncologic Drug Advisory Committee.
FDA responded to the request on February, 2008.
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CDC Measles Vaccine
CDC received a request on May 5, 2008 from the International Hyperbaric Medical
Association concerning CDC information on measles vaccinations. CDC responded
to the request on October 22, 2008.
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CDC Influenza Deaths
CDC received a request on October 21, 2008 from the International Hyperbaric
Medical Association concerning CDC information on influenza deaths. CDC responded
to the request on March 30, 2009.
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CDC/ATSDR Formaldehyde
Levels
ATSDR received a request on September 8, 2009 from the Formaldehyde Council
concerning the Final Report on Formaldehyde Levels in FEMA-Supplied
Travel Trailers, Park Models, and Mobile Homes. ATSDR responded to
the request on December 17, 2010. (Note: At the request of the Formaldehyde
Council, the contact person for the response has changed.)
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NTP Styrene Background Document
The National Toxicology Program, NIH received a request on October 26, 2009
from the Styrene Information and Research Center concerning the Report on
Carcinogens Background Document for Styrene. NTP responded to the request
on December 23, 2010. NTP received an appeal on February 11, 2011. NTP responded
to the appeal on June 8, 2011.
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FDA Menthol Cigarette Presentations
The FDA received a request on September 20, 2010, from the Center for Regulatory
Effectiveness concerning presentations made about the impact of menthol
cigarettes at an Advisory Committee meeting. FDA responded to the request
on May 11, 2011.
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CDC/ATSDR Toxicological Profile for Styrene
ATSDR received a request on February 13, 2011 from the Styrene Information
and Research Center concerning the ATSDR Toxicological Profile for Styrene.
ATSDR responded on December 9, 2011.
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FDA Menthol Cigarette Background Paper
The FDA received a request on March 17, 2011 from the Lorillard Tobacco Company
concerning a background paper about menthol cigarettes distributed to an
advisory committee. FDA responded to the request on December 2, 2011. FDA
received an appeal on January 4, 2012.*
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NIH Cigar Smoking
The National Cancer Institute, NIH, received a request on June 2, 2011 from
the International Premium Cigar and Pipe Retailers Association concerning
a Fact Sheet on Cigar Smoking and Cancer. NCI responded to the request on
February 24, 2012.
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CDC/ATSDR Chesapeake Well Site Health
Consultation
ATSDR received a request on January 23, 2012 from the Chesapeake Energy
Corporation concerning the report on the Chesapeake Well Site Health
Consultation.*
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NIH Gonzalez Regiment Trial
NIH received a request on March 9, 2012 from Capitol Strategy Consultants,
Inc. concerning information that NIH disseminates about the Gonzalez Regiment
Pancreatic Cancer Trial. NIH responded to the request on July 24, 2012.
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FDA Defibrillator Training Link
FDA received a request on
January 2, 2013 from the Health & Safety Institute concerning information that FDA disseminates
about a link to defibrillator training courses.*
* Currently active
Last Updated: 01/25/13