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.
- 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.
- 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.
- 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.
- 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.)
- 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.
- 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.
- 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.
- 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)
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- NTP–Anthraquinone 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.
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- FDA — Genasense
FDA received a request from Genta Incorporated on May 17, 2007
concerning FDA’s presentation on Genasense to the Oncologic
Drug Advisory Committee. FDA responded to the request on February,
2008.
- 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.
- 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.
- 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.)
- 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.
- 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.
- 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.
- 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.*
- 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.*
- 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.*
* Currently active
Last Updated: 01/27/2012