FOI lawsuits on origins of Covid-19, gain-of-function research and biolabs

Posted on April 26, 2022 by Gary Ruskin

U.S. Right to Know, a nonprofit investigative public health group, has filed four lawsuits against federal agencies for violating provisions of the Freedom of Information Act (FOIA). The lawsuits are part of our efforts to uncover what is known about the origins of novel coronavirus SARS-CoV-2, leaks or mishaps at biosafety labs, and the risks of gain-of-function research that seeks to augment the infectivity or lethality of potential pandemic pathogens.

We have filed more than 90 state, federal, and international public records requests seeking information about the origins of SARS-CoV-2, and the risks of biosafety labs and gain-of-function research.

FOI lawsuits filed

(1) U.S. Department of State. On April 25, 2022, USRTK filed a lawsuit against the U.S. Department of State for violating provisions of FOIA. The lawsuit, filed in U.S. District Court for the District of Columbia, seeks documents and correspondence of State employees, including C.S. Eliot Kang, Ann Ganzer, David Feith, Bruce Turner, Robert Wood and Laura Gross, related to a State Dept. investigation of the origins of Covid-19, EcoHealth Alliance, gain-of-function research, dual use research of concern, the Global Virome Project, and other matters. Case 1:22-cv-01130-JMC.

(2) University of North Carolina at Chapel Hill. On April 18, 2022, USRTK filed a lawsuit against the University of North Carolina at Chapel Hill for violating the provisions of the North Carolina Public Records Act. The lawsuit, filed in North Carolina District Court in Orange County, seeks records for seven public records requests to the University of North Carolina, including: (1) emails between Prof. Ralph Baric, former Prof. Lishan Su or Ms. Toni Baric with the Wuhan Institute of Virology or the Wuhan Center for Disease Control and Prevention or the EcoHealth Alliance, or others; (2) emails to or from Prof. Ralph Baric containing any of the search terms “DEFUSE” or “DARPA” or “DTRA”. Case 22CV463.

(3) Defense Threat Reduction Agency. On January 14, 2022, USRTK filed a lawsuit against the DTRA for violating provisions of the FOIA. The lawsuit, filed in U.S. District Court for the Northern District of California, seeks: (1) finished intelligence, documents and reports about accidents, containment failures or deliberate release of biological agents from facilities in 21 countries around the world; (2) assessments of risks, hazards and efficacy of BSL-2, BSL-3 and BSL-4 containment schemes (including flaws, failings or weaknesses) in those same 21 countries; and, (3) grant proposals and other documents from the EcoHealth Alliance and Metabiota. Case 3:22-cv-00299-JCS.

(4) National Institutes of Health. On November 8, 2021, USRTK filed a lawsuit against the NIH for violating provisions of the FOIA. The lawsuit (amended complaint filed 2/10/22), filed in U.S. District Court in Washington, DC, seeks records for nine FOIA requests to NIH regarding the origins of SARS-CoV-2, and communications between the NIH and EcoHealth Alliance or the Wuhan Institute of Virology. The records requests also included EcoHealth Alliance grant applications, scientific reviews, funding agreements, and correspondence with Dr. Erik Stemmy, NIAID (NIH) project officer, as well as documents regarding NIH’s Rocky Mountain Laboratories (RML), the DARPA-funded Preventing Emerging Pathogenic Threats (PREEMPT) Program, and communication between the NIH and the World Health Organization (WHO) concerning the origins of COVID-19. This is our second FOIA lawsuit against NIH related to the origins of COVID-19. Case 1:21-cv-02936-TSC.

(5) U.S. Agency for International Development (USAID): On October 14, 2021, USRTK filed a lawsuit against USAID for violating provisions of the FOIA. The lawsuit, filed in U.S. District Court for the Northern District of California, seeks records related to USAID funding and oversight of EcoHealth Alliance (EHA), which was a lead consortium partner in USAID-funded projects in the Emerging Pandemic Threats (EPT) program. Initiated in 2009, USAID’s EPT PREDICT programs funded collaborations between EHA and researchers at University of California, Davis; Wuhan Institute of Virology; Metabiota, Inc.; and others, to study the pandemic potential of infectious diseases including bat-associated coronaviruses. Case 3:21-cv-08058-SK.

(6) U.S. Department of Health and Human Services (HHS): On October 14, 2021, USRTK filed a lawsuit against HHS for violating provisions of the FOIA. The lawsuit, filed in U.S. District Court for the Northern District of California, seeks correspondence between senior HHS employees, including Robert Kadlec, assistant secretary for preparedness and response, with the World Health Organization’s director general’s office, and others, related to the SARS-CoV-2 pandemic. Case 3:21-cv-08056-TSH.

(7) University of Maryland: On October 6, 2021, USRTK filed a lawsuit against the University of Maryland for violating provisions of the Maryland Public Information Act. The lawsuit, filed in Maryland Circuit Court for Prince George’s County, seeks correspondence and documents of Professor Rita R. Colwell, Distinguished University Professor at the University of Maryland at College Park, relevant to the origins of the ongoing COVID-19 pandemic. Colwell serves on the board of directors of the EcoHealth Alliance, which funded and conducted research with bat coronaviruses closely related to SARS-CoV-2 in collaboration with the Wuhan Institute of Virology and others. Case CAL21-11730.

(8) U.S. Food and Drug Administration: On Feb. 4, 2021, USRTK filed a lawsuit against the U.S. Food and Drug Administration (FDA) for violating provisions of FOIA. The lawsuit, filed in U.S. District Court for the Northern District of California, seeks documents and correspondence with or about China’s Wuhan Institute of Virology, the Wuhan Center for Disease Control and Prevention, and the EcoHealth Alliance, which partnered with and funded the Wuhan Institute of Virology, among other subjects. Case 21-cv-00884-KAW.

(9) U.S. Department of Education: On Dec. 17, 2020 USRTK filed a lawsuit against the U.S. Department of Education for violating provisions of FOIA. The lawsuit, filed in U.S. District Court for the Northern District of California, seeks documents that the Education Department requested from the University of Texas’ Medical Branch at Galveston about its funding agreements and scientific and/or research cooperation with China’s Wuhan Institute of Virology. Case 3:20-cv-09117-DMR.

(10) U.S. Department of State: On Nov. 30, 2020 USRTK filed a lawsuit against the U.S. Department of State for violating provisions of FOIA. The lawsuit, filed in U.S. District Court for the Northern District of California, seeks documents and correspondence with or about China’s Wuhan Institute of Virology, the Wuhan Center for Disease Control and Prevention, and the EcoHealth Alliance, which partnered with and funded the Wuhan Institute of Virology, among other subjects. See news release. Case 3:20-cv-08415-JCS.

(11) National Institutes of Health: On Nov. 5, 2020 USRTK filed a lawsuit against National Institutes of Health (NIH) for violating provisions of FOIA. The lawsuit, filed in U.S. District Court in Washington, D.C., seeks correspondence with or about organizations such as the Wuhan Institute of Virology and the Wuhan Center for Disease Control and Prevention, as well as the EcoHealth Alliance, which partnered with and funded the Wuhan Institute of Virology. See news release. Case 1:20-cv-03196-CKK.

U.S. Right to Know is an investigative research group focused on promoting transparency for public health. For more information about FOI lawsuits we have filed to vindicate the public’s right to know, see our FOIA litigation page.

USRTK wins award for FOI work

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Posted on May 16, 2021 by Stacy Malkan

The Northern California Chapter of the Society for Professional Journalists honored U.S. Right to Know today with the James Madison Freedom of Information Awards in the nonprofit organization category. Congratulations to all the James Madison FOI award winners!

The awards recognize the “people and organizations of Northern California who have made significant contributions to advancing freedom of information and expression in the spirit of James Madison, the creative force behind the First Amendment.” The awards are presented each year on Madison’s birthday, March 16, Freedom of Information Day, during National Sunshine Week.

SPJ notes that U.S. Right to Know “filed public records requests with universities and government agencies to shed light on the influence of chemical company Monsanto in the regulatory and policy process around the country’s food system,” and that we “unearthed documents showing that Monsanto employees recruited public university professors to write policy briefs about genetically modified organisms (GMOs) to support the company’s public relations goals.”

Monsanto, concerned that our FOIA requests would uncover its influence in academic circles, “created a public relations campaign to discredit U.S. Right to Know,” the SPJ wrote. But we “exposed those efforts, too.”

You can read more here about Monsanto’s campaign against USRTK for exposing its public relations work with academics.

Dedicated to Tim Crews

photo courtesy of Associated Press

This year’s James Madison FOI awards, the 36^th annual from the Northern Chapter of the SPJ, are dedicated to Tim Crews, “the legendary editor and self-proclaimed ‘cranky country publisher’ of the Sacramento Valley Mirror,” SPJ said.

“Sporting his trademark suspenders and vigorous white beard, Crews constantly fired off public records requests to dig into the government of Willows, a town of 6,000 in the Central Valley. Crews’ mantra for the paper: ‘If we don’t report it, who will?’”

Crews was jailed for five days in 2000 for refusing to divulge anonymous sources, and he successfully overcame a shield law violation when the district attorney unlawfully subpoenaed his notes. He won a First Amendment victory in 2013, when the state Court of Appeal found he didn’t need to pay the legal fees of the school board he had sued for withholding records.

As Crews told the Poynter Institute, “If someone is messing with you, you have to fight back. It’s just the American way.” Crews died last November at age 77.

Top Findings of the U.S. Right To Know Investigations

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Posted on September 3, 2019 by Stacy Malkan

U.S. Right to Know, a nonprofit investigative group, has obtained hundreds of thousands of pages of documents revealing – for the first time – how food and pesticide corporations are working behind the scenes to undermine our nation’s scientific, academic, political and regulatory institutions. Many of these documents are now posted in the free, searchable industry document archives hosted by the University of California, San Francisco. See the USRTK Agrichemical Industry Collection and Food Industry Collection.

U.S. Right to Know provides documents free of charge to journalists, researchers, policymakers and the public around the world. Our work has contributed to two front-page New York Times investigations; six articles in the BMJ, one of the world’s leading medical journals, and many stories in other top news outlets and journals. Our own reporting has been published in the Guardian and Time magazine, among other outlets. See highlights below. For a fuller list of our investigative work and reporting about it, see our investigations page.

New York Times: Food Industry Enlisted Academics in G.M.O. Lobbying War, Emails Show, by Eric Lipton

New York Times: New C.D.C. Chief Saw Coca-Cola as Ally in Obesity Fight, by Sheila Kaplan

New York Times: A Shadowy Industry Group Shapes Food Policy Around the World, by Andrew Jacobs

New York Times: Scientists, Give Up Your Emails, by Paul Thacker

New York Times: Traces of Controversial Herbicide Are Found in Ben & Jerry’s Ice Cream, by Stephanie Strom

Washington Post: Coca-Cola emails reveal how soda industry tries to influence health officials, by Paige Winfield Cunningham

BMJ: Coca-Cola and obesity: study shows efforts to influence US Centers for Disease Control, by Gareth Iocabucci

BMJ: International Life Sciences Institute is Advocate for Food and Drink Industry, Say Researchers

BMJ: Coca-Cola Contracts Could Allow it to “Quash” Unfavourable Research, by Elisabeth Mahase

BMJ: Coca-Cola’s Influence on Medical and Science Journalists, by Paul Thacker

BMJ: Conflicts of interest compromise US public health agency’s mission, say scientists, by Jeanne Lenzer

BMJ: US public health agency sued over failure to release emails from Coca-Cola, by Martha Rosenberg

TIME: FDA to Start Testing for Chemicals in Food, by Carey Gillam

TIME: I Won a Historic Lawsuit, But May Not Live to See the Money, by Carey Gillam

Island Press: Whitewash: The Story of a Weed Killer, Cancer and the Corruption of Science, by Carey Gillam

Boston Globe: Harvard Professor Failed to Disclose Monsanto Connection in Paper Touting GMOs, by Laura Krantz

The Guardian: Revealed: how Monsanto’s ‘intelligence center’ targeted journalists and activists

The Guardian: Science Institute That Advised EU and UN ‘Actually Industry Lobby Group’, by Arthur Neslen

The Guardian: How Monsanto Manipulates Journalists and Academics, by Carey Gillam

The Guardian: The EPA Is Meant to Protect Us. The Monsanto Trials Suggest It Isn’t Doing That, by Nathan Donley and Carey Gillam

The Guardian: Who Is Paying for Monsanto’s Crimes? We Are. By Carey Gillam.

The Guardian: Weedkiller ‘Raises Risk of Non-Hodgkin Lymphoma by 41%’, by Carey Gillam

The Guardian: ‘The World Is Against Them’: New Era of Cancer Lawsuits Threaten Monsanto, by Carey Gillam

The Guardian: One Man’s Suffering Exposed Monsanto’s Secrets to the World, by Carey Gillam

The Guardian: Landmark Lawsuit Claims Monsanto Hid Cancer Danger of Weedkiller for Decades, by Carey Gillam

The Guardian: Weedkiller Products More Toxic Than Their Active Ingredients, by Carey Gillam

The Guardian: Weedkiller Found in Granola and Crackers, Internal FDA Emails Show, by Carey Gillam

The Guardian: Monsanto says its pesticides are safe. Now, a court wants to see the proof, by Carey Gillam

The Guardian: UN/WHO Panel in Conflict of Interest Row over Glyphosate Cancer Risk, by Arthur Neslen

The Guardian: Before you read another health study, check who’s funding the research, by Alison Moodie

Associated Press: Reports: Limit food industry sway on public health matters, by Candice Choi

Journal of Epidemiology and Community Health: Science organisations and Coca-Cola’s ‘war’ with the public health community: insights from an internal industry document, by Pepita Barlow, Paulo Serôdio, Gary Ruskin, Martin McKee and David Stuckler

Milbank Quarterly: Public Meets Private: Conversations Between Coca-Cola and the CDC. By Nason Maani Hessari, Gary Ruskin, Martin McKee and David Stuckler

Journal of Public Health Policy: “Always read the small print”: a case study of commercial research funding, disclosure and agreements with Coca-Cola, by Sarah Steele, Gary Ruskin, Martin McKee and David Stuckler

Journal of Public Health Policy: Roundup litigation discovery documents: implications for public health and journal ethics, by Sheldon Krimsky and Carey Gillam

Journal of Public Health Policy: Case-study of emails exchanged between Coca-Cola and the principal investigators of the ISCOLE, by David Stuckler, Gary Ruskin and Martin McKee

Globalization and Health: Are Industry-Funded Charities Promoting “Advocacy-Led Studies” or “Evidence-Based Science”? A Case Study of the International Life Sciences Institute. By Sarah Steele, Gary Ruskin, Lejla Sarjevic, Martin McKee and David Stuckler

Nature Biotechnology: Standing Up for Transparency, by Stacy Malkan

The Intercept: Trump’s New CDC Chief Championed Partnership with Coca-Cola to Solve Childhood Obesity, by Lee Fang

Los Angeles Times: In Science, Follow the Money If You Can, by Paul Thacker and Curt Furberg

San Francisco Chronicle: Major Brands Reverse Course on Genetically Modified Food Labels, by Tara Duggan

Undark: Corporate-Spun Science Should Not Be Guiding Policy, by Carey Gillam

WBEZ: Why Didn’t an Illinois Professor Have to Disclose GMO Funding?, by Monica Eng

Democracy Now: Documents Reveal Monsanto Surveilled Journalists, Activists & Even Musician Neil Young

San Diego Union Tribune: UCSD hires Coke-funded health researcher, by Morgan Cook

Bloomberg: Emails Show How Food Industry Uses ‘Science’ to Push Soda, by Deena Shanker

Bloomberg: How Monsanto Mobilized Academics to Pen Articles Supporting GMOs, by Jack Kaskey

CBC: University of Saskatchewan Prof Under Fire for Monsanto Ties, by Jason Warick

CBC: U of S Defends Prof’s Monsanto Ties, But Some Faculty Disagree, by Jason Warick

ABC Australia: Leaked Email Exchange Reveals Food Industry Tactics, byLexi Metherell

ABC Australia: The Monsanto Papers broadcast

Le Monde: Comment Coca-Cola a bafoué ses promesses de transparence dans les contrats de recherche, by Stéphane Horel

Le Monde: Monsanto Papers series, by Stéphane Foucart and Stéphane Horel

The Nation: Did Monsanto Ignore Evidence Linking its Weed Killer to Cancer? by Rene Ebersole

Mother Jones: These Emails Show Monsanto Leaning on Professors to Fight the GMO PR War, by Tom Philpott

Politico: Coca-Cola gained control over health research in return for funding, health journal says, by Jesse Chase-Lubitz

The Progressive: Flacking for GMOs: How the Biotech Industry Cultivates Positive Media — and Discourages Criticism, by Paul Thacker

Freedom of the Press Foundation: How corporations suppress disclosure of public records about themselves, by Camille Fassett

Global News: Documents Reveal Canadian Teenager Target of GMO Lobby, by Allison Vuchnich

Forbes: The Coca-Cola Network: Soda Giant Mines Connections with Officials and Scientists to Wield Influence, by Rob Waters

STAT: Study pulls back curtain on contracts between Coca-Cola and the researchers it funds, by Andrew Joseph

STAT: Disney, Fearing a Scandal, Tries to Press Journal to Withdraw Research Paper, by Sheila Kaplan

Environmental Health News: Coca cola war with public health science over obesity, by Gary Ruskin

Environmental Health News: Essay: Monsanto’s ghostwriting and strong-arming threaten sound science — and society, by Sheldon Krimsky

Salon: Two Congresswomen Want an Investigation into CDC’s Relationship with Coca-Cola, by Nicole Karlis

Critical Public Health: How food companies influence evidence and opinion – straight from the horse’s mouth, by Gary Sacks, Boyd Swinburn, Adrian Cameron and Gary Ruskin

TruthOut: Secret Documents Expose Monsanto’s War on Cancer Scientists

Huffington Post: articles by Carey Gillam

Huffington Post: articles by Stacy Malkan

Philadelphia Inquirer: Coca-Cola’s research contracts allowed for quashing negative health findings, study finds, by Mari A. Shaefer

Common Ground magazine: Are you ready for the new wave of genetically engineered foods?, by Stacy Malkan

EcoWatch: articles by U.S. Right to Know

Ralph Nader: Monsanto and its Promoters vs. Freedom of Information

Gizmodo: Coca-Cola Can Terminate Health Research It Funds, Investigation Finds, by Ed Cara

Inverse: University Records Reveal Coca-Cola’s Immense Power Over Health Research, by Peter Hess

USRTK: Tracking the agrichemical industry propaganda network

To receive updates on the US Right to Know investigation, you can sign up for our newsletter. And please consider making a donation to keep our investigation cooking.

Our Investigation of Big Food and its Front Groups

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Posted on September 5, 2015 by Gary Ruskin

Update: This blog has been updated to include a running list of news stories and commentary generated by our ongoing investigation.

U.S. Right to Know is conducting an investigation into the collusion between Big Food, its front groups, and university faculty and staff to deliver industry PR to the public. That investigation is ongoing. Thus far, it has been fruitful, as today’s New York Times article shows.

The Times article links to emails obtained via state Freedom of Information Act requests filed by U.S. Right to Know. These emails reveal how Monsanto and its partners use so-called “independent” third-party scientists and professors to deliver their PR messaging. Since the companies themselves are not credible messengers, they use these scientists and professors as sock-puppets to shape the media narrative on food issues, particularly GMOs.

This is a key part of Big Food’s PR strategy. The agrichemical and food industries are spending vast sums of money to convince the public that their food, crops, GMOs, additives and pesticides are safe, desirable and healthy.

U.S. Right to Know has filed state Freedom of Information Acts requests to try to obtain the emails and documents of 43 public university faculty and staff, to learn more about this public relations effort. Thus far, we have received documents in nine of these requests. So, most of the documents are likely still to come. Some may arrive next week, others may perhaps take a year or even more to arrive.

We have requested records from scientists, economists, law professors, extension specialists and communicators. All work in public institutions, funded by the taxpayers. We believe the public deserves to know more about the flow of money and level of coordination between public university scientists and other academics, and the agrichemical and food companies whose interests they promote.

We have a right to know what’s in our food, and how companies attempt to influence our views about it. Yet some find transparency so threatening that they equate consumer campaigns with vile dictatorships – as in a recent Facebook post that featured my picture alongside that of Stalin and Hitler. Others have compared our work to “terrorism” and us to “terrorists.”

Transparency – and investigative reporting about our food – is the core of what we do here are U.S. Right to Know.

We believe in the words of James Madison, who wrote: “A popular Government, without popular information, or the means of acquiring it, is but a Prologue to a Farce or a Tragedy; or, perhaps both. Knowledge will forever govern ignorance: And a people who mean to be their own Governors, must arm themselves with the power which knowledge gives.”

Finally, a brief word about University of Florida Professor Kevin Folta. The most important findings in today’s New York Times article are about the PR efforts of Monsanto and the agrichemical industry. But it is worth pointing out that Professor Folta repeatedly denied – falsely – having ties to Monsanto or having accepted funds from Monsanto. For example, Professor Folta has stated:

Professor Folta has also falsely claimed he never used the text written for him by the PR firm Ketchum.

At best, these statements by Professor Folta are misleading, and some of them are untruthful. Yet, as the emails released today reveal, Folta has been in close contact with Monsanto and the industry’s PR firm Ketchum, recently received a $25,000 unrestricted grant from Monsanto, and even wrote to a Monsanto executive, “I’m glad to sign on to whatever you like, or write whatever you like.” (Also see our Feb. 2015 letter to Professor Folta about our FOIA requests.)

Professor Folta aside, it is also important to note that our drive for transparency is not about one or a few people. This is about the extent to which corporations such as Monsanto and their front groups are using our public universities and the scientists and academics who work there as tools to promote their agendas and their profits.

See our investigations page for up-to-date details on our findings

News articles about our investigation

Commentary about freedom of information and disclosure

The Hill: How Freedom Falls: Broken FOIA Far From Healing as US Agencies Cheat Public

Los Angeles Times: In Science, Follow the Money – If You Can

New York Times: Scientists, Give Up Your Emails

Nature Biotechnology: Standing Up for Transparency

Ralph Nader: Monsanto and its Promoters vs. Freedom of Information

Further reading

Seedy Business: What Big Food Is Hiding With Its Slick PR Campaign on GMOs

An Open Letter to Professor Kevin Folta on FOIA Requests

Background on Ketchum, the PR firm that runs GMO Answers

GMO Answers is a Marketing and PR Website for GMO Companies

Spinning Food: How Food Industry Front Groups and Covert Communications Are Shaping the Story of Food

USRTK Short Report: Journalists Failed to Disclose Sources’ Funding From Monsanto

Background on Jon Entine: The Chemical Industry’s Master Messenger

U.S. Right to Know is a nonprofit organization that investigates the risks associated with the corporate food system, and the food industry’s practices and influence on public policy. We promote the free market principle of transparency – in the marketplace and in politics – as crucial to building a better, healthier food system.

FOI lawsuits filed

Dedicated to Tim Crews

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