A filmmaker's relentless pursuit of transparency in the pet food industry has led to a legal showdown with a federal agency. On June 18, 2024, Kohl Harrington filed a complaint against the Food and Drug Administration (FDA) in the United States District Court for the Middle District of Louisiana, alleging non-compliance with multiple Freedom of Information Act (FOIA) requests.
Kohl Harrington, an independent documentary filmmaker and law student, has been investigating the pet food industry since his 2016 film "Pet Fooled." His follow-up investigative work uncovered what he believes are questionable regulatory practices by the FDA's Center for Veterinary Medicine (CVM). Harrington claims that CVM regulates based on compliance policy opinions rather than final agency actions, making it difficult for regulated parties to challenge these decisions in court. He also investigated the American Association of Feed Control Officials (AAFCO), which he alleges creates regulations in private.
Harrington's quest for information led him to file several FOIA requests between February and April 2024. These requests sought various records, including inspection reports and calendar records of FDA officials involved in regulating pet food companies. Despite acknowledging receipt of these requests and assigning control numbers, the FDA has not produced any responsive records as of the date of this filing. For instance, a request submitted on February 29, 2024, for inspection reports related to Lystn LLC was acknowledged but remains unfulfilled. Similarly, requests for calendar records of FDA officials Sean Duke and William Flynn have seen no compliance from the FDA.
The complaint details multiple instances where Harrington requested estimated completion dates for his FOIA requests only to receive extended timelines or no response at all. For example, on March 29, 2024, Harrington was informed that his request for Lystn LLC inspection reports was number 145 in the queue with an estimated processing time frame of six to eight months. Another request for adverse event reports related to pet food from March 5, 2024, was given an estimated completion time frame of eight to twelve months.
Harrington argues that these delays violate FOIA requirements and impede his ability to complete his investigative work. He is seeking a court declaration that the FDA has violated FOIA and an order compelling the agency to conduct reasonable searches for records and produce them promptly. Additionally, Harrington seeks attorneys' fees and costs associated with bringing this action.
Representing himself pro se, Kohl Harrington has brought this case before Judge Brian A. Jackson under Case ID: 3:24-cv-00497-BAJ-EWD.