Leading consumer groups revealed a long list of documented deceptions by the No on 37 Campaign, including blatantly misrepresenting the positions of leading science, professional, academic organizations and government agencies. They also explained that an agent from the FBI Sacramento field office contacted Yes on Proposition 37 legal representative Joe Sandler to follow up on a formal complaint about the potentially criminal use of the FDA's name, official seal and authority by opponents of Prop 37.
The US Attorney's Office spoke with Sandler and indicated they have not yet made any determination to open a formal criminal investigation beyond a decision to refer the matter to FDA. The Attorney's Office put out a statement saying the office does not have a "pending" investigation.
"We were informed they felt they needed to issue the statement in order to avoid appearing to take sides in a political campaign," Sandler said. Press reports indicate that the FDA is neither confirming nor denying the existence of their own investigation.
"As our complaint to the Department of Justice documents, the No on 37 campaign clearly misrepresented the FDA's position and used the FDA logo in campaign propaganda, and an FBI agent called our attorney to say they are looking into it," said Stacy Malkan, spokesperson for the Yes on 37 campaign.
"This is serious enough and goes well beyond the regular dirty tricks that it appears to be a criminal violation, and that's why we filed the complaint," Malkan said. "But this is just one of a long line of documented deceptions of a $45 million campaign of deception that is being waged on California voters."
- Making demonstrably false statements in the official California Voter Guide, misrepresenting the World Health Organization, National Academy of Sciences, and the Academy of Nutrition and Dietetics.
- Fabricating quote from US Food and Drug Administration about Prop 37, attaching FDA's logo and mailing it to voters. FDA confirmed to KPBS on Oct. 19 that they "never made such statements with respect to Prop 37."
- Misrepresenting Stanford University, repeatedly, as well as many other groups.
See documented deceptions at carighttoknow.org/documented_deceptions.