Press Release

Consumer Groups Document $45 Million Deception to Confuse Voters about Prop 37; US DOJ Refers Complaint to FDA about Alleged Fraudulent Use of Seal

For Immediate Release: November 2, 2012

Leading consumer groups today 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 to reporters at a press conference that an agent from the FBI Sacramento field office contacted Yes on Proposition 37 legal representative Joe Sandler yesterday 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.

See copy of complaint to Department of Justice here and alleged fraudulent No on 37 campaign mailer here

The US Attorney’s Office spoke with Sandler today 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 today 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."

Deceptions include:

See documented deceptions here:

Contact: Stacy Malkan, Yes on 37 Campaign; 510-848-5701
Joseph E. Sandler; Sandler, Reiff, Young & Lamb, P.C.;  202-479-1111
Alex Formuzis, Environmental Working Group; 202-298-4258 

Paid for by Yes on 37 For Your Right to Know if Your Food Has Been Genetically Engineered  Supported by Consumer Advocates Makers of Organic Products and California Farmers, Major funding by Mercola Health Resources LLC and Organic Consumers Fund. 5940 College Ave, Suite F , Oakland, CA 94618, United States

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