Beruflich Dokumente
Kultur Dokumente
19, 2015
Secretary
Tom
Vilsack
United
States
Department
of
Agriculture
1400
Independence
Avenue,
SW
Washington,
DC
20250
Dear
Secretary
Vilsack:
It
has
come
to
my
attention
that
the
American
Egg
Board
may
have
engaged
in
anti-competitive
practices
and
violated
federal
law
by
directing
a
coordinated
campaign
to
reduce
marketplace
demand
for
Just
Mayo,
a
popular
vegan
mayonnaise
alternative
produced
by
Hampton
Creek,
a
Silicon
Valley
based
food
company.
As
you
know,
the
American
Egg
Board
(AEB)
is
an
administrative
body
appointed
by
the
U.S.
Department
of
Agriculture
(USDA)
to
oversee
the
national
egg
checkoff
program,
which
imposes
a
tax
on
egg
producers
in
order
to
fund
research
and
promotional
activities
designed
to
increase
demand
for
eggs
and
egg
products.
According
to
their
website,
the
AEBs
mission
is
to
increase
demand
for
eggs
and
egg
products
through
research,
education
and
promotion.
But
in
carrying
out
this
mission,
the
AEB
is
obligated
to
abide
by
certain
statutory
rules
and
regulatory
guidelines.
For
example,
the
law
that
established
the
Egg
Board
prohibits
the
use
of
funds
for
political
purposes.
The
relevant
section
of
the
authorizing
law
states:
no
funds
collected
by
the
Egg
Board
under
the
order
shall
in
any
manner
be
used
for
the
purpose
of
influencing
governmental
policy
or
action.
Similarly,
the
USDAs
Agricultural
Marketing
Service,
which
conducts
oversight
of
commodity
checkoff
programs,
issues
guidelines
that
forbid
any
advertising
considered
disparaging
or
those
that
depict
other
commodities
in
a
negative
or
unpleasant
light
via
either
overt
or
subjective
video,
photography,
or
statements.
But
recent
news
reports1
have
brought
to
light
a
series
of
emails,
obtained
under
the
Freedom
of
Information
Act,
that
contain
compelling
evidence
that
AEB
1
http://www.bizjournals.com/sanfrancisco/blog/2015/09/hampton-creek-just-
mayo-fda-eggs-unilever-lawsuit.html;
http://www.eatdrinkpolitics.com/2015/09/02/hampton-creek-targeted-by-usda-
controlled-egg-industry-program/
leadership,
including
the
Egg
Boards
President
and
CEO,
may
have
violated
the
federal
laws
and
administrative
regulations
governing
checkoff
programs.
The
600
pages
of
correspondence
suggest
that
members
of
the
AEB
staff,
USDA
officials,
and
top
executives
from
the
egg
industry
engaged
in
a
strategic,
multifaceted
campaign
to
use
the
power
and
resources
of
the
federal
government
to
undermine
the
economic
prospects
of
Hampton
Creek,
based
on
their
fear
that
the
food
start-ups
product,
Just
Mayo,
represented
a
crisis
and
a
major
threat
to
the
egg
industry.
I
am
writing
to
request
a
thorough
investigation
into
all
activities
and
correspondence
of
the
American
Egg
Board
related
to
Hampton
Creek.
Will
the
USDA
thoroughly
investigate
whether
the
American
Egg
Boards
appointed
board
members
and
alternates
abused
their
position
as
members
of
the
board
and
government
appointees?
Will
the
USDA
thoroughly
investigate
the
role
that
Joanne
Ivy,
President
&
CEO
at
the
American
Egg
Board,
played
in
coordinating
efforts
to
undermine
Just
Mayo?
Who
among
the
members
of
the
board
were
involved
in
the
conspiracy
to
pressure
Whole
Foods
into
removing
Just
Mayo
from
its
shelves?
Was
Roger
Glasshoff,
the
National
Supervisor
for
Shell
Eggs
at
the
USDA-
Agriculture
Marketing
Service,
appropriately
acting
within
the
scope
of
his
duties
and
the
USDAs
ethical
standards
when
he
advised
the
American
Egg
Board
to
contact
the
FDA
with
respect
to
their
complaints
about
Just
Mayo?
Is
it
illegal
for
the
American
Egg
Board
to
petition
a
federal
agency
either
directly
or
through
an
agent
to
protect
its
members
market
interests?
Have
any
of
the
American
Egg
Boards
marketing
efforts
been
found
to
be
disparaging
to
Hampton
Creek
or
Just
Mayo?
What
is
the
penalty
when
a
checkoff
program
is
found
to
be
violating
the
advertising
standards
that
the
USDA
has
established?
Did
the
American
Egg
Board
violate
the
provisions
of
7
U.S.C.
Section
2707
in
petitioning
the
FDA
to
look
into
whether
Hampton
Creek
was
in
compliance
with
the
FDAs
labeling
policy?
I
appreciate
your
prompt
and
complete
response
to
these
questions.
But
regardless
of
what
we
may
learn
from
an
investigation
into
the
American
Egg
Boards
potential
targeting
of
Hampton
Creek,
the
recently
released
emails
raise
important
questions
about
the
legitimacy
and
the
fairness
of
agricultural
commodity
checkoff
programs
generally.
These
checkoff
programs
first
began
under
the
Agricultural
Marketing
Agreement
Act
of
1937,
which
Congress
passed
in
response
to
the
dire
economic
conditions
and
plummeting
crop
prices
of
the
Great
Depression.
But
today,
with
an
economy
and
a
farming
industry
that
have
changed
and
improved
substantially
since
the
1930s,
are
these
programs
still
necessary?