Nonagenarian Researcher Sues FDA for Failing to Ban Artificial Trans Fats

Four years after filing a citizen petition with the U.S. Food and Drug Administration (FDA) seeking a prohibition on the use of partially hydrogenated oils containing artificial trans fat in food for human consumption, 98-year-old University of Illinois Emeritus Professor of Comparative Biosciences Fred Kummerow has filed a lawsuit seeking an order compelling an agency response to his petition and a declaration that its failure to ban trans fats violates the Food, Drug, and Cosmetic Act. Kummerow v. Hamburg, No. 13-2180 (C.D. Ill.,  filed August 9, 2013). The complaint details the history of the ingredient’s invention and research, including the plaintiff’s own, demonstrating its “harmful effects,” including inhibition of an enzyme necessary to prevent blood clots in the arteries and veins. The plaintiff also distinguishes between artificial and natural trans fats, noting that he does not seek a ban on the latter.

According to the complaint, Kummerow learned in 2004 that his left coronary
artery was 75 percent blocked and that he subsequently underwent coronary
bypass surgery. He attributes the blockage to artificial trans fat and claims
that a ban on partially hydrogenated oils “would help prevent these sorts
of dangerous medical conditions.” The complaint also alleges that artificial
trans fat causes cardiovascular disease; type 2 diabetes; breast, prostate and
colorectal cancer; Alzheimer’s Disease and cognitive decline; and damage to
vital organs. Alleging agency action unlawfully withheld and unreasonably
delayed and action that is arbitrary, capricious and an abuse of discretion,
the plaintiff seeks declaratory and injunctive relief, including a court-ordered
deadline for action on his petition, attorney’s fees and costs.