From: BULLELKMAN@aol.com Sent: Thursday, July 29, 2004 12:54 AM To: FDADockets@oc.fda.gov; brownchas@erols.com Cc: sandyduffy@comcast.net; FreKoss@aol.com Subject: Docket Number #03N-0169 Dear FDA, Please post this e-mail to Docket Number # 03N-0169. It is imperative that this important information becomes part of public record on mercury dental fillings. By recording this e-mail to Docket Number #03N-0169, it becomes information that will be available to the "public" to include the American public, elected officials and the media because of Freedom of Information Act. It is critical that the "public" has access to this information. Thank you, Mary Ann Newell Manager of the Files for Consumers for Dental Choice ************************************************************************ Director Elias A. Zerhouni, M.D. fax #:301.496-8276 NIDCR Director Lawrence A Tabak, D.D.S., Ph.D. fax #:301.402-2185 General Counsel for DHHS Alex M. Azar 202.690-7998 Consumers for Dental Choice 1725 K St., N.W., Suite 511 Washington, DC 20006 Ph. 202.822-6307; fax 822-6309 www.toxicteeth.org June 17, 2003 Elias A. Zerhouni, M.D., Director National Institutes of Health fax 301.496-8276 Lawrence A Tabak, D.D.S., Director NIDCR fax 301.402-2185 Alex M. Azar, General Counsel Department of Health and Human Services fax 202.690-7998 Dear Director Zerhouni, Director Tabak, and General Counsel Azar: NIDCR is embarking on a secretive effort to circumvent federal bidding laws by handpicking the consultant to review the science on mercury fillings. For many years, NIDCR has advocated the position of the American Dental Association -- that mercury fillings are safe -- without supportive peer-reviewed research. NIDCR repeatedly spends taxpayers’ money with favored contractors who do not publish the results, an indication that NIDCR chooses to waste money or that it doesn’t like the results. This consulting contract repeats this pattern, but perhaps on the wrong side of the law. Dr. Norman Braveman, assistant to Dr. Tabak, sought out an existing contractor doing unrelated work, added a task to that consultant’s contract which would be unable to be performed, thus requiring the contractor to hire a subcontractor. Thus, Dr. Braveman has been able to handpick a consultant without using federal bidding laws – a consultant, I might add, whose roster is full of corporate clients with business before FDA. Certainly, NIH and DHHS should inquire whether Dr. Tabak has been aware of this legerdemain. We would ask you to block, or retract, this subcontract. Enclosed are my letters to Dr. Braveman and Ms. Blevins (the contract officer), and to the United States Attorney for the District of Maryland. Sincerely, Charles G. Brown Enclosures