Dear Supporters,

Below is a copy of the letter that I sent to the US DOJ on June 2, 2024.

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Dear Merrick Garland, Attorney General, US DOJ,

On May 24, 2024, the US Food and Drug Administration issued a decision that the FDA will not regulate LED lighting products and that the FDA will not collaborate with other federal agencies to set LED health, safety, or civil rights standards, in violation of 21 U.S.C. 360ii.  This unconstitutional decision shifts the burden of protecting the public and individuals with disabilities from the hazards and discriminatory impacts of LED lights onto state and local governments, puts businesses at risk of discrimination and product liability lawsuits, and leaves American citizens with no protection whatsoever from LED visible radiation.

The Technical Electronic Product Radiation Safety Standards Committee is mandated by 21 U.S.C. 360kk(f)(1), and must consist of 15 members. (https://www.fda.gov/advisory-committees/technical-electronic-product-radiation-safety-standards-committee/roster-technical-electronic-product-radiation-safety-standards-committee There are currently only 4 members and the last time the TEPRSSC met was in 2016, eight years ago.  The May 24, 2024 decision by the FDA to not regulate LED products occurred without any input from members of the TEPRSSC and was based on a single third-party agency whose qualifications and industry connections are unknown.  This is utter lawlessness by the FDA.

Due to the FDA's illegal behavior and failure to protect the health, safety, and civil rights of the public, I filed a Pro Se lawsuit against the FDA in January, 2024. (http://www.softlights.org/wp-content/uploads/2024/01/Mark-Baker-vs.-FDA_filed.pdf).  As required by statute, the US DOJ assigned a lawyer to defend Jeffrey Shuren, Robert Califf, and Xavier Becerra of the US Department of Health and Human Services and the FDA.  However, while the DOJ is providing a free lawyer to protect the criminal behavior of HHS and FDA employees, the DOJ has not provided any similar lawyer to protect the civil rights of American citizens from exposure to LED light.  This is unfair and unjust.

I respectfully ask that Attorney General Merrick Garland assign a US DOJ lawyer to the side of the public and that the US DOJ enjoin on the Plaintiff side of my lawsuit against the FDA to defend the health, safety, and civil rights of all Americans, including those with disabilities.
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Sincerely,

Mark Baker
President
Soft Lights Foundation
www.softlights.org
mbaker@softlights.org