Dear Supporters,

Here is the monthly news update for September 2, 2024.

September 2, 2024 – The Soft Lights Foundation submitted the following monthly reports to the FDA: FuckYourHeadlights Photos and Videos, Ban Blinding Headlights Petition Comments, LED Incident Reports.

August 21, 2024 – FDA CDRH Director Jeffrey Shuren has announced his retirement. Michelle Tarver has taken the role of Acting Director as of July, 2024. The Soft Lights Foundation submitted the following letter.

Dear Michelle Tarver, Acting Director, FDA CDRH,

I have copied Congressman Mike Thompson’s office, and DOJ attorney Scott Kennedy in this email.

It has come to my attention that Jeffrey Shuren has announced his retirement and that you have taken the role of Acting Director at the CDRH.  In the announcements that I read, there is no mention of the CDRH’s willful decision to not enact radiation control programs for electronic products that emit radio frequency radiation such as cell towers, cell phones, WiFi routers, and smart meters, or radiation control programs for electronic products that use Light Emitting Diodes to emit Visible Light radiation such as LED vehicle headlights, LED streetlights, LED lamps, and LED flashing lights on emergency vehicles.  This decision not to enact radiation control programs is a violation of 21 U.S.C. 360ii.

Because of Mr. Shuren’s decision not to comply with the law, I filed a lawsuit against Mr. Shuren and the FDA on January 22, 2024.  This is a significant lawsuit that you need to be aware of.  The first hearing is scheduled for September 19, 2024 in the Eastern District of California.  I am requesting that the FDA comply with 21 U.S.C. 360ii(a) and enact a radiation control program for LED products.

Another action that Mr. Shuren took was to dissolve the Technical Electronic Product Radiation Safety Standards Committee, in violation of 21 U.S.C. 360kk.  TEPRSSC is critical for providing expert advice to the FDA on the impacts of RF and LED Visible Light radiation and must be reconstituted immediately.

My request is that you assert your independence from Mr. Shuren and show your concern for public health and safety and take the following immediate actions.  First, publicly announce that TEPRSSC is being reformed and announce the first meeting date.  Second, direct the US DOJ to drop its defense of the FDA against my lawsuit.  My lawsuit is only asking that the FDA comply with existing law and the FDA should not be fighting this lawsuit.  Third, publicly announce that the FDA will implement radiation control programs for RF and LED products, as required by 21 U.S.C. 360ii.

August 18, 2024 – The Soft Lights Foundation submitted a Notice of Private Enforcement to Davis, California and other cities for using LED flashing lights on vehicles in violation of California Vehicle Code Section 25250 and the Americans with Disabilities Act.

August 18, 2024 – The Soft Lights Foundation notified PG&E that LED flashing lights on company vehicles are prohibited by California Vehicle Code Section 25250, the ADA, and Unruh Civil Rights Act, and therefore the LED flashing lights on company vehicles must be turned off and/or removed.

August 14, 2024 – In the case Baker v. Petrovich involving LEDs creating a discriminatory barrier, the Court ruled that the case can continue, stating, “Petrovich’s demurrer to the first cause of action [The Americans with Disabilities Act] in plaintiff’s complaint is OVERRULED. (Code Civ. Proc., § 430.010, subd. (e).) The Court finds that plaintiff has alleged facts sufficient to state this cause of action. (42 USC 12181, subd.
(7)(E); 28 CFR 36.101, 36.402; Martinez v. San Diego County Credit Union (2020) 50 Cal.App.5th 1048, 1060; see Serrano v. Priest (1971) 5 Cal.3d 584, 591; Compl., ¶¶ 2, 12, 15, 16, 30 – 33, 35 – 37.)”

August 9, 2024 – The Soft Lights Foundation submitted a regulatory petition to the California Department of Motor Vehicles to prohibit the use of supplemental LED flashing lights on motor vehicles. Update: 8-14-2024: The DMV rejected the petition. A similar petition was submitted to the California Highway Patrol.

August 5, 2024 – In response to Mark Baker’s lawsuit against the FDA for failing to establish a radiation control program for LED products, the FDA/DOJ responded on July 29, 2024 with a Motion to Dismiss. On August 5, 2024, Mark Baker filed a Response to Motion to Dismiss, and requested summary judgment.

Sincerely,

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