Dear Supporters,

The FDA and NHTSA are still attempting to have my lawsuit against them dismissed.  The US government doesn't want to do their jobs and fix the LED headlight disaster.  Today I sent the following letter to the US DOJ attorney who is opposing my lawsuit.
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Dear Daniel Crane-Hirsch, Senior Trial Attorney, US DOJ,

As you know, the FDA has failed to comply with 21 U.S.C. 360ii for LED vehicle headlamps, has failed to establish and maintain a liaison with NHTSA to test and evaluate LED headlamps, and has failed to publish performance standards for LED headlamps.

In October, 2025, TRL published a report on the impacts of LED headlamps for the UK Department for Transport. (https://www.trl.co.uk/publications/glare-from-road-vehicle-lighting-on-uk-roads).  For the first time, a government-funded study measured the metric "luminance" for LED headlamps in real world driving conditions.

The US Food and Drug Administration is the ONLY agency mandated and authorized by the US Congress to establish and publish performance standards for electromagnetic radiation from electronic products, under 21 U.S.C. 360ii.  The FDA has a non-discretionary duty to liaise with NHTSA to study the impacts of the electromagnetic radiation emitted by LED headlamps.  As you are aware, "radiance" is the radiometric equivalent of "luminance", and Congress has placed the duty of regulating radiance on the FDA.  In the case of LED headlamps, the performance standards require a collaborative effort between NHTSA and the FDA.

Now that the TRL report has been published, there is no going back.  It will now be impossible for the FDA to continue to claim that LED headlamps do not warrant study and that the FDA has no role in the regulation of LED headlamps.  The TRL report makes clear:  Luminance/Radiance is the proper metric for LED headlamp intensity.  It is the FDA's non-discretionary obligation to address the health and safety impacts of LED headlamps with its agency partner NHTSA.

The public petition to ban blinding headlights is nearing 75,000 signatures, and both NHTSA and the FDA have received copies of these signatures.  It is again impossible for the FDA and NHTSA to deny that LED headlamps do not pose a health or safety threat.

The Soft Lights Foundation has two outstanding regulatory petitions to NHTSA to regulate intensity and blue wavelength light, both of which have been ignored by NHTSA.  This constitutes a violation of the Administrative Procedure Act, as does the FDA's failure to comply with 21 U.S.C. 360ii for LED headlamps.

I repeat my request for the FDA and NHTSA to settle my lawsuit and agree to do what the UK is doing, and begin the process of solving the LED headlight crisis.

Sincerely,

Mark Baker
President
Soft Lights Foundation
www.softlights.org
mbaker@softlights.org
X: @softlights_org
Bluesky: @softlights-org.bsky.social