A former senior Food and Drug Administration (FDA) official unethically solicited gifts while serving in government, according to a complaint filed by a watchdog group Tuesday.
Protect the Public’s Trust’s (PPT) complaint highlights emails showing that Kathy Crosby, who served in a high-level communications role at the FDA’s Center for Tobacco Products, accepted free gala tickets worth hundreds of dollars from an anti-tobacco group after inquiring about the event. PPT alleged that this amounts to an “apparent violation of federal employee gift regulations” and warrants an investigation from the Department of Health and Human Services’ Office of the Inspector General.
“For too long, the public has had to watch the revolving door in Washington, D.C. spin to the financial benefit of high-ranking federal officials and special interests,” the complaint reads. “Often, faithful adherence to the principle that public service is a public trust has been tossed by the wayside. “Given the myriad examples available, it is not too difficult to wonder the effect that this has had on the public’s health and welfare.” (RELATED: Former FDA Official Cozied Up To Activists Months Before Joining Them, Emails Show)
The Campaign for Tobacco-Free Kids (CTFK) offered Crosby free tickets to its 2022 gala in April 2022, emails show. Crosby declined to attend that year, citing her schedule, but asked the organization to “keep [her] in mind for next year’s event.”
About a year later, Crosby responded to the same email thread asking CTFK if it would be “extending an invitation to any FDA colleagues to attend” its 2023 gala. The organization subsequently offered Crosby complimentary tickets, which she then accepted, saying that she “should definitely be able to join” them that year.
“Under federal law, specifically 5 C.F.R. § 2635, federal employees are barred from soliciting gifts, directly or indirectly, from prohibited sources given because of a recipient’s official position,” the complaint reads. “The definition of a gift encompasses items of monetary value, including complimentary attendance at events,” it continues.
Some exceptions exist for this prohibition, according to the complaint. Officials can accept gifts under $20 in value, for instance.
The two tickets Crosby received were worth $800 and came from CTFK, an organization that had lobbied and otherwise directed advocacy toward the FDA, according to the complaint.
The emails forming the basis of PPT’s complaint were initially obtained by the Functional Government Initiative, a watchdog group, and first reported by the DCNF. Crosby became the president and CEO of the Truth Initiative, an anti-tobacco and anti-nicotine activist organization, in August 2023 shortly after leaving the FDA.
The FDA previously told the DCNF that Crosby’s attendance at the CTFK gala was “reviewed and approved by FDA ethics officials” before she attended the event.
PPT notes in its complaint, however, that the FDA did not address the solicitation of the tickets in its response to the DCNF.
PPT claims that Crosby may have failed to notify ethics officials that she had solicited the tickets prior to accepting them.
“Crosby’s solicitation of an invitation suggests an intention to leverage her official position to avoid paying for a gala ticket, rather than attending the event in a manner consistent with ethical standards,” the complaint reads. “Whether FDA ethics officials approved her attendance at the gala, they very likely did so without access to all material facts. In such circumstances when ethics approval is provided without all material information being provided, no safe harbor is available and a violation of pertinent regulations must be found.”
“During Kathy Crosby’s 12 years as the Director for CTP’s Office of Health Communication and Education, she frequently communicated via email, phone calls, and in-person meetings with a wide range of stakeholders, including those from national public health organizations, industry, media, and state/local organizations in accordance with FDA guidelines,” an FDA spokesperson told the DCNF.
Crosby did not immediately respond to the DCNF’s request for comment.
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