"No on 37" said it based its information on a policy statement on the academy's website and that it was not aware the position had expired in 2010.
The FDA also set the record straight on a "No on 37" mailer that put the FDA's logo below a quote criticizing efforts like the California labeling measure as "inherently misleading." The use of the quote next to the logo made it appear that FDA had weighed in on the fight.
FDA spokeswoman Morgan Liscinsky said the agency made no such statement and had no position on the initiative. "Yes on 37" also asked the U.S. Department of Justice to investigate the allegedly fraudulent misuse of FDA's seal in that mailer - something that won't be resolved until well after the election.
Then, just four days before the vote, supporters of Proposition 37 fumbled the facts about the status of its DOJ request, releasing a statement titled: "FBI opens investigation into No on 37 shenanigans."
The U.S. Attorney for the Eastern District of California quickly responded: "Neither the FBI nor this office has a pending investigation related to this matter."
"Yes on 37" said it issued its statement after a field agent for the FBI called its attorney. It later revised its statement to say that the U.S. Attorney's office had referred the matter to the FDA, which like other federal agencies has its own criminal investigations unit.