Reading Room Document

Service of Private Sector Persons on Food and Drug Administration Advisory Committees

This document is a memorandum opinion addressing the scope of the term "particular matter" as used in 18 U.S.C. § 208(a) in relation to the service of private sector individuals on advisory committees in the Food and Drug Administration (FDA). The conclusion reached is that the term "particular matter" includes recommendations affecting a category of products or a number of firms similarly situated, and that participation in such matters triggers the disqualification requirement under § 208(a). The document presents questions regarding the interpretation of the term "particular matter" and the application of the disqualification requirement to advisory committee members with outside affiliations, as well as the exemption procedures under § 208(b)(1). The memorandum also highlights the need for close scrutiny of each special Government employee's outside affiliation to determine whether an affiliation may properly be deemed unlikely to affect the integrity of service as an advisory committee member.

June 29, 1978