Tristan Loscha
Member
- Joined
- Dec 18, 2018
- Messages
- 2,206
December 18, 2009
Board of Directors
2009 - 2010
President
Jessie M Pavlinac MS RD CSR LD
President-Elect
Judith C Rodriguez PhD RD FADA LDN
Past President
Martin M Yadrick MS MBA RD FADA
Treasurer
Kathleen W McClusky MS RD FADA
Chair of the Board, ADA Foundation
Judith L Dodd MS RD FADA LDN
Speaker, HOD
Ethan A Bergman PhD RD FADA CD
Speaker-Elect, HOD
Glenna R McCollum DMOL MPH RD
Directors
Christina K Biesemeier MS RD FADA LDN
Pam Charney PhD RD
Evelyn F Crayton EdD RD LD
M Patricia Fuhrman MS RD FADA LD CNSD
Constance J Geiger PhD RD CD
James E Lucas PhD
Kenneth P Moritsugu MD MPH FACPM
Mary Pat Raimondi MS RD
Christopher M Wharton PhD
Kathleen M Zelman MPH RD LD
Chief Executive Officer
Patricia M Babjak MLS
The Honorable Charles E. Grassley
United States Senate
Washington, DC 20510-6200
Dear Senator Grassley:
We are pleased to provide the information that you requested in your
communication dated December 17, 2009. Attached is a breakdown
of support received from pharmaceutical, medical device companies,
foundations established by these companies or the insurance industry
that has been provided to the American Dietetic Association (ADA)
from the period January 2006 to the present.
A copy of the policy governing the acceptance of industry funding is
attached. The ADA does not allow companies to place restrictions on
how funding will be spent. These policies, which include full
disclosure and full transparency practices, are reviewed on an ongoing
basis.
Also provided is the ADA’s Conflict of Interest Policy that all board
members and top executives sign annually addressing the disclosure
of conflicts. The disclosure of outside income from companies is
covered by this policy. From 2006 until the present, we have not
received any disclosures of outside income filed with our organization
by our top executives and board members.
Sincerely,
Patricia M. Babjak
PMB:MBW:mlo
Attachments
Funding Period Name of Company Amount of Funding Funding Purpose
2006 Ross Nutrition $16,160.00
ADA Food & Nutrition Conference and
Expo Keycard Sponsorship
2006 Ross Nutrition $10,000.00
ADA Food & Nutrition Conference and
Expo Educational Session Sponsorship
2006 Abbott Nutrition $50,000.00
ADA Food & Nutrition Conference and
Expo Opening Session Keynote
Sponsorship
2006
GlaxoSmithKline Consumer
Healthcare $20,000.00
ADA Food & Nutrition Conference and
Expo Educational Session Sponsorship
2006 McNeil Nutritionals, LLC $8,000.00
ADA Food & Nutrition Conference and
Expo Culinary Demo Sponsorship
2006 Seabury & Smith $105,452.13 Royalty Revenue
2006 Liberty Mutual $11,942.87 Royalty Revenue
2006 Abbott Labs (Ross Division) $69,500.00 Dietetic Practice Group Sponsorships
2006 Bristol-Meyer Squibb $11,000.00 Dietetic Practice Group Sponsorships
2006 Eli Lilly $12,500.00 Dietetic Practice Group Sponsorships
2006 GlaxoSmithKline $20,000.00 Dietetic Practice Group Sponsorships
2006 McNeil Nutritionals, LLC $26,000.00 Dietetic Practice Group Sponsorships
2006 Johnson & Johnson (*) $57,000.00 Dietetic Practice Group Sponsorships
2007 Seabury & Smith $87,587.01 Royalty Revenue
2007 Liberty Mutual $10,956.72 Royalty Revenue
2007 Abbott Labs (Ross Division) $148,300.00 Dietetic Practice Group Sponsorships
2007 Bristol-Meyer Squibb $22,700.00 Dietetic Practice Group Sponsorships
2007 Eli Lilly $58,500.00 Dietetic Practice Group Sponsorships
2007 GlaxoSmithKline $15,000.00 Dietetic Practice Group Sponsorships
2007 McNeil Nutritionals, LLC $54,850.00 Dietetic Practice Group Sponsorships
2007 Par Pharmaceutical $75,750.00 Dietetic Practice Group Sponsorships
2007 Takeda Pharmaceutical $8,800.00 Dietetic Practice Group Sponsorships
2007 Johnson & Johnson (*) $35,000.00 Dietetic Practice Group Sponsorships
2007 Solvay Pharmaceutical $20,000.00 Dietetic Practice Group Sponsorships
2008 Seabury & Smith $39,934.97 Royalty Revenue
2008 Liberty Mutual $12,366.13 Royalty Revenue
2008 Abbott Labs (Ross Division) $99,379.00 Dietetic Practice Group Sponsorships
2008 Baxter Health Care $7,500.00 Dietetic Practice Group Sponsorships
2008 Bristol-Meyer Squibb $15,600.00 Dietetic Practice Group Sponsorships
2008 Eli Lilly $33,000.00 Dietetic Practice Group Sponsorships
2008 GlaxoSmithKline $11,148.00 Dietetic Practice Group Sponsorships
2008 McNeil Nutritionals, LLC $23,000.00 Dietetic Practice Group Sponsorships
2008 Par Pharmaceutical $1,000.00 Dietetic Practice Group Sponsorships
2008 Takeda Pharmaceutical $48,000.00 Dietetic Practice Group Sponsorships
Funding Period Name of Company Amount of Funding Funding Purpose
2009 Seabury & Smith $80,543.45 Royalty Revenue
2009 Liberty Mutual $12,530.78 Royalty Revenue
2009 Abbott Labs (Ross Division) $217,550.00 Dietetic Practice Group Sponsorships
2009 Baxter Health Care $4,000.00 Dietetic Practice Group Sponsorships
2009 Bristol-Meyer Squibb $31,500.00 Dietetic Practice Group Sponsorships
2009 Eli Lilly $53,000.00 Dietetic Practice Group Sponsorships
2009 GlaxoSmithKline $5,000.00 Dietetic Practice Group Sponsorships
2009 McNeil Nutritionals, LLC $20,000.00 Dietetic Practice Group Sponsorships
2009 Takeda Pharmaceutical $37,500.00 Dietetic Practice Group Sponsorships
2009 Johnson & Johnson (*) $30,500.00 Dietetic Practice Group Sponsorships
2010 Seabury & Smith $39,671.45 Royalty Revenue
2010 Liberty Mutual $8,894.50 Royalty Revenue
2010
American Insurance Marketing
Service Check $1,877.40 Royalty Revenue
2/2007-2/2008
GlaxoSmithKline Consumer
Healthcare $325,000.00 Sponsorship
2/2008-1/2009 McNeil Nutritionals, LLC $100,000.00 Sponsorship
2/2008-2/2009
GlaxoSmithKline Consumer
Healthcare $325,000.00 Sponsorship
2/2009-1/2010 McNeil Nutritionals, LLC $100,000.00 Sponsorship
2/2010-1/2011 McNeil Nutritionals, LLC $108,000.00 Sponsorship
2/2011-1/2012 McNeil Nutritionals, LLC $108,000.00 Sponsorship
6/2008-5/2009 SOYJOY (a Pharmavite brand) $105,000.00 Sponsorship
6/2009-5/2010 SOYJOY (a Pharmavite brand) $105,000.00 Sponsorship
7/2007-6/2008 Abbott Nutrition $100,000.00 Sponsorship
7/2008-6/2009 Abbott Nutrition $100,000.00 Sponsorship
7/2009-6/2010 Abbott Nutrition $108,000.00 Sponsorship
7/2010-6/2011 Abbott Nutrition $108,000.00 Sponsorship
(*) has a pharmaceutical Division
American Dietetic Association's
Guidelines for Corporate Relations Sponsors
The American Dietetic Association welcomes corporate relationships that help the Association fulfill its
mission and vision in the following ways:
Delivering ADA-approved nutrition messages to a wider consumer audience than ADA could
reach using its own resources
Providing ADA-approved educational tools and materials to ADA members that are useful in
their professional work with the public
Creating consumer nutrition education messages and communications programs to make them
consistent with sound science and Association positions and philosophies
In its relations with corporate organizations, the Association is mindful of the need to avoid a perception
of conflict of interest and to act at all times in ways that will only enhance the credibility and professional
recognition of the Association and its members. The continuing value of ADA’s name depends on its
reputation for integrity, which has been earned by generations of ADA members over the course of many
decades. ADA will authorize no commercial use of the name and logo that would diminish that value or
damage that reputation.
ADA’s procedures and formal agreements with external organizations are designed to prevent any undue
corporate influence particularly where there is a possibility that corporate self-interest might tend to
conflict with sound science or ADA positions, policies and philosophies.
ADA requires that the sponsor be clearly identified on all such materials bearing the ADA name.
General Requirements for Acceptance of Corporate Relations Sponsors
Fit with ADA strategic goals
Scientific accuracy
Conformance with ADA positions, policies and philosophies
ADA editorial control of all content in materials bearing the ADA name
Clear separation of ADA messages and content from brand information or promotion
No endorsement of any particular brand or company product
The inclusion of relevant facts and important information where their omission would present an
unbalanced view of a controversial issue in which the sponsor has a stake
Full funding by the sponsor of all direct and indirect costs associated with the project
As a rule, ADA does not permit the free use of ADA content in publications or Web sites where the effect
of the ADA content and name is to help the publication or Web site increase circulation or sell advertising
or subscriptions.
ADA strives to communicate healthful eating messages to the public that emphasize the total diet, or
overall pattern of food eaten, rather than any one food or meal. If consumed in moderation with
appropriate portion size and combined with regular physical activity, all foods can fit into a healthful diet.
POLICIES/PROCEDURES
SUBJECT: Conflict of Interest Policy
This conflict of interest policy is designed to help any person serving as a director, officer or
member of a Board, committee or task force of the American Dietetic Association ("ADA")
identify situations that present potential conflicts of interest and to provide the ADA with a
procedure that will allow a transaction to be treated as valid and binding even if a director,
officer or member of an ADA Board, committee or task force has or may have a conflict of
interest with respect to the transaction. The policy is intended to comply with the procedure
prescribed in The Illinois General Not for Profit Corporation Act, 805 ILCS 105/108.6, and the
Federal Internal Revenue Code (the "Statutes") governing conflicts of interest for directors of
nonprofit corporations. In the event there is an inconsistency between the requirements and
procedures prescribed herein and those in the Statutes, the Statutes shall control. All
capitalized terms are defined in Part 2 of this policy.
1. Conflict of Interest Defined
A. Outside Interests.
. For purposes of this policy, the following circumstances
shall be deemed to create Conflicts of Interest:
(i) A Contract or Transaction between ADA and a Responsible Person
or Family Member.
(ii) A Contract or Transaction between ADA and an entity in which a
Responsible Person or Family Member has a Material Financial Interest or
of which such person is a director, officer, agent, partner, associate,
trustee, personal representative, receiver, guardian, custodian,
conservator or other legal representative.
B. Outside Activities.
(i) A Responsible Person competing with ADA in the rendering of services or in any
other Contract or Transaction with a third party.
(ii) A Responsible Person's having a Material Financial Interest in, or serving as a
director, officer, employee, agent, partner, associate, trustee, personal
representative, receiver, guardian, custodian, conservator or other legal
representative of, or consultant to; an entity or individual that competes with
ADA in the provision of services or in any other Contract or Transaction with a
third party.
2. Definitions
.
A. A "Conflict of Interest" is any circumstance described in Part 1 of this Policy.
B. A "Responsible Person" is any person serving as director, officer or member of an
ADA Board committee or task force.
C. A "Family Member" is a spouse, parent, child or spouse of a child, brother, sister,
or spouse of a brother or sister, of a Responsible Person.
D. A "Material Financial Interest" in an entity is a financial interest of any kind,
which, in view of all the circumstances, is substantial enough that it would, or
reasonably could, affect a Responsible Person’s or Family Member’s judgment
with respect to transactions to which the entity is a party.
E. A "Contract or Transaction" is any agreement or relationship involving the sale or
purchase of goods, services, or rights of any kind, the providing or receipt of a
loan or grant, or the establishment of any other type of pecuniary relationship
with the ADA. The making of a gift to ADA is not a Contract or Transaction.
3. Procedures
.
A. Prior to board, committee or task force action on a Contract or Transaction
involving a Conflict of Interest, a director, officer, committee or task force
member having a Conflict of Interest and who is in attendance at the meeting
shall disclose all facts material to the Conflict of Interest. Such disclosure shall
be reflected in the minutes of the meeting.
B. A director, officer, committee or task force member who plans not to attend a
meeting at which he or she has reason to believe that the board or committee
will act on a matter in which the person has a Conflict of Interest shall disclose to
the President or chair of the meeting all facts material to the Conflict of Interest.
The President shall report the disclosure at the meeting and the disclosure shall
be reflected in the minutes of the meeting.
C. A person who has a Conflict of Interest shall not participate in or be permitted to
hear the Board’s, committee’s or task force discussion of the matter except to
disclose material facts and to respond to questions. Such person shall not
attempt to exert his or her personal influence with respect to the matter, either
at or outside the meeting.
D. A person who has a Conflict of Interest with respect to a Contract or Transaction
that will be voted on at a meeting may be counted in determining the presence
of a quorum for purposes of the vote, but may not be counted when the Board
of Directors, committee’s or task force’s takes action on the Transaction or
Contract. The person having a conflict of interest may not vote on the Contract
or Transaction and shall not be present in the meeting room when the vote is
taken, unless the vote is by secret ballot. Such person’s ineligibility to vote shall
be reflected in the minutes of the meeting.
E. Responsible Persons who are not members of the Board of Directors of ADA, or
who have a Conflict of Interest with respect to a Contract or Transaction that is
not the subject of Board, committee or task force action, shall disclose to the
President or the President’s designee any Conflict of Interest that such
Responsible Person has with respect to a Contract or Transaction. Such
disclosure shall be made as soon as the Conflict of Interest is known to the
Responsible Person. The Responsible Person shall refrain from any action that
may affect ADA's participation in such Contract or Transaction.
In the event it is not clear whether a Conflict of Interest exists, the individual
with the potential conflict shall disclose the circumstances to the President or the
President’s designee, who shall determine whether there exists a Conflict of
Interest that is subject to this policy.
4. Confidentiality
.
A. Each Responsible Person shall exercise care not to disclose confidential
information acquired in connection with such status or information the disclosure
of which might be adverse to the interests of ADA in accordance with the ADA's
Confidentiality Policy currently in effect.
5. Review of Policy
.
A. Each new Responsible Person shall be required to review a copy of this policy
and to acknowledge in writing that he or she has done so.
B. Each Responsible Person shall annually complete a disclosure form identifying
any relationships, positions or circumstances in which the Responsible Person is
involved that he or she believes could lead to a Conflict of Interest. Such
relationships, positions or circumstances might include service as a director of or
consultant to a nonprofit organization, or ownership of a business that might
provide goods or services to ADA.
C. This policy shall be reviewed annually by each member of the Board of Directors,
committees or task forces. Any changes to the policy shall be communicated
immediately to all Responsible Persons.
The Board of Directors of the American Dietetic Association ("ADA") wishes to avoid possible
conflict of interest involving its directors, officers or members of an ADA Board, committee or
task force as defined by state and federal law, in accordance with the ADA Conflict of Interest
Policy currently in effect. In addition, the Board wishes for all directors, officers, or members
of an ADA Board, committee or task force continually be cognizant of their fiduciary duties to
the ADA arising out of their positions of confidence within the organization, in accordance with
the ADA Confidentiality Policy in effect. Therefore, the Board requests that each director,
officer, or member of an ADA Board, committee or task force attest to the following
statements:
I, ____________________________________________________, state the following:
1. I have read and understand the ADA Conflict of Interest Policy.
2. I attach a list of all my affiliations with any person (including any officer or employee of
the ADA), firm, organization, corporation, or other entity with which I have reason to
believe the ADA does business (check one).
_____ I HAVE NO AFFILIATIONS WITH SUCH PERSONS OR ENTITIES.
_____ LIST ATTACHED.
3. I shall amend this list each year, and more frequently as my affiliations or ADA duties
change.
4. If I become aware that any member of my family (parents, brothers and sisters,
children, spouse, and/or in-laws) is engaged or proposed to be engaged in business
with the ADA, I shall disclose my relationship with the person(s) concerned and the
nature of this business to the President or chair of the ADA committee or task force.
5. I understand that I am not to participate in any decision or vote on an issue in which I
may have conflicts of interest because of affiliations listed herein.
6. I have read and understand the ADA Confidentiality Policy, and agree to abide by its
terms.
______________________________________ _____________________
Signature Date
Board of Directors
2009 - 2010
President
Jessie M Pavlinac MS RD CSR LD
President-Elect
Judith C Rodriguez PhD RD FADA LDN
Past President
Martin M Yadrick MS MBA RD FADA
Treasurer
Kathleen W McClusky MS RD FADA
Chair of the Board, ADA Foundation
Judith L Dodd MS RD FADA LDN
Speaker, HOD
Ethan A Bergman PhD RD FADA CD
Speaker-Elect, HOD
Glenna R McCollum DMOL MPH RD
Directors
Christina K Biesemeier MS RD FADA LDN
Pam Charney PhD RD
Evelyn F Crayton EdD RD LD
M Patricia Fuhrman MS RD FADA LD CNSD
Constance J Geiger PhD RD CD
James E Lucas PhD
Kenneth P Moritsugu MD MPH FACPM
Mary Pat Raimondi MS RD
Christopher M Wharton PhD
Kathleen M Zelman MPH RD LD
Chief Executive Officer
Patricia M Babjak MLS
The Honorable Charles E. Grassley
United States Senate
Washington, DC 20510-6200
Dear Senator Grassley:
We are pleased to provide the information that you requested in your
communication dated December 17, 2009. Attached is a breakdown
of support received from pharmaceutical, medical device companies,
foundations established by these companies or the insurance industry
that has been provided to the American Dietetic Association (ADA)
from the period January 2006 to the present.
A copy of the policy governing the acceptance of industry funding is
attached. The ADA does not allow companies to place restrictions on
how funding will be spent. These policies, which include full
disclosure and full transparency practices, are reviewed on an ongoing
basis.
Also provided is the ADA’s Conflict of Interest Policy that all board
members and top executives sign annually addressing the disclosure
of conflicts. The disclosure of outside income from companies is
covered by this policy. From 2006 until the present, we have not
received any disclosures of outside income filed with our organization
by our top executives and board members.
Sincerely,
Patricia M. Babjak
PMB:MBW:mlo
Attachments
Funding Period Name of Company Amount of Funding Funding Purpose
2006 Ross Nutrition $16,160.00
ADA Food & Nutrition Conference and
Expo Keycard Sponsorship
2006 Ross Nutrition $10,000.00
ADA Food & Nutrition Conference and
Expo Educational Session Sponsorship
2006 Abbott Nutrition $50,000.00
ADA Food & Nutrition Conference and
Expo Opening Session Keynote
Sponsorship
2006
GlaxoSmithKline Consumer
Healthcare $20,000.00
ADA Food & Nutrition Conference and
Expo Educational Session Sponsorship
2006 McNeil Nutritionals, LLC $8,000.00
ADA Food & Nutrition Conference and
Expo Culinary Demo Sponsorship
2006 Seabury & Smith $105,452.13 Royalty Revenue
2006 Liberty Mutual $11,942.87 Royalty Revenue
2006 Abbott Labs (Ross Division) $69,500.00 Dietetic Practice Group Sponsorships
2006 Bristol-Meyer Squibb $11,000.00 Dietetic Practice Group Sponsorships
2006 Eli Lilly $12,500.00 Dietetic Practice Group Sponsorships
2006 GlaxoSmithKline $20,000.00 Dietetic Practice Group Sponsorships
2006 McNeil Nutritionals, LLC $26,000.00 Dietetic Practice Group Sponsorships
2006 Johnson & Johnson (*) $57,000.00 Dietetic Practice Group Sponsorships
2007 Seabury & Smith $87,587.01 Royalty Revenue
2007 Liberty Mutual $10,956.72 Royalty Revenue
2007 Abbott Labs (Ross Division) $148,300.00 Dietetic Practice Group Sponsorships
2007 Bristol-Meyer Squibb $22,700.00 Dietetic Practice Group Sponsorships
2007 Eli Lilly $58,500.00 Dietetic Practice Group Sponsorships
2007 GlaxoSmithKline $15,000.00 Dietetic Practice Group Sponsorships
2007 McNeil Nutritionals, LLC $54,850.00 Dietetic Practice Group Sponsorships
2007 Par Pharmaceutical $75,750.00 Dietetic Practice Group Sponsorships
2007 Takeda Pharmaceutical $8,800.00 Dietetic Practice Group Sponsorships
2007 Johnson & Johnson (*) $35,000.00 Dietetic Practice Group Sponsorships
2007 Solvay Pharmaceutical $20,000.00 Dietetic Practice Group Sponsorships
2008 Seabury & Smith $39,934.97 Royalty Revenue
2008 Liberty Mutual $12,366.13 Royalty Revenue
2008 Abbott Labs (Ross Division) $99,379.00 Dietetic Practice Group Sponsorships
2008 Baxter Health Care $7,500.00 Dietetic Practice Group Sponsorships
2008 Bristol-Meyer Squibb $15,600.00 Dietetic Practice Group Sponsorships
2008 Eli Lilly $33,000.00 Dietetic Practice Group Sponsorships
2008 GlaxoSmithKline $11,148.00 Dietetic Practice Group Sponsorships
2008 McNeil Nutritionals, LLC $23,000.00 Dietetic Practice Group Sponsorships
2008 Par Pharmaceutical $1,000.00 Dietetic Practice Group Sponsorships
2008 Takeda Pharmaceutical $48,000.00 Dietetic Practice Group Sponsorships
Funding Period Name of Company Amount of Funding Funding Purpose
2009 Seabury & Smith $80,543.45 Royalty Revenue
2009 Liberty Mutual $12,530.78 Royalty Revenue
2009 Abbott Labs (Ross Division) $217,550.00 Dietetic Practice Group Sponsorships
2009 Baxter Health Care $4,000.00 Dietetic Practice Group Sponsorships
2009 Bristol-Meyer Squibb $31,500.00 Dietetic Practice Group Sponsorships
2009 Eli Lilly $53,000.00 Dietetic Practice Group Sponsorships
2009 GlaxoSmithKline $5,000.00 Dietetic Practice Group Sponsorships
2009 McNeil Nutritionals, LLC $20,000.00 Dietetic Practice Group Sponsorships
2009 Takeda Pharmaceutical $37,500.00 Dietetic Practice Group Sponsorships
2009 Johnson & Johnson (*) $30,500.00 Dietetic Practice Group Sponsorships
2010 Seabury & Smith $39,671.45 Royalty Revenue
2010 Liberty Mutual $8,894.50 Royalty Revenue
2010
American Insurance Marketing
Service Check $1,877.40 Royalty Revenue
2/2007-2/2008
GlaxoSmithKline Consumer
Healthcare $325,000.00 Sponsorship
2/2008-1/2009 McNeil Nutritionals, LLC $100,000.00 Sponsorship
2/2008-2/2009
GlaxoSmithKline Consumer
Healthcare $325,000.00 Sponsorship
2/2009-1/2010 McNeil Nutritionals, LLC $100,000.00 Sponsorship
2/2010-1/2011 McNeil Nutritionals, LLC $108,000.00 Sponsorship
2/2011-1/2012 McNeil Nutritionals, LLC $108,000.00 Sponsorship
6/2008-5/2009 SOYJOY (a Pharmavite brand) $105,000.00 Sponsorship
6/2009-5/2010 SOYJOY (a Pharmavite brand) $105,000.00 Sponsorship
7/2007-6/2008 Abbott Nutrition $100,000.00 Sponsorship
7/2008-6/2009 Abbott Nutrition $100,000.00 Sponsorship
7/2009-6/2010 Abbott Nutrition $108,000.00 Sponsorship
7/2010-6/2011 Abbott Nutrition $108,000.00 Sponsorship
(*) has a pharmaceutical Division
American Dietetic Association's
Guidelines for Corporate Relations Sponsors
The American Dietetic Association welcomes corporate relationships that help the Association fulfill its
mission and vision in the following ways:
Delivering ADA-approved nutrition messages to a wider consumer audience than ADA could
reach using its own resources
Providing ADA-approved educational tools and materials to ADA members that are useful in
their professional work with the public
Creating consumer nutrition education messages and communications programs to make them
consistent with sound science and Association positions and philosophies
In its relations with corporate organizations, the Association is mindful of the need to avoid a perception
of conflict of interest and to act at all times in ways that will only enhance the credibility and professional
recognition of the Association and its members. The continuing value of ADA’s name depends on its
reputation for integrity, which has been earned by generations of ADA members over the course of many
decades. ADA will authorize no commercial use of the name and logo that would diminish that value or
damage that reputation.
ADA’s procedures and formal agreements with external organizations are designed to prevent any undue
corporate influence particularly where there is a possibility that corporate self-interest might tend to
conflict with sound science or ADA positions, policies and philosophies.
ADA requires that the sponsor be clearly identified on all such materials bearing the ADA name.
General Requirements for Acceptance of Corporate Relations Sponsors
Fit with ADA strategic goals
Scientific accuracy
Conformance with ADA positions, policies and philosophies
ADA editorial control of all content in materials bearing the ADA name
Clear separation of ADA messages and content from brand information or promotion
No endorsement of any particular brand or company product
The inclusion of relevant facts and important information where their omission would present an
unbalanced view of a controversial issue in which the sponsor has a stake
Full funding by the sponsor of all direct and indirect costs associated with the project
As a rule, ADA does not permit the free use of ADA content in publications or Web sites where the effect
of the ADA content and name is to help the publication or Web site increase circulation or sell advertising
or subscriptions.
ADA strives to communicate healthful eating messages to the public that emphasize the total diet, or
overall pattern of food eaten, rather than any one food or meal. If consumed in moderation with
appropriate portion size and combined with regular physical activity, all foods can fit into a healthful diet.
POLICIES/PROCEDURES
SUBJECT: Conflict of Interest Policy
This conflict of interest policy is designed to help any person serving as a director, officer or
member of a Board, committee or task force of the American Dietetic Association ("ADA")
identify situations that present potential conflicts of interest and to provide the ADA with a
procedure that will allow a transaction to be treated as valid and binding even if a director,
officer or member of an ADA Board, committee or task force has or may have a conflict of
interest with respect to the transaction. The policy is intended to comply with the procedure
prescribed in The Illinois General Not for Profit Corporation Act, 805 ILCS 105/108.6, and the
Federal Internal Revenue Code (the "Statutes") governing conflicts of interest for directors of
nonprofit corporations. In the event there is an inconsistency between the requirements and
procedures prescribed herein and those in the Statutes, the Statutes shall control. All
capitalized terms are defined in Part 2 of this policy.
1. Conflict of Interest Defined
A. Outside Interests.
. For purposes of this policy, the following circumstances
shall be deemed to create Conflicts of Interest:
(i) A Contract or Transaction between ADA and a Responsible Person
or Family Member.
(ii) A Contract or Transaction between ADA and an entity in which a
Responsible Person or Family Member has a Material Financial Interest or
of which such person is a director, officer, agent, partner, associate,
trustee, personal representative, receiver, guardian, custodian,
conservator or other legal representative.
B. Outside Activities.
(i) A Responsible Person competing with ADA in the rendering of services or in any
other Contract or Transaction with a third party.
(ii) A Responsible Person's having a Material Financial Interest in, or serving as a
director, officer, employee, agent, partner, associate, trustee, personal
representative, receiver, guardian, custodian, conservator or other legal
representative of, or consultant to; an entity or individual that competes with
ADA in the provision of services or in any other Contract or Transaction with a
third party.
2. Definitions
.
A. A "Conflict of Interest" is any circumstance described in Part 1 of this Policy.
B. A "Responsible Person" is any person serving as director, officer or member of an
ADA Board committee or task force.
C. A "Family Member" is a spouse, parent, child or spouse of a child, brother, sister,
or spouse of a brother or sister, of a Responsible Person.
D. A "Material Financial Interest" in an entity is a financial interest of any kind,
which, in view of all the circumstances, is substantial enough that it would, or
reasonably could, affect a Responsible Person’s or Family Member’s judgment
with respect to transactions to which the entity is a party.
E. A "Contract or Transaction" is any agreement or relationship involving the sale or
purchase of goods, services, or rights of any kind, the providing or receipt of a
loan or grant, or the establishment of any other type of pecuniary relationship
with the ADA. The making of a gift to ADA is not a Contract or Transaction.
3. Procedures
.
A. Prior to board, committee or task force action on a Contract or Transaction
involving a Conflict of Interest, a director, officer, committee or task force
member having a Conflict of Interest and who is in attendance at the meeting
shall disclose all facts material to the Conflict of Interest. Such disclosure shall
be reflected in the minutes of the meeting.
B. A director, officer, committee or task force member who plans not to attend a
meeting at which he or she has reason to believe that the board or committee
will act on a matter in which the person has a Conflict of Interest shall disclose to
the President or chair of the meeting all facts material to the Conflict of Interest.
The President shall report the disclosure at the meeting and the disclosure shall
be reflected in the minutes of the meeting.
C. A person who has a Conflict of Interest shall not participate in or be permitted to
hear the Board’s, committee’s or task force discussion of the matter except to
disclose material facts and to respond to questions. Such person shall not
attempt to exert his or her personal influence with respect to the matter, either
at or outside the meeting.
D. A person who has a Conflict of Interest with respect to a Contract or Transaction
that will be voted on at a meeting may be counted in determining the presence
of a quorum for purposes of the vote, but may not be counted when the Board
of Directors, committee’s or task force’s takes action on the Transaction or
Contract. The person having a conflict of interest may not vote on the Contract
or Transaction and shall not be present in the meeting room when the vote is
taken, unless the vote is by secret ballot. Such person’s ineligibility to vote shall
be reflected in the minutes of the meeting.
E. Responsible Persons who are not members of the Board of Directors of ADA, or
who have a Conflict of Interest with respect to a Contract or Transaction that is
not the subject of Board, committee or task force action, shall disclose to the
President or the President’s designee any Conflict of Interest that such
Responsible Person has with respect to a Contract or Transaction. Such
disclosure shall be made as soon as the Conflict of Interest is known to the
Responsible Person. The Responsible Person shall refrain from any action that
may affect ADA's participation in such Contract or Transaction.
In the event it is not clear whether a Conflict of Interest exists, the individual
with the potential conflict shall disclose the circumstances to the President or the
President’s designee, who shall determine whether there exists a Conflict of
Interest that is subject to this policy.
4. Confidentiality
.
A. Each Responsible Person shall exercise care not to disclose confidential
information acquired in connection with such status or information the disclosure
of which might be adverse to the interests of ADA in accordance with the ADA's
Confidentiality Policy currently in effect.
5. Review of Policy
.
A. Each new Responsible Person shall be required to review a copy of this policy
and to acknowledge in writing that he or she has done so.
B. Each Responsible Person shall annually complete a disclosure form identifying
any relationships, positions or circumstances in which the Responsible Person is
involved that he or she believes could lead to a Conflict of Interest. Such
relationships, positions or circumstances might include service as a director of or
consultant to a nonprofit organization, or ownership of a business that might
provide goods or services to ADA.
C. This policy shall be reviewed annually by each member of the Board of Directors,
committees or task forces. Any changes to the policy shall be communicated
immediately to all Responsible Persons.
The Board of Directors of the American Dietetic Association ("ADA") wishes to avoid possible
conflict of interest involving its directors, officers or members of an ADA Board, committee or
task force as defined by state and federal law, in accordance with the ADA Conflict of Interest
Policy currently in effect. In addition, the Board wishes for all directors, officers, or members
of an ADA Board, committee or task force continually be cognizant of their fiduciary duties to
the ADA arising out of their positions of confidence within the organization, in accordance with
the ADA Confidentiality Policy in effect. Therefore, the Board requests that each director,
officer, or member of an ADA Board, committee or task force attest to the following
statements:
I, ____________________________________________________, state the following:
1. I have read and understand the ADA Conflict of Interest Policy.
2. I attach a list of all my affiliations with any person (including any officer or employee of
the ADA), firm, organization, corporation, or other entity with which I have reason to
believe the ADA does business (check one).
_____ I HAVE NO AFFILIATIONS WITH SUCH PERSONS OR ENTITIES.
_____ LIST ATTACHED.
3. I shall amend this list each year, and more frequently as my affiliations or ADA duties
change.
4. If I become aware that any member of my family (parents, brothers and sisters,
children, spouse, and/or in-laws) is engaged or proposed to be engaged in business
with the ADA, I shall disclose my relationship with the person(s) concerned and the
nature of this business to the President or chair of the ADA committee or task force.
5. I understand that I am not to participate in any decision or vote on an issue in which I
may have conflicts of interest because of affiliations listed herein.
6. I have read and understand the ADA Confidentiality Policy, and agree to abide by its
terms.
______________________________________ _____________________
Signature Date
