Silence Her

by Douglas Fetterly

  And what of her safety? She couldn’t ignore the attempted poisoning. She hoped she was wrong about the cupcakes, but logic told her otherwise. Regardless, she had to keep pressing forward, but with both eyes fully open.

  She needed to talk with someone. On an off chance, Lishan decided to call JoJo to see if he had some time for coffee and conversation, perhaps an interview.

  “Joseph,” a sweet baritone answered.

  “JoJo?”

  “Joseph by day. JoJo by night. Hi, Lishan.”

  “How could you tell it was me?”

  “I’m good at deception, which includes perception. I’m efficient at what I do.”

  A beautiful blend of Puerto Rican and Italian, JoJo used to perform at Finocchio’s in San Francisco—a female impersonator club—while he was finishing his doctorate in molecular biology at UC Berkeley alongside a minor in political science. JoJo felt the performing balanced out both sides of his brain. Part of the act was singing, and the audience was never completely sure if the performers were truly male. He did look and sound all female—until, in a flamboyant move, he shed his blouse, revealing a definitely-male upper body. Finocchio’s closed down, and JoJo, then twenty-six, moved to D.C., doctorate in hand; he found a job with the FDA in which he uncovered or verified the truth—a job catering to his disposition, at least for now. Lishan took an immediate liking to this glamorous beguiler.

  “Do I call you JoJo or Joseph?”

  “JoJo to you, sweet brown-eyes.”

  Lishan could feel herself flush. He had real charm—this sweet male in feminine packaging. “I called to ask if you might have some time to talk. I’ve got a few things on my mind. Also, for one of my next exposés, perhaps I could interview you sometime about the FDA, about trans....” She stopped midsentence when a mother and young daughter walked by.

  “Genders? Are you changing course, sweetie?”

  “Fats. Trans…fats.” She laughed as best she could.

  JoJo chuckled. “Avec plaisir. I happen to have an opening, just for you. What would you say to Madame’s Organ in 30? I just love that place, the community.”

  Lishan hadn’t expected such enthusiasm. She was pleased. “As cute as you are, know that I’ve got some serious concerns I need to talk about. I hope that’s not a disappointment.”

  “Lishy, Lishy. Not at all.” JoJo tempered his enthusiasm to match Lishan’s somber tone. “You sound serious. By the way, I read your exposé. I saw a Wanted poster with your mug on it in the lunchroom. I’m kidding...somewhat. Not to worry.”

  Lishan took a long breath and continued, “I want to thank you for your intervention at the Gala. Your wit was timely and welcome. And your outfit!”

  “Again, my pleasure. I felt particularly impish that eve. See you in 30?”

  Lishan navigated the Red Line to within walking distance of the neighborhood of Adams Morgan, just north of the Capitol. The two-story pub, with a rooftop covered patio, had made an impression on everyone she knew who had gone there. It had a Bohemian atmosphere, memorable in itself, but the name-play was what carried it from tongue to tongue. Whimsical, she thought.

  She waited outside for only a few minutes before catching sight of JoJo’s stylish figure striding in her direction. He was dressed in a white sundress with pink polka-dots, falling with a flare just above the knee. His matching sunhat had a large brim with colors reversed from the dress. The Gucci sunglasses, large and round, nicely bridged the distance between the hat and the bright, red-lipped smile. His smooth dulce de leche exterior, outlined against the dazzle of Hollywood fashion opulence, provided a stunning hit to the senses.

  “Aren’t you a darling to meet me, you beautiful girl, you!” He smiled, giving Lishan a grand hug.

  Lishan managed a smile in return.

  JoJo sensed that something was bothering her. “Let’s go in. I’m quite famished.”

  “Is this an FDA-approved establishment?” Lishan asked, attempting to interject a playful tone.

  “Thirty years ago, that might have meant something. Today, the FDA’s reputation is tarnished—not beyond repair, but the trust has been damaged.”

  They went upstairs to the rooftop open-air patio.

  JoJo ordered a butter-leaf salad with a side of cottage cheese. “Girlie figure, you know.” He winked at Lishan.

  Lishan followed suit, minus the cottage cheese but with a side of grilled salmon.

  After sitting down, Lishan pulled out her Moleskine journal then reached over and felt the hem of JoJo’s dress. “Do you always dress like this at the Agency?”

  “I used to be more conservative. One sunny day, I wore a dress similar to this one and was threatened by a white-shirt-and-tie manager. Within three hours, my attorney had issued a cease-and-desist to the manager, the manager’s manager, the FDA commissioner, and the FDA’s HR department. I’m no slouch when it comes to these matters.”

  “Impressive. I didn’t realize you traveled in such circles.”

  “Try stepping outside of the mainstream, and it becomes readily apparent what one must do to maintain a voice. It’s unfortunate that some of our species only respond when the dollars in their pocket are threatened. We’d like to think humanitarian considerations take center stage, but it’s not fully instilled, apparently.” JoJo adjusted his dress and let his smile fade. “I gather you want to know the insider scoop on the FDA, but there’s something else, isn’t there?”

  “Yes. Something else.” Lishan’s eyes welled up. “Someone—Jack Conner, I believe—is trying to shut me up. Murder is more like it.”

  JoJo reached over and touched the few tears that fell. “Talk to me. I’m here, for as long as you want.”

  “You know the exposé I wrote. Ever since then, I have been threatened. Until today, I wasn’t sure to what degree. Now, I think I know, and it’s not pretty.” She proceeded to tell JoJo about the taxi incident, about the pocketknife Conner used on her. She managed a deep breath and then told him about the poisoning. It was difficult getting it out, as the emotional drain kept diffusing her words. When she had finished, JoJo reached over and took Lishan’s hands.

  “We’ll get through this, you know. You’re smart, and you have friends like me who have your back.”

  They spoke of the obvious—avoiding her usual hangouts; being hyper vigilant; possibly moving; putting Conner in prison, as difficult as it might be.

  “Is my exposé really worth murdering me?”

  “Lishan, I don’t know this for a fact, but that exposé of yours may have caused problems in some boardrooms across the country—people whose livelihoods depend on reputations, on alliances, on perceptions. If Conner got just one call from a major client, one call threatening to pull up stakes if Conner couldn’t get a lid on his notoriety, then a man like Conner would stop at nothing. Truly nothing.”

  Lishan took in the gravity of JoJo’s words. She didn’t speak for a couple of minutes. JoJo sat quietly, letting her unfold on her own time. After they exhausted the list of things to consider, Lishan finally sat back, looking out toward the trees.

  “JoJo, I needed this. You have helped so much.” Lishan shifted in her seat. “Could we change the subject? I need a break from this nightmare, at least for now.”

  “Of course, my dear. Of course. What would you like to talk about? You mentioned on the phone a possible interview.”

  “Yes, an interview.” Lishan paused, taking in that she could focus on something besides her impending demise. “For one, I want our readers—the public—to know why the FDA doesn’t put them first.”

  JoJo blinked to acknowledge the statement, taking a delicate bite of his salad before leaning forward. “You should know I’m on your side. I want the Agency to come clean. But I wouldn’t suggest that most of the FDA’s workforce isn’t duty bound. There’s an ethic that runs deep, one where the average Josephine in any department wants to protect and save the world. Unfortunately, certain FDA officials are prone to lobbyist persuasion. Then, of course, ther
e’s the ever-greedy industry, and a few complicit senators.”

  “But why allow the dishonesty? Why not promote the truth, with philanthropy at the heart? Something’s wrong when eleven drugs are taken off the market in the short span of a few years—I believe it was 1997 to 2000. If I recall correctly, Baycol was one of them, causing thirty-one deaths before it was removed. And then there’s the deceit about trans fats.”

  JoJo took another bite and sat back to deliberate. “I just think it will take a calamity of gigantic proportions, one that shifts people’s views on life and what’s important.”

  “And thirty-one deaths are not a calamity?”

  “I agree with you. But some people would say that thirty-one deaths and a few less-than-perfect drugs don’t compare with the benefits of what passes through the FDA’s gates. You’re familiar with Maslow’s Hierarchy? Of course you are. It would take a catastrophe to get people—especially the middle- and upper-classes—to look below their lofty positions and see how much of the world lives at the lower levels from day-to-day. Until they do, they won’t begin to really care about humanistic principles. So, it depends upon whether an individual is related to those thirty-one, or perhaps to the thousands in the Vioxx fiasco, as opposed to those whose lives were saved through the FDA.”

  “Or, as opposed to profits.”

  “Yes, profits. The almighty denominator. Makes me think of Conner.”

  Lishan liked what she saw in this sweet male before her. Her curiosity drifted to the possible number of FDA employees who cross-dressed.

  Lishan asked, “Can I buy you a Redhook? ESB?”

  JoJo’s smile was all it took for Lishan to call out for two of her favorite beers.

  “Would it matter?” Lishan chided. “Your agency spends only five percent of its budget on safety, as I hear.”

  “Now, now. Let’s not be calling a spade a spade.”

  “You shouldn’t use that expression.”

  JoJo smiled. “Ah, I see. You truly are negotiating a paradigm free of oppression. So no ‘gypped’ or ‘lame’?”

  “Exactly.” Lishan paused. “Can we talk about trans fat labeling? Industry doesn’t want the public to know the truth if it interferes with profits. And the FDA supports it.”

  JoJo’s face lost its brightness. “I’ve gone head-to-head with my manager on this very issue. I’ll send my latest letter to you.” JoJo took a sip of his Redhook. “Industry lies to us, Lishan. Their lobbyists ply members of Congress, who squeeze the FDA. Industry’s scientists—some, at least—are paid to make the product look good to the FDA, make it at least appear safe. If they do a study showing that a toxic constituent—trans fat, for example—is innocuous, safe, in low quantities, they often convince the FDA to let it be listed as zero quantity. Studies are often swayed when money, or one’s employment, is at stake.” JoJo sat back, drawing in a full breath. “It makes me furious. My apologies.”

  “Don’t apologize. Getting worked up can be a prime motivator. Hey, maybe Libby should promote a law that’ll allow these CEOs to put cocaine or nicotine in their food products so people will get hooked. The quantities will be below some standard, so they can be labeled as zero. What’s half a gram of cocaine in a serving? Think of the money they would make. Maybe that would get the public’s attention.” Lishan followed her light smile with a grimace.

  JoJo touched her hand. “You know, the FDA used to require a comment on the labeling: ‘Intake of trans fats should be as low as possible.’ Do you know who got in the way and had it removed? Members of the food industry. More specifically, large food processing companies represented by—at the time—the National Food Processors Association. Can’t have the public’s health get in the way of sales, now can we? But the FDA and Congress need to take the ultimate responsibility, unless of course we expect the public to stand up for its rights. In this country? I don’t know. Apathy reigns.”

  JoJo enjoyed a healthy swig of his beer, intending to let Lishan steer the balance of the conversation. He let his gaze shift to the leaves shimmering in a nearby tree.

  “Someday we should commingle our ideas on how the Agency should be run,” JoJo said, his smile returning. “Perhaps we should change the name to the Food and Drug Cartel.”

  “Nice.” Lishan lips smiled, but her eyes retained an underlying sadness. Raising her beer for a toast, she said, “To the FDC. Now, what else do you do—besides sing and save the world?”

  “Ah. Here’s a peek into my world. It can be dry, but it’ll be quick, I assure you. We have the Division of Dietary Supplement Programs, the New Dietary Ingredient Review Team, the Clinical Evaluation Team, and the Infant Formula and Medical Foods Staff. All top-quality scientists, excluding Rafferty, a bought and paid-for manager. You should see the list of perks he has accumulated. I can tell you the FDA is no slouch organization to get into, minus nepotism and appointees who contributed to a political career or two…or three.”

  JoJo looked pensive. “More specifically, for your notes, I’m a regulatory reviewer—an interdisciplinary scientist for CFSAN. Sorry—for the Center for Food Safety and Applied Nutrition. If you care to drill down a bit deeper,” JoJo winked, “you’ll find me in On-Lids. Don’t you just love it! It’s O-N-L-D-S, which is another way of saying the Office of Nutrition Labeling and Dietary Supplements. They require—at least on paper—critical thinking, evaluative and comparative analysis, classes on drugs and clinical trials, how drugs are developed, clinical pharmacology, and your basic chemistry and biology.”

  “Impressive. Left foot in science; right in dance. But I must ask, are you ever nudged to smooth the path of a food or label’s acceptance? Perhaps an all-expense-paid weekend in Jamaica, or your continued employment?”

  JoJo quieted, looking like a passport officer at the St. Petersburg airport in the former U.S.S.R.—stone cold. “When I first arrived at College Park, where CFSAN is, I had a bent to correct a flaw in a misleading label. I was younger, naive. It didn’t take long to discover that seriously questioning certain past decisions was the fast track to the sup’s office. I was hell bent…”

  “You told me once, or at least inferred, that you’re not a Christian.”

  JoJo’s eyes sparkled. “There I was, atheist in full bloom, abusing the fundamental tenets of my maker—my FDA boss—in order to advance social change within the department. I wanted to steer these tenets away from pro-industry and into pro-public.”

  Lishan interjected: “The façade is that the FDA is all about the well-being of the public over industry.”

  “Yes. The veneer has been getting thicker. Industry became chairman of the board several decades ago, but the general public is unaware. The pretense in this case might be in the form of a label that states there are no trans fats in a jar of peanut butter, or a bag of potato chips, when in fact there are. Or it could be the label on a twenty-ounce soft drink container—one hundred calories per serving, it states. The unknowing consumer believes the entire drink equals one hundred calories. No—one hundred calories per eight-ounce serving; two hundred fifty calories in its entirety. Obesity is on the rise.”

  A searching look had overtaken the beautiful bone structures in JoJo’s face. “You mentioned Christian. In one of my many letters to FDA management, I used the word transgression.” Stroking his chin, he continued. “In college, religious studies consumed me for a couple of semesters. I recall, according to the King James Version, that transgression of the law is a sin, and the wages of sin is death. The scientist and philosopher in me, then, would equate the FDA’s violation of ethics and morals, in order to satisfy the desires of industry, with transgressions—something like a parallel between physical and spiritual truths. I can see my book title now—Death by FDA.”

  Lishan smiled at the parallel.

  “I digress,” JoJo said. “Obesity. Those companies want you to purchase shopping carts full of potato chips and soft drinks. They don’t want the consumer to cut back. How complicit is the FDA? Very. I was immediately
moved to other projects due to my inquisitive, apparently threatening nature. I would have been fired, I’m certain, if it weren’t for my panache and the newspapers crying foul on my behalf. The FDA avoids that kind of publicity. No doubt there are current explicit instructions to never let anything referencing a hydrogenated fatty molecule cross my desk.”

  “And the devil’s advocate?”

  “A Christian question?”

  Lishan’s cheeks lifted as she searched for a replacement. “How would the FDA argue its defense?”

  “In the realm of food safety, it’s a tough job. Industry wants to sell its products. Let me make mention of the Agency’s stance in the drug world, which buys them a larger share of the jury’s support and understanding. The Agency says that the public—notably special interest groups like those working with AIDs, cancer, and the like—wants those drugs with potential benefit to be available at the earliest possible date. Yet, this can create a situation where an increased number of people die or have significant side effects because a drug is released too early or isn’t fully tested. If the Agency and the companies take the time they need to ensure the full measure of appropriate testing, then those groups—including Big Pharma, the shareholders of which want to recoup their investment and make millions as soon as possible—complain that it’s taking too long for the drugs to hit the streets, allowing people to die prematurely or remain ill unnecessarily. Do you see? Of course you do.”

  Lishan jotted copious notes, careful not to miss a single nuance. “Then, rhetorically speaking, where is the FDA at fault if it has the odds set against them, odds like Senator Libby and CEOs like Conner?”

  “Lishan, that’s just it. The FDA does get a bad rap, somewhat—but only in part. It shouldn’t allow any improper outside influence to govern its actions, though Congress has its way of interfering. That’s where it goes wrong, not to mention that there’s management within the FDA that’s soft on science, focused on business. Remember when the Republicans took over Congress in 1994? They pushed reform bills that diminished the FDA’s authority in order to push drugs more quickly out to the public.”