Administrative Appeal Filed Against Osaka City's Decision of Non-Existence Regarding Use of the Term "Puberulic Acid"

Kunsei Club Co., Ltd. (Hayashima-cho, Tsukubo-gun, Okayama Prefecture, Representative Director: Masaaki Mori) announces that it has filed an administrative appeal with the Mayor of Osaka City seeking the revocation of the "Decision of Non-Existence for Non-Disclosure" dated April 20, Reiwa 8 (2026) (Daidaiho No. 8033). This release organizes and publicizes confirmed facts regarding the administrative documents received by our company and the content of the appeal filed.

Appeal Summary

- Appellant: Kunsei Club Co., Ltd. (Representative Director Masaaki Mori)

- Appellate Authority: Hideyuki Yokoyama, Mayor of Osaka City

-Subject Decision: Decision of Non-Existence for Non-Disclosure, Daidaiho No. 8033, dated April 20, Reiwa 8 (2026)

-Purpose of Appeal: To revoke the aforementioned Decision of Non-Existence for Non-Disclosure and to request a lawful decision after conducting a thorough investigation into the existence of the documents.

-Basis of Law: Article 2 of the Administrative Appeal Act (Act No. 68 of 2014)

Chronology from Information Disclosure Request to Appeal

-April 4, Reiwa 8 (2026): Our company requested the disclosure of all administrative documents from the City of Osaka that clarify the decision-making process leading to the use of the term "puberulic acid" in the matter related to the red yeast rice manufactured by Kobayashi Pharmaceutical Co., Ltd., from March 22, Reiwa 6 (2024) onwards.

-April 20, Reiwa 8 (2026): Mayor of Osaka City issues "Decision of Non-Existence for Non-Disclosure" (Daidaiho No. 8033).

-April 22, Reiwa 8 (2026): Minister of Health, Labour and Welfare issues "Decision of Non-Disclosure" (Koseirosohatsu Kensei 0422 No. 2) for related requests.

-June, Reiwa 8 (2026): Our company files an administrative appeal with the Mayor of Osaka City.

Content of the Decision of Non-Existence for Non-Disclosure (Daidaiho No. 8033)

Under the provisions of Article 10, Paragraph 2 of the Osaka City Information Disclosure Ordinance, the Mayor of Osaka City stated the following reason for not holding public documents:

"As the City has not made a decision to use the term 'puberulic acid,' no such public document was created or acquired in the first place, and it therefore does not actually exist."

(Source: Notification of Decision of Non-Existence for Non-Disclosure, Daidaiho No. 8033, dated April 20, Reiwa 8 (2026))

Reasons Stated in the Appeal

In our appeal, we stated that the aforementioned Decision of Non-Existence is illegal and unjust for the following three reasons:

(1) Relationship with the National Government's (Ministry of Health, Labour and Welfare) Decision of Non-Existence

The Minister of Health, Labour and Welfare also made a decision of non-disclosure (Koseirosohatsu Kensei 0422 No. 2, dated April 22, Reiwa 8 (2026)), stating that "there is no record of 'puberulic acid' being identified as a causative substance and publicly announced" in the red yeast rice related incident of Reiwa 6 (2024). While the national government (Ministry of Health, Labour and Welfare) and Osaka City both state that "there is no record of puberulic acid being identified as a causative substance" and "no decision was made," the Osaka City Public Health Center created and distributed public documents using the term "puberulic acid" in March of Reiwa 6 (2024). Our appeal stated that it is difficult to believe that the term was used without a decision-making process.

(2) Relationship with Article 4 of the Public Records and Archives Management Act

Article 4 of the Act on the Management of Public Records and Archives obligates administrative agency officials to create documents that allow for reasonable tracing or verification of administrative decision-making processes, operations, and achievements. Our appeal stated that the red yeast rice related incident of Reiwa 6 (2024) was a significant national food sanitation administrative matter, and if the Osaka City Public Health Center had been responding using the specific chemical name "puberulic acid," it would have been legally required to retain records of the process, judgment, and consultations.

(3) Scope of Document Search

The administrative documents subject to the disclosure request include not only "documents resulting from decision-making" but also "all administrative documents related to the process of examination, inquiry, consultation, reporting, etc." (including meeting materials, minutes, memos, and emails). Our appeal stated that even if a formal decision was not made, no affirmative evidence has been provided to show the non-existence of documents related to these processes.

Attached Documents to the Appeal

1. Copy of the Notification of Decision of Non-Existence for Non-Disclosure, Daidaiho No. 8033, dated April 20, Reiwa 8 (2026)

2. Copy of the Notification of Administrative Document Non-Disclosure Decision, Koseirosohatsu Kensei 0422 No. 2, dated April 22, Reiwa 8 (2026)

Positioning of This Matter

Our company has filed information disclosure requests with multiple administrative agencies to confirm the process of administrative response regarding "puberulic acid" in the red yeast rice related incident of Reiwa 6 (2024), and has sequentially filed administrative appeals against decisions of non-disclosure and non-existence. This matter is one of those cases. We will disclose information again once the results of the appeals are determined.

Company Profile

-Company Name: Kunsei Club Co., Ltd.

-Representative: Representative Director & Pharmacist Masaaki Mori

-Location: 611-1 Maegata, Hayashima-cho, Tsukubo-gun, Okayama Prefecture, 701-0303

-TEL: 086-483-0602

-Email: sales@kunsei.co.jp

Related Site

Red Yeast Rice Problem Verification Site: https://kunsei.com/archives/category/benikoji