FOIA Advisor

Court opinion issued Feb. 21, 2024

Court Opinions (2024)Allan BlutsteinComment

AMA Sys. v. FDA (D. Md.) -- concluding that: (1) with exception of one email authored by FDA, agency properly invoked Exemption 4 to withhold its file concerning company’s unsuccessful application to produce single-use surgical masks as personal protective equipment during COVID pandemic; (2) agency was not required to meet the foreseeable harm test because all information protected under Exemption 4 was barred from disclosure under the Trade Secrets Act.

Summaries of all published opinions issued in 2024 are available here. Earlier opinions are available here.