Juul Labs v. FDA (D.D.C.) -- in case concerning agency’s denial of market approval for plaintiff’s e-cigarette products, concluding that: (1) agency properly relied on Exemption 5’s deliberative process privilege to withhold certain review memos drafted by agency scientists, as well as one “Technical Project Lead” review memo, but ordering FDA to review records submitted in camera that appeared to contain “purely descriptive” material; and (2) FDA established that disclosure would cause foreseeable harm by confusing the public and chilling agency deliberations.
Summaries of all published opinions issued in 2024 are available here. Earlier opinions are available here.