Reject FDA Privilege Claim in FOIA Case: WLF
Washington Legal Foundation (WLF) says the DC Circuit federal court should reject an FDA claim of privilege in denying a Freedom of Information Act request. The case involves Vanda Pharmaceuticals’ suit seeking to compel the agency to produce drug review records associated with the company’s sNDA for Hetlioz (tasimelteon) for treating jet lag disorder that received a 2019 complete response letter.
A WLF amicus brief urges the court to grant summary judgment to Vanda’s FOIA request. WLF says that disclosing the reviews would not chill frank discussion within FDA because agency staff have no reason to expect that the documents would be withheld in the first place. FDA routinely discloses medical and statistical reviews when applications are ultimately approved, WLF says, and the reviews become part of the administrative record when a drug sponsor appeals an application’s denial in federal court.
According to the WLF brief, the deliberative-process privilege is the most widely abused FOIA exemption.