Informed Consent Action Network v. Food and Drug Administration

Summary

The United States District Court for the District of Columbia stayed the consolidated FOIA litigation until November 6, 2026, based on the FDA's showing of exceptional circumstances and due diligence under the Open America doctrine. The court denied the plaintiff's request for discovery concerning the FDA's multitrack FOIA processing and directed the parties to file a joint status report by the stay's end date.

Holdings

1. The FDA demonstrated both exceptional circumstances and due diligence, and therefore was entitled to a stay of the FOIA proceedings through November 6, 2026.
2. Plaintiff's request for discovery was denied because the proposed discovery would increase the burden on the FDA and there was no evidence of bad faith warranting further disclosure of the agency's internal processes.

Questions Presented

1. Whether the FDA demonstrated exceptional circumstances and due diligence sufficient to justify an Open America stay of the FOIA proceedings.
2. Whether Plaintiff was entitled to discovery concerning the FDA's multitrack FOIA processing system.

Disposition

other