Informed Consent Action Network v. Food and Drug Administration

Informed Consent Action Network · United States District Court for the District of Columbia · January 29, 2026 · No. Civil Action No. 2025-0824 (GMH)

Summary

The United States District Court for the District of Columbia grants the government's motion to stay ICAN's FOIA action. The court holds that the government demonstrated exceptional circumstances and due diligence under 5 U.S.C. § 552(a)(6)(C)(i), and orders the case stayed through April 16, 2027.

Holdings

  1. FOIA authorizes a court to modify production timelines, including by staying proceedings, when the agency demonstrates exceptional circumstances and due diligence.
  2. The government established exceptional circumstances because the PHMPT litigation imposed extraordinary document-production obligations that substantially exceeded ordinary FOIA processing capacity.
  3. The government exercised due diligence in responding to the FOIA request.

Questions Presented

  1. Whether the court had authority under FOIA to stay the action and modify the statutory production timeline.
  2. Whether the government demonstrated exceptional circumstances and due diligence under 5 U.S.C. § 552(a)(6)(C)(i).

Disposition

other

Cases Cited (9)

  • Open Am. v. Watergate Special Prosecution Force, 547 F.2d 605, 616 (D.C. Cir. 1976)(followed)
  • Informed Consent Action Network v. FDA, 2025 WL 2938703, at *2-*3 (D.D.C. Oct. 16, 2025)(followed)
  • Democracy Forward Found. v. Dep’t of Just., 354 F. Supp. 3d 55, 61-62 (D.D.C. 2018)(followed)
  • Appleton v. FDA, 254 F. Supp. 2d 6, 9-10 (D.D.C. 2003)(followed)
  • Child.’s Health Def. v. FDA, No. 23-cv-220, 2024 WL 147851, at *3 (D.D.C. Jan. 12, 2024)(followed)
  • Informed Consent Action Network v. FDA, No. 25-cv-827, 2025 WL 2480080, at *1 (D.D.C. Aug. 28, 2025)(followed)
  • Elec. Frontier Found. v. Dep’t of Just., 517 F. Supp. 2d 111, 119 (D.D.C. 2007)(followed)
  • Edmond v. U.S. Att’y, 959 F. Supp. 1, 3 (D.D.C. 1997)(followed)
  • Landis v. North American Co., 299 U.S. 248, 254 (1936)(not reached)

Cited In (0)

No citing cases on record yet.

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