Informed Consent Action Network v. Food and Drug Administration

Summary

The United States District Court for the District of Columbia considered Defendants’ motion to stay a FOIA action brought by Informed Consent Action Network against the FDA and HHS. The court found exceptional circumstances and due diligence supporting an Open America stay, but denied the requested eighteen-month duration. The court stayed the matter until October 1, 2026, and ordered the parties to file a joint status report by that date.

Holdings

1. A court may retain jurisdiction and allow an agency additional time to complete its FOIA review when the agency demonstrates exceptional circumstances and due diligence.
2. Defendants demonstrated exceptional circumstances because the FDA office processing the request faced an unforeseeable and unprecedented workload caused by Texas-court production orders, compounded by increased FOIA requests and related litigation.
3. Defendants demonstrated due diligence by maintaining a multi-track, generally first-in, first-out processing system and taking steps to hire, train, reassign, and organize personnel and resources to address the workload.
4. An eighteen-month stay was not warranted, but a stay through October 1, 2026, approximately eight months from the order, was necessary and appropriate.

Questions Presented

1. Whether the court may stay a FOIA action under the Open America doctrine when the agency demonstrates exceptional circumstances and due diligence.
2. Whether defendants demonstrated exceptional circumstances warranting a stay of proceedings.
3. Whether defendants demonstrated due diligence in processing FOIA requests.
4. Whether the requested eighteen-month stay was warranted, or whether a shorter stay was appropriate.

Disposition

other