FOIA Is Not Freedom For Plaintiffs To Drug Trade Secrets

Law360, New York (September 25, 2014, 10:22 AM EDT) -- The Freedom of Information Act was originally enacted to restrict the government’s ability to keep its activities secret from the public. Many private entities, however, make submissions to the government, and in the almost half-century since FOIA was enacted, these private submissions have become prime targets for FOIA actions. FOIA disclosure of private submissions is cabined by a number of exceptions, the most notable of which protects trade secrets — information that is both "commercial" and "confidential."

Manufacturers and distributors of prescription medical products have been subject in recent years to increased threat of government prosecution for “promotion” of off-label uses of...

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