Heeney

Heeney v. Food & Drug Administration

Good Law
7 F. App'x 770
United States Court of Appeals for the Ninth CircuitApril 12, 200199-56269California892 words

Opinion

Lead Opinion

MEMORANDUM *

John Heeney brought this action under the Freedom of Information Act, seeking *771 files held by the Food and Drug Administration regarding an electrode catheter distributed by Boston Scientific Corporation. Acting on Heeney’s request, the FDA released its files but withheld information that it considered to be trade secrets or confidential. The district court ordered that some additional information be disclosed, but otherwise upheld the agency’s decision. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

DISCUSSION

The Freedom of Information Act “mandates a policy of broad disclosure of government documents when production is properly requested.” Bowen v. FDA, 925 F.2d 1225, 1226 (9th Cir.1991) (internal quotation omitted). Nonetheless, there are statutory exemptions that prohibit the government from disclosing certain information. See 5 U.S.C. § 552 (b)(l)-(9). An agency that invokes one of these exemptions “has the burden of proving that the information falls under the claimed exemption.” See GC Micro Corp. v. Defense Logistics Agency, 33 F.3d 1109, 1113 (9th Cir.1994). We do not require, however, the agency “to specify its objections to…

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