Emails Mentioning "Embargo" 2020-2021 (FDA Office of Media Affairs)

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

1. All emails that include and/or contain the word "embargo" that were sent to, from, and/or between any of the following email addresses between the dates of 3/1/2020 and the date this request is ultimately processed:

abigail.Capobianco@fda.hhs.gov
alison.hunt@fda.hhs.gov
amanda.turney@fda.hhs.gov
angela.stark@fda.hhs.gov
april.grant@fda.hhs.gov
audra.Harrison@fda.hhs.gov
brad.kimberly@fda.hhs.gov
brittney.Manchester@fda.hhs.gov
chanapa.Tantibanchachai@fda.hhs.gov
courtney.Rhodes@fda.hhs.gov
daniel.Hetlage@fda.hhs.gov
emma.Spaulding@fda.hhs.gov
fdaoma@fda.hhs.gov
gloria.sanchez-contreras@fda.hhs.gov
heather.Janik@fda.hhs.gov
heidi.Rebello@fda.hhs.gov
james.McKinney@fda.hhs.gov
jane.hubbard@fda.hhs.gov
jennifer.dooren@fda.hhs.gov
jeremy.kahn@fda.hhs.gov
kimberly.DiFonzo@fda.hhs.gov
kristin.jarrell@fda.hhs.gov
Lauren-Jei.McCarthy@fda.hhs.gov
lindsey.okeefe@fda.hhs.gov
lyndsay.meyer@fda.hhs.gov
megan.mcseveney@fda.hhs.gov
michael.felberbaum@fda.hhs.gov
monique.Richards@fda.hhs.gov
nathan.arnold@fda.hhs.gov
nicole.mueller@fda.hhs.gov
peter.Cassell@fda.hhs.gov
sarah.Peddicord@fda.hhs.gov
shannon.Hatch@fda.hhs.gov
shirley.Simson@fda.hhs.gov
stephanie.caccomo@fda.hhs.gov
tara.rabin@fda.hhs.gov
usfda@public.govdelivery.com
veronika.Pfaeffle@fda.hhs.gov

Please also make sure to include all attachments to those emails.

None of the keywords cited in this request should be interpreted by your agency as being case sensitive during the search and retrieval process.

When delivering the responsive documents related to this request, please make sure to specifically certify that no other responsive documents exist beyond those provided by your agency as part of this request.

The requested documents and information will be made available to the general public, and this request is not being made for commercial purposes.

In order to help determine my status to assess fees, you should know that I am a freelance journalist whose work is published frequently by print and digital news outlets and magazines. I have previously been classified as a media requester by other federal agencies, including the CDC, when requesting information under the FOIA. You can view my work at www.erinmariemiller.com/clips. As a member of the media, I request a waiver of all fees.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I am willing to pay up to $25 for the requested information. If there is a fee that exceeds that amount, please notify me prior to initiating work on the request.

I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Erin Miller

Hi Sarah,

I called the number listed in your email signature (301-796-8976) and left a message on your voicemail today (1/6/2022) at 1:13 p.m. Eastern Time. Feel free to call me back at the number I provided in my message at your earliest convenience; you can also send me your availability if you'd prefer to schedule a time to talk.

Thank you,

Erin Miller

Hi Sarah,

Thank you so much for taking the time to discuss my requests, and for your recommendations about how to narrow my requests for efficiency. I really appreciate it! Per our conversation about FOIA request Control #2022-98, please narrow it down to the following parameters:

1. All emails that include and/or contain the word "embargo" that were sent to, from, and/or between the following email addresses between the dates of 3/1/2020 and the date this request is ultimately processed: heidi.Rebello@fda.hhs.gov ; michael.felberbaum@fda.hhs.gov

Please let me know once you know how many responsive emails your agency will need to review under this more narrow request, prior to beginning any further work. If necessary at that time, we can discuss narrowing the search further depending on the volume of emails.

I will email you separately about the other requests we discussed, in order to keep everything organized.

Thank you, again!

- Erin Miller

FDA FOIA Public Liaison
Office of the Executive Secretariat
US Food Administration
5630 Fishers Lane, Room 1050

Re: APPEAL - Freedom of Information Act

To Whom It May Concern:

This is an appeal under the Freedom of Information Act regarding FDA FOIA Control #: 2022-98.

On Dec. 28, 2021, I requested records under the Freedom of Information Act from the FDA pertaining to "All emails that include and/or contain the word 'embargo' that were sent to, from, and/or between specific email addresses between the dates of 3/1/2020 and the date this request is ultimately processed, including their attachments." I also provided a specific list of email addresses belonging to officials at the FDA.

On Dec. 29, 2021, I received confirmation from the FDA that my request had been received and was provided with reference number FDA2179960.

On Jan. 4, 2022, I received an acknowledgement letter from director Sarah Kotler letting me know that the agency would respond to my request with a determination and let me know about fees, and informing me that the agency needed an extra 10 days to respond.

On Jan. 5, 2022, Sarah Kotler contacted me asking to speak with me by phone about my request.

On Jan. 6, 2022, I called the number Ms. Kotler had provided to me but was unable to reach her.

On Jan. 7, 2022, I finally spoke with Ms. Kotler by phone. She recommended that I narrow my search parameters down to the following to speed up the process of retrieving the requested information: "All emails that include and/or contain the word 'embargo' that were sent to, from, and/or between the following email addresses between the dates of 3/1/2020 and the date this request is ultimately processed: heidi.Rebello@fda.hhs.gov ; michael.felberbaum@fda.hhs.gov."

I agreed to Ms. Kotler's recommendation to narrow the request to the above parameters by phone, and then sent a follow-up email immediately following our conversation confirming the same.

After my phone conversation with Ms. Kotler, my email address was suddenly classified as spam by the FDA. Because of that, my follow-up emails would not go through to Ms. Kotler. Instead, a traditional letter was sent by mail, which Ms. Kotler confirmed receipt of in an email sent to me on 1/25/2022.

It is now June 28, 2022 and I still have not received a determination letter for my request. I assume the request was approved, because Ms. Kotler sent an email response to my follow-up questions on 3/28/2022 and 4/27/2022 letting me know the agency was preparing a significant volume of records. However, I was never provided with a determination letter letting me know whether my request was approved or denied, or informing me of my fee status as a media requester.

As far as I am aware, the FDA is required by the FOIA to provide me with a determination about my request status and my fee status within 30 days of my request, both of which I still have not received over six months later.

I have attached copies of the only two letters I've received from Ms. Kotler regarding FDA FOIA Control #: 2022-98.

If you have any questions while handling this appeal, you can contact me at the email address listed below. I would prefer that all communications related to this appeal be in writing if possible, so I am not providing a phone number.

Thank you for your consideration of this appeal.

Sincerely,

Erin Miller
requests@muckrock.com
MuckRock News DEPT MR 122415 411A Highland Ave
Somerville MA 02144-2516 US

Hi,

Thanks so much for your help with this request! I really appreciate it.

Sincerely,
Erin Marie Miller