FDA Close-Hold Embargoes (2019-2021)

To Whom It May Concern:

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

- All documents and records (both electronic and print) related to "close-hold embargo" agreements between the FDA and news media outlets in the U.S. between the dates of January 1, 2019 and November 1, 2021, including but not limited to any written or typed formal or informal agreements between FDA representatives and editors, publishers, reporters, etc.

For clarification about the specific embargoes/agreements to which I am referring, please refer to the following article in Scientific American from 2016, which explains the practice in detail: https://www.scientificamerican.com/article/how-the-fda-manipulates-the-media/

The requested 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 regularly published by print and digital news outlets and magazines. You can view my portfolio at www.erinmariemiller.com/journalism.

Disclosure of the requested information to me is in the public interest because it is likely to contribute significantly to public understanding of the impact of decisions, operations and/or activities of the government and is not primarily in my commercial interest.

Because this request is being made as part of a news-gathering effort with a high likelihood of publication, I request a waiver of all fees.
 If a fee waiver is not granted, I am willing to pay up to $25 for the requested information. If the fee for this request exceeds this amount, please notify me in writing prior to beginning 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 Marie Miller

Hi -- this request seems to have never been submitted to the agency by MuckRock. Can you please check on this and make sure it was received?

Hello,

I am following up on the FOIA request submitted via MuckRock on Nov. 3, 2021. I have not received a response from your agency. Please update me as to the status of my request ASAP.

The language of the request follows:

--

To Whom It May Concern:

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

- All documents and records (both electronic and print) related to "close-hold embargo" agreements between the FDA and news media outlets in the U.S. between the dates of January 1, 2019 and November 1, 2021, including but not limited to any written or typed formal or informal agreements between FDA representatives and editors, publishers, reporters, etc.

For clarification about the specific embargoes/agreements to which I am referring, please refer to the following article in Scientific American from 2016, which explains the practice in detail: https://www.scientificamerican.com/article/how-the-fda-manipulates-the-media/

The requested 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 regularly published by print and digital news outlets and magazines. You can view my portfolio at www.erinmariemiller.com/journalism.

Disclosure of the requested information to me is in the public interest because it is likely to contribute significantly to public understanding of the impact of decisions, operations and/or activities of the government and is not primarily in my commercial interest.

Because this request is being made as part of a news-gathering effort with a high likelihood of publication, I request a waiver of all fees.
 If a fee waiver is not granted, I am willing to pay up to $25 for the requested information. If the fee for this request exceeds this amount, please notify me in writing prior to beginning 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 Marie Miller

To Whom It May Concern:

I am following up on the FOIA request submitted via portal on Nov. 3, 2021. (See request history: https://www.muckrock.com/foi/united-states-of-america-10/fda-close-hold-embargoes-2019-2021-120889)

For your reference, the language of the original request submitted on Nov. 3, 2021 is as follows. You can also view it at the aforementioned link. I never received an acknowledgement, nor did I receive a determination letter for this request. I never received a response from your agency about the request whatsoever, in fact.

Please update me about the status of my request as soon as possible.

--

To Whom It May Concern:

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

- All documents and records (both electronic and print) related to "close-hold embargo" agreements between the FDA and news media outlets in the U.S. between the dates of January 1, 2019 and November 1, 2021, including but not limited to any written or typed formal or informal agreements between FDA representatives and editors, publishers, reporters, etc.

For clarification about the specific embargoes/agreements to which I am referring, please refer to the following article in Scientific American from 2016, which explains the practice in detail: https://www.scientificamerican.com/article/how-the-fda-manipulates-the-media/

The requested 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 regularly published by print and digital news outlets and magazines. You can view my portfolio at www.erinmariemiller.com/journalism.

Disclosure of the requested information to me is in the public interest because it is likely to contribute significantly to public understanding of the impact of decisions, operations and/or activities of the government and is not primarily in my commercial interest.

Because this request is being made as part of a news-gathering effort with a high likelihood of publication, I request a waiver of all fees.
 If a fee waiver is not granted, I am willing to pay up to $25 for the requested information. If the fee for this request exceeds this amount, please notify me in writing prior to beginning 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 Marie Miller

I was never provided with a control number. The agency never responded to the request as required by the FOIA, hence my multiple follow ups. Here is a link to view the request history: https://www.muckrock.com/foi/united-states-of-america-10/fda-close-hold-embargoes-2019-2021-120889