FDA: Dr. Jeff Bradstreet

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Reference: FDA1958609
Dear Requester,
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pursuant to the Freedom of Information Act.
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Stephan Neidenbach Stephan Neidenbach

Re: Confirmation # FDA1958609
In Reply refer to: 2019-9240

The Food and Drug Administration (FDA) has received your Freedom of Information Act (FOIA) request for records regarding:

FDA files on Dr. Jeff Bradstreet

Original Subject: To Whom It May Concern: Pursuant to the Freedom of Information Act, I hereby request the following records: I am seeking FDA files on Dr. Jeff Bradstreet (deceased), his death was reported via multiple news outlets in 2015. https://www.gwinnettdailypost.com/archive/controversial-autism-researcher-jeff-bradstreet-commits-suicide-after-fda-raid/article_f5192b34-9d05-504f-973a-4778728ede09.html The requested documents will be made available to the general public, and this request is not being ma...

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Division of Freedom of Information, U.S. Food and Drug Administration
5630 Fishers Lane, Room 1035
Rockville, MD 20857
Fax:(301)827-9267

You also have the right to seek dispute resolution services from:

FDA FOIA Public Liaison
Office of the Executive Secretariat
5630 Fishers Lane, Room 1050
Rockville, MD 20857

E-Mail: FDAFOIA@fda.hhs.gov

and/or:

Office of Government Information Services
National Archives and Administration
8601 Adelphi Road ? OGIS
College Park, MD 20740-6001

Telephone: 202-741-5770
Toll-Free: 1-877-684-6448
E-mail: ogis@nara.gov
Fax: 202-741-5769

10/31/2019
Dear Requestor,
The attached record(s) are being provided by the Office of Regulatory Affairs (ORA), Division of Information Disclosure Policy (DIDP) - Office of Criminal Investigations (OCI), in response to your request 2019-9240, for records from the Food and Drug Administration (FDA) pursuant to the Freedom of Information Act (FOIA) regarding:

FDA files on Dr. Jeff Bradstreet (deceased)

Your request is granted in part.

After a thorough review of the responsive records, we have determined that portions of the documents are exempt from disclosure under FOIA exemptions (b)(4), (b)(5), (b)(6), and (b)(7) of the FOIA 5 U.S.C. § 552, as amended and delineated below:

* Exemption (b)(4) permits the withholding of "trade secrets" (TS) and "commercial confidential information" (CCI). Disclosure of this information would impair the government's ability to obtain necessary information in the future and cause substantial harm to the competitive position of the person from whom the information was obtained. Under the balancing test of this exemption, we are withholding all proprietary information identified as TS and CCI.

* Exemption (b)(5) permits the withholding of inter-agency or intra-agency communications records which are part of the deliberative process and pre-decisional. Disclosure of such material could inhibit the open and candid expression of opinions and diminish the quality of the decision-making process.

* Exemption (b)(6) permits the withholding of information which, if released, would constitute a clearly unwarranted invasion of personal privacy. In this case, it was determined that there is no countervailing public interest qualifying under the standard set forth, under exemption (b)(6), to release the personal identifying information of certain third parties.

* Exemption (b)(7) protects from disclosure "records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information (A) could reasonably be expected to interfere with enforcement proceedings, (C) could reasonably be expected to constitute an unwarranted invasion of personal privacy, (E) would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law, or (F) could reasonably be expected to endanger the life or physical safety of any individual.

OCI considers your request closed. If you have any questions about this response, you may contact Fran Seiner at 301-821-2089.

You have the right to appeal this determination. By filing an appeal, you preserve your rights under FOIA and give the agency a chance to review and reconsider your request and the agency's decision. Your appeal must be mailed within 90 days from the date of this response to:

Agency Chief FOIA Officer
U.S. Department of Health and Human Services
Office of the Assistant Secretary for Public Affairs
Room 729H
200 Independence Avenue, S.W.
Washington, DC 20201
Email: FOIARequest@PSC.hhs.gov<mailto:FOIARequest@PSC.hhs.gov>

Please clearly mark both the envelope and your letter or email "FDA Freedom of Information Act Appeal."

If you would like to discuss our response before filing an appeal to attempt to resolve your dispute without going through the appeals process, please contact Fran Seiner. You may also contact the FDA Public Liaison for assistance at:

Office of the Executive Secretariat

U.S. Food & Drug Administration

5630 Fishers Lane

Room 1050

Rockville, MD 20857

Email: FDAFOIA@fda.hhs.gov<mailto:FDAFOIA@fda.hhs.gov>

If you are unable to resolve your FOIA dispute through our FOIA Public Liaison, the Office of Government Information Services (OGIS), Federal FOIA Ombudsman's office, offers mediation services to help resolve disputes between FOIA requesters and Federal agencies. The contact information for OGIS is as follows:

Office of Government Information Services
National Archives and Records Administration
8601 Adelphi Road - OGIS
College Park, MD 20740-6001
Phone: 202-741-5770
Toll-Free: 877-684-6448
Email: ogis@nara.gov<mailto:ogis@nara.gov>

Please do not submit payment until you receive an invoice. The following charges for this request to date may be included in a monthly invoice:

Search = $11.50; Review = $34.50; Administrative Fee = $5.75: Total = $51.75

Sincerely,

Frances M. Seiner
OCI, FOIA Officer