Foia

[maxx]

Has anyone here tried to force the FDA to turn over all information they have concerning electronic cigs, via the Freedom Of Information Act (FOIA)? What did they charge and did they honor a fee waiver request?

I have been looking into this and the FDA can charge just about anything they want and may or may not present the cost up front....but rather bill afterwards. They charge for time and copying....and of course, it is impossible to determine how long such a request would take to fill. It's my understanding that government agencies will waive the fee if it isn't too big a job (like all information concerning cancer for example) and the request is not for commercial purposes. But even in a small case....it could easily run into hundreds of dollars.

 

[deitra]

Just a little bump so anyone can give u a great answer.

 

[StormFinch]

Nice thought Maxx, I think it would definitely be worth the effort.

One of the British forum members said that they had been in contact with their regulatory agency and were told that they (the MHRA) were requesting more information from the FDA. I'll be curious to see if anything happens there.

 

[noo]

I might actually try to prepare a letter this evening. I have a template, from when I requested FOIA information on myself

(There wasn't much, but it had some useful credit information)

 

[maxx]

It seems like a logical thing to do. First...it gives us some idea what sort of ammunition the FDA has. Second...if they made a mistake, it can be used. And lastly, if they withhold information illegally...it can be used against them later. I wanted to make the request, but I am in no position to enter into an open-ended agreement on fees....so asked here to see if it has already been done.

 

[Storyspinr]

The FDA website has a FOIA page, which explains the procedure and fees. They also have an "electronic reading room", where you can access material on the e cig, ranging from their lab reports to their press conference. I would think a request should be made for any and all written correspondence and reports germaine to the electronic cigarette, excluding the material listed in the electronic reading room.

As for the fees, if I remember correctly, for a consumer or consumer group making an FOIA request, the first two hours of research and first 100 copied pages are free. After that, they can charge you the hourly rate for whatever government employee is used for the research, and for each page copied. You can also set a cost limit and they have to notify you if the cost will exceed that amount.

As someone who worked for the government years ago, there is nothing that creates havoc like an FOIA request (other than a Congressional inquiry). They have 20 days to respond. Be forewarned, however, there are all kinds of loopholes which enable them to withhold certain materials.

Still, the thought of them racing around trying to figure out how to handle it is just so entertaining....

 

[Fataliya]

A couple questions:

Is it possible for someone to post a direct link or links to the FOIA articles in the electronic reading room? I'm having trouble.

Is it possible (and legal) to post those articles to my FB page?

I have like...1600 friends or so and would really like to get as much info out there as possible.

 

[Janetda]

Electronic Reading Room