Rozema v. HHS, No. 16-1472, 2017 WL 1016824 (2d Cir. Mar. 15, 2017) (per curiam)

Rozema v. HHS, No. 16-1472, 2017 WL 1016824 (2d Cir. Mar. 15, 2017) (per curiam)

Re: Request for data gathered detailing quantity of menthol in cigarettes by brand

Disposition: Affirming district court's grant of government's motion for summary judgment

• Exemption 4: The Court of Appeals for the Second Circuit "conclude[s] that the FDA correctly applied the FOIA exemption to deny [the requester's] FOIA request." The court notes that "[the requester] acknowledges that the data he requested – the quantity of menthol in cigarettes by brand – contains trade secrets and confidential commercial information within the meaning of the FOIA exemption and is, therefore, exempt from disclosure." Additionally, the court "[has] considered [the requester's] remaining arguments and conclude[d] that they are without merit."