FOIA (Freedom of Information Act)

The Freedom of Information Act, or FOIA, codified at 5 U.S.C. 552, gives the public the right to request records from federal executive branch agencies. Since 1967, FOIA has required federal agencies to disclose requested information unless it falls under one of nine exemptions, which protect interests such as personal privacy, national security, and law enforcement. Anyone can file a request; you do not need to be a U.S. citizen or explain why you want the records. States have their own public records laws for state and local agencies.

Agencies have deadlines. Under 5 U.S.C. 552(a)(6)(A), an agency must decide within 20 working days after receiving a request whether it will comply, though it can extend that time in unusual circumstances. Requesters can appeal denials and, after exhausting appeals, sue in federal court. Agencies may charge fees for searching and copying, with reductions for some requesters.

FOIA is a quiet but important tool in consumer and injury litigation. Attorneys and journalists use it to obtain FDA adverse event data, inspection reports, and warning letters about drugs and devices, safety complaints filed with regulators, government contracts, and agency correspondence with companies. Those records can help show what a company knew and when, which is often central to failure-to-warn and fraud claims.

If you are researching a product problem, the agency's FOIA reading room may already have posted what you need. See our guides on what a lawsuit investigation means and on whistleblower lawsuits, where public records can affect whether a claim can proceed.