Tags: FDA, FOIA, public records, HHS, transparency, government layoffs, vaccine litigation
Reversal Follows Backlash Over Mass Firings
The Food and Drug Administration has reinstated several employees responsible for handling Freedom of Information Act (FOIA) requests, reversing a recent round of mass layoffs. These staff members, tasked with releasing public records related to the FDA’s regulatory work, had previously received termination notices as part of a sweeping effort by the Department of Health and Human Services (HHS) to cut 20,000 positions.
The reinstated workers were notified to return to their roles immediately. No specific reason was provided in official documents, though one staff member reported being told their role was deemed “mission critical.”
FOIA Operations Had Ground to a Halt
The original layoffs, which affected 10,000 HHS employees — including 3,500 from the FDA — had severely disrupted FOIA operations. Staff responsible for processing requests related to medical devices, vaccines, tobacco, and other regulatory areas were dismissed, including those working under court-ordered deadlines.
As a result, the FDA reportedly missed multiple court-ordered document release deadlines in April. FOIA divisions across other HHS agencies, including the Centers for Disease Control and Prevention (CDC) and the National Institutes of Health (NIH), were also heavily impacted.
Transparency Law Under Strain
FOIA, a critical tool for ensuring government transparency, requires agencies to release documents upon request. These records provide essential insights into public health and regulatory decision-making. The law is widely used by journalists, advocacy groups, law firms, and the public to hold government agencies accountable.
At HHS, FOIA requests have uncovered vital information, such as CDC reports on disease outbreaks and FDA inspections of food and drug manufacturing facilities.
Pressure Mounts from Public and Officials
Public and political pressure mounted following the layoffs. HHS Secretary Robert F. Kennedy Jr. later announced that the agency was restoring its FOIA offices. He emphasized the importance of improving public access to information and pledged to increase the amount of material posted online.
Despite the FDA’s partial reversal, CDC FOIA staff had not been reinstated as of the latest updates. In an ongoing legal challenge, the Justice Department stated that the restructuring is part of a valid Executive Order aimed at enhancing transparency through operational efficiency.
Legal Pressure and Sensitive FOIA Lawsuits
Some exceptions were made during the layoffs. A portion of the FDA’s FOIA staff working on court-ordered vaccine-related lawsuits were not let go. These cases involve litigation over the release of documents tied to Pfizer and Moderna’s COVID-19 vaccines, filed by attorney Aaron Siri on behalf of an organization critical of vaccine mandates.
Siri, a former legal representative of Robert F. Kennedy Jr. during his presidential campaign, has led several FOIA lawsuits targeting vaccine safety disclosures. The FDA remains under a court order to produce documents in these cases by June 30.
During the last fiscal year, the FDA responded to over 12,000 FOIA requests — a testament to the critical role these workers play in maintaining transparency in public health governance.
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