FOIA Response Produces Additional CDC and FDA Emails About Myocarditis, Cites Deliberative and Privacy Exemptions for Withheld Content

The letter below accompanied a response to a Freedom of Information Act (FOIA) request for emails containing the word myocarditis sent and received by certain CDC personnel from February 1, 2021, through May 31, 2021. The CDC referred part of the request to the FDA, resulting in the release of 10 additional pages of records. Some content was withheld under FOIA Exemptions (b)(5) and (b)(6). Exemption (b)(5) protects pre-decisional, deliberative materials to preserve open discussion and Exemption (b)(6) protects personal privacy. The letter explains appeal rights and recommends specificity on appeal.