Reading Room Document

Release to a Court of Trade Secret Information Protected Under the Federal Food, Drug, and Cosmetic Act

This document discusses the release of trade secret information to a court for the purpose of litigation. The Department is defending personal injury and wrongful death actions related to the National Swine Influenza Immunization Program of 1976. The manufacturers owning the trade secrets have consented to such release. The document concludes that the Department may properly release the documents in the pending litigation, as the manufacturers can waive their right to protection of their trade secrets. The questions presented for review include whether the Department may release documents containing trade secret information acquired under the authority of the Federal Food, Drug, and Cosmetic Act in discovery proceedings.

September 1, 1978