On April 22, 2019, the U.S. Supreme Court heard oral arguments in a case that has far-reaching implications when it comes to your confidential commercial information. FMI is a named party in the case because we ardently believe in defending our industry’s right to compete on a level playing field and its ability to serve a customer base as diverse as the nation’s palate.

Background

The issue before the Court in Food Marketing Institute vs. Argus Leader Media is whether FOIA’s Exemption 4 protects from mandatory disclosure store-level SNAP redemption data. Retailers carefully safeguard such sensitive information, which has significant value to competitors. FMI therefore intervened in the lawsuit on appeal to argue that store-level SNAP redemption data constitutes confidential commercial information, and is therefore exempt from disclosure under FOIA. Argus Leader, a South Dakota newspaper owned by Gannett, has argued that taxpayers have a right to know where government dollars are spent. FMI and its members don’t disagree with that general proposition—but food retailers of all sizes and geographic locations have expressed apprehension about the release of this individualized, highly granular information, which says less about how and where government money is spent than on the specific competitive position of particular stores and companies. Smaller companies have expressed concern over larger U.S. competitors receiving the data, and larger U.S. players have expressed concern about international online operators without existing U.S. stores gaining access to this confidential sales data.

Key Dates

Summer 2019 - Anticipated Decision

April 22, 2019 - Oral Arguments Before the Supreme Court
Download Oral Arguments Transcript | Listen to Oral Arguments Audio

Supreme Court Briefing

Frequently Asked Questions

  • What is SNAP?

  • How Does SNAP Work in Grocery?

  • Why would it harm a retailer to reveal how much SNAP money is spent at a particular store?

  • How would it hurt Americans who participate in SNAP if this information were released?

  • Why should “confidential commercial information” be exempt from FOIA?

  • Does FMI oppose FOIA? Does it oppose government transparency?

  • Why is store-level SNAP redemption data “confidential commercial information”?

  • What SNAP information is already available to the public?

News and Blog Posts from FMI

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Beyond the Grocery Store: The Need to Protect Confidential Business Data

The Retail Litigation Center was one of these industry groups to step forward and explain how its members rely on Exemption 4 of the Freedom of Information Act to ensure that the confidential information their members disclose to the government will not be released to the general public. In its amicus brief, the Retail Litigation Center demonstrates the significance of how FMI’s Supreme Court case and its ramifications extend far beyond the retail grocery industry.

Supreme Court

The Historic Possibilities of the Landmark Supreme Case that Examines the term “Confidential”

To date, the Court has decided 19 cases involving the Freedom of Information Act (FOIA), cases involving a wide array of FOIA issues and critical procedural concerns. Not one of those cases, however, has involved the interpretation of FOIA’s Exemption 4, which protects “trade secrets and commercial or financial information obtained from a person [that is] privileged or confidential.” That changed recently. On April 22, the Court heard oral arguments in a case that has far-reaching implications for businesses’ confidential commercial information.

The Promise of Confidentiality: FMI Presents Oral Arguments at U.S. Supreme Court

The Food Marketing Institute presented oral arguments at the U.S. Supreme Court in a case with broad implications for large and small commercial enterprises. We have asked the U.S. Supreme Court to clarify the appropriate standard for exempting store-level Supplemental Nutrition Assistance Program (SNAP) data from public release — including whether the plain meaning of “confidential” should be applied or whether businesses must prove substantial competitive harm in every instance.

FMI in the news

Freedom of Information Act Wasn't Created to Shine a Light on Private Parties

The nation’s grocery stores have long kept confidential the amount consumers spend at individual stores with cash, credit and the Supplemental Nutrition Assistance Program, or SNAP. To business owners large and small, this store-level sales data is undoubtedly confidential because its release would provide an unfair advantage to competitors.

SCOTUS

The SCOTUS Case that will Reexamine What “Confidential” Means to You

A legal case heading to oral argument before the U.S. Supreme Court this spring has far-reaching implications when it comes to something you hold near and dear -- your confidential commercial information. FMI is a named party in the case because we believe strongly that it is FMI’s role to defend our industry’s right to compete on a level playing field as well as its ability to serve a customer base as diverse as the nation’s palate.

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Jennifer Hatcher

Chief Public Policy Officer and Senior Vice President, Government & Public Affairs

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Media Contact

Contact Heather Garlich, Vice President, Media and Public Relations

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