Henson v. Dep't of Health & Human Servs.

Hamilton, Circuit Judge.

Plaintiff J. Donald Henson, Sr., appeals from the district court's grant of summary judgment for defendants on his claims under the Freedom of Information Act, 5 U.S.C. § 552 . We affirm.

Under the Food, Drug, and Cosmetics Act, "Class III" medical devices are those that support or sustain human life, that are of substantial importance in preventing impairment of human health, or that present a potential, unreasonable risk of illness or injury. See Riegel v. Medtronic, Inc ., 552 U.S. 312 , 317, 128 S.Ct. 999 , 169 L.Ed.2d 892 (2008) ; 21 U.S.C. § 360c(a)(1)(A). Class…