What is the question presented in Food Marketing Institute v. Argus Leader Media?

1. Does the statutory term "confidential" in FOIA Exemption 4 bear its ordinary meaning, thus requiring the Government to withhold all "commercial or financial information" that is confidentially held and not publicly disseminated-regardless of whether a party establishes substantial competitive harm from disclosure-which would resolve at least five circuit splits? 2. Alternatively, if the Court retains the substantial-competitive-harm test, is that test satisfied when the requested information could be potentially useful to a competitor (as the First and Tenth Circuits have held), or must the party opposing disclosure establish with near certainty a defined competitive harm like lost market share (as the Ninth and D.C. Circuits have held, and as the Eighth Circuit required here)?

What is Food Marketing Institute v. Argus Leader Media about?

This case asked whether the government had to release store-by-store SNAP redemption data in response to a FOIA request, or whether that business information was protected from disclosure under FOIA Exemption 4. The Supreme Court held that business information is "confidential" under Exemption 4 when it is normally kept private and was given to the government with an assurance of privacy.

No. 18-481October Term 2018Decided Jun 24, 2019

Docket 18-481October Term 2018 (2018–2019)

Food Marketing Institute v. Argus Leader Media

The Court read FOIA Exemption 4 more broadly, making it harder to force disclosure of some private business information held by the government.

Case status

Current stage: Decided
Latest event: Decision released Jun 24, 2019

Case Accepted

Arguments

Decision ReleasedJun 24, 2019

What it's about: This case asked whether the government had to release store-by-store SNAP redemption data in response to a FOIA request, or whether that business information was protected from disclosure under FOIA Exemption 4. The Supreme Court held that business information is "confidential" under Exemption 4 when it is normally kept private and was given to the government with an assurance of privacy.
Question presented
1. Does the statutory term "confidential" in FOIA Exemption 4 bear its ordinary meaning, thus requiring the Government to withhold all "commercial or financial information" that is confidentially held and not publicly disseminated-regardless of whether a party establishes substantial competitive harm from disclosure-which would resolve at least five circuit splits? 2. Alternatively, if the Court retains the substantial-competitive-harm test, is that test satisfied when the requested information could be potentially useful to a competitor (as the First and Tenth Circuits have held), or must the party opposing disclosure establish with near certainty a defined competitive harm like lost market share (as the Ninth and D.C. Circuits have held, and as the Eighth Circuit required here)?
Case path: United States Court of Appeals for the Eighth Circuit / Decision released Jun 24, 2019
Area: Decided Supreme Court case

Briefing

What it's about

The case asked whether the government had to release store-by-store SNAP redemption data under the Freedom of Information Act (FOIA), or whether the data was protected as confidential business information. The Supreme Court said Exemption 4 protects business information that is normally kept private and was given to the government with an assurance of privacy.

Impact

The decision makes it easier for businesses to keep some commercial information from being released through FOIA requests. For example, retailers that share sensitive sales-related data with the government may now have stronger protection against public disclosure.

What's next

The Supreme Court has finished with this case. Going forward, agencies and lower courts must apply the Court's reading of Exemption 4 when FOIA requests seek confidential business records.

What was the main fight in Food Marketing Institute v. Argus Leader Media?

The dispute was over whether store-by-store SNAP redemption data had to be released under FOIA. The businesses said the data was confidential and should stay private.

Who is most affected by this decision in real life?

Businesses that give commercial information to federal agencies are directly affected. News organizations and other FOIA requesters may have a harder time getting that information released.

What happens next after the Supreme Court's decision?

The case is over at the Supreme Court. Federal agencies and lower courts must now use this Exemption 4 standard in future FOIA disputes.

Decision

Decision recordJun 24, 2019

What the Court decided

The Court read FOIA Exemption 4 more broadly, making it harder to force disclosure of some private business information held by the government.

Impact

The decision makes it easier for businesses to keep some commercial information from being released through FOIA requests. For example, retailers that share sensitive sales-related data with the government may now have stronger protection against public disclosure.

Not official Court text.

Opinion documents

opinion

Documents

Grounding

Grounding: Primary materials plus reporting.
Note: Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
Checked: Jun 1, 2026
Method: Methodology

Primary materials12

Context reporting3