National Institutes of Health

National Institute of Diabetes and Digestive and

Kidney Diseases
FOIA/PA Office, RKL 1, Suite 6054
6705 Rockledge Drive
Bethesda, MD 20892

January 21, 2020

Peter M. Heimlich
The Sidebar
3630 River Hollow Run
Peachtree Corners, GA 30096

Re: FOIA Case Number: 53386

Dear Mr. Heimlich:

This is our final response to your Freedom of Information Act (FOIA) to the National Institute of
Diabetes and Digestive and Kidney Diseases (NIDDK), National Institutes of Health (NIH), dated and
received January 13, 2020. You requested: records associated with the processing of FOIA request
Case No: 19-FOI-00I02-NIDDK; NIH FOIA Case No. 48688. In an email today, you agreed to exclude
a cell phone number from the requested material.

We searched the files of the NIDDK FOIA Office for records responsive to your request. That search
produced 29 pages responsive to your request. Enclosed records associated with the processing of NIH
FOIA Request # 48688.

Please feel free to call me on 301-496-9737 for additional information or to inquire about your request.

If you are not satisfied with the processing and handling of this request, you may contact the NIDDK
FOIA Public Liaison:

NIDDK FOIA Public Liaison

Marianne Manheim
Rockledge I, Suite 6054
6705 Rockledge Drive
Bethesda, MD 20892
301-496-9737 (phone)
301-402-3604 (fax)
marianne.manheim@nih.gov (email)

In certain circumstances, provisions of the FOIA and HHS FOIA Regulations allow us to recover part
of the cost of responding to your request. Because the cost is below the $25 minimum, there is no
charge for the enclosed materials.

Sincerely,

Valery Gheen
Government Information Specialist, NIDDK

Enclosures: 29 pages
 \ll.,C National Institute of Diabetes and Digestive and

'~~."'';'.~''-tll'(' .t.. DEPARTMENT OF HEALTH II.

""
HUMAN SERVICES Kidney Diseases
FOIA/PA Office, RKL I, Suite 6054
s ~ 6705 Rockledge Drive
;~ ~~ R_o_th_O._~_Q_M_n__ '_OQ_O_' _

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MEMORANDUM

TO: NIH FOlA Office, Attn: Gorka Garcia-Malene, Bldg. 31, Room 5B35

FROM: Valery Gheen, NHLBI FOIA Office, RKl, Suite 6054

DATE: December 17,2019

SUBJECT: Request for Partial Denial - NIH FOIA Case Number 48688

On November 29,2018, Peter Heimlich requested email records from the account ofNIDDK
employee Kevin Hall containing certain keywords, with a date range of January 1,2014 to
present.

Using the criteria provided in the request, an email search was conducted via CIT which
produced more than 3000 messages. In a phone call on December 19, 2018, the requester
refined the description of his request, indicating that he is seeking correspondence that reflects
differing opinions and contention in the field of dietary recommendations (carbs, low carb
diets, etc), and he provided specific individual names that the keywords referred to. He
excluded advertisements of lectures, or papers or the simple sharing of articles that mention the
named persons in passing, rather, his request is for substantive correspondence related to the
identified subject matter.

After an initial review of the material, on June 6, 2019, I contacted Mr. Heimlich and he
indicated he was not willing to exclude emails that were personal in nature, and furthermore he
stated that he routinely filed appeals and would likely file an appeal if any information
responsive to his request was withheld from release.

After the narrowing of scope and de-duplication efforts, the records were reduced to 1668
pages of email correspondence. The messages are mainly with or about Vox health
correspondent Julia Belluz, and due to the content, pre-disclosure notification was provided to
Vox in July 2019. Vox's Assistant General Counsel provided a response on July 12 identifying
personal and proprietary information, however upon review we felt that the justification
provided for some of the items was not supportable under the (b)(6) and (b)(4) exemptions.
The proposed redactions reflect that judgment. The final version for release has not been
shared with Vox.

Our proposed redactions include information that would constitute an invasion of personal
privacy and should be protected under FOIA exemption (b)(6). This information includes
identities of family members and personal life details, as well as patient privacy information
concerning Ms. Belluz' participation in a medical study conducted at the Clinical Center. In
addition, the materials include draft writings that Ms. Belluz produced in her professional
capacity, which were shared with Dr. Hall for his information and feedback. This draft
material constitutes confidential proprietary information that must be withheld pursuant to
FOIA exemption (b)(4), which protects information that is confidential and commercial or
financial in nature. Review of this material and the proposed redactions has been coordinated
with NIDDK Program and Communications Office staff. No charges for search or review time
have been accrued due to the requester's other fee category.

Relevant Records in FOIA Xpress:

1. Request
2. Interim Letter
3. PDN response from Vox
4. Program Correspondence
5. Requester Correspondence
Gheen. Valery (NIH/NHLBI) [E)

From: Yuan, Lisa (NIH/NIDDK) [El

Sent: Friday, December 13, 20191:50 PM
To: Gheen, Valery (NIH/NHLBI) [El; Reiter, Amy (NIH/NIDDK) [El
Cc: Rieff, Heather (NIH/NIDDK) [El
Subject: RE:FOIA email records

That makes sense - thank you for clarifying! I assume you covered everything in the multiple reviews your team did, but
would you still like us to go ahead and flag what we noticed and send back to you?
-Lisa

From: Gheen, Valery (NIH/NHLBI) [E] <gheenv@mail.nih.gov>

Sent: Friday, December 13, 2019 1:47 PM
To: Yuan, Lisa (NIH/NIDDK) [E] <Iisa.yuan@nih.gov>; Reiter, Amy (NIH/NIDDK) [E] <amy.reiter@nih.gov>
Cc: Rieff, Heather (NIH/NIDDK) [E] <heather.rieff@nih.gov>
Subject: RE: FOIA email records

Hi Lisa - Thank you. Not all mentions of locations constitute an invasion of personal privacy, it really depends on the
context, so it is possible that some are redacted while others are not. Appreciate the attention to detail! - Val

From: Yuan, Lisa (NIH/NIDDK) [E] <Iisa.yuan@nih.gov>

Sent: Friday, December 13, 2019 1:43 PM
To: Gheen, Valery (NIH/NHLBI) [E] <gheenv@mail.nih.gov>; Reiter, Amy (NIH/NIDDK) [E] <amy.reiter@nih.gov>
Cc: Rieff, Heather (NIH/NIDDK) [E] <heather.rieff@nih.gov>
Subject: RE: FOIA email records

Dear Dr. Gheen,

Amy and I have looked through all the pages, and nothing really stuck out, except that we noticed that while most
location names were redacted, some were not - for example, the name of a restaurant where people met for dinner, or
the name of a city where someone visited for a conference or vacation. We'd be happy to flag these instances for you,
though we assume they were intentionally left unredacted - just let us know and I'll get back to you by EOD.

Thanks,
Lisa

Lisa Yuan, M.S.

PressTeam
Office of Communications and Public Liaison
Notional Institute of Diabetes and Digestive and Kidney Diseases (NIDDKJ
Notional Institutes of He<&lth
Desk: 301-827-6052; celie I(text preferred)
lisa.yuan@nih.gov

NatlonaJ Instituto of
Diabe1cs Md 09 live
"nct KlO'l 0
NIH .•. Turning Discovery Into Health-

1
-----Origina I Message-----
From: Gheen, Valery {NIH/NHLBI} [E] <gheenv@maiLnih.gov>
Sent: Monday, December 9, 2019 3:29 PM
To: Reiter, Amy {NIH/NIDDK} [E] <amy.reiter@nih.gov>
Cc: Yuan, Lisa {NIH/NIDDK} [E] <Iisa.yuan@nih.gov>; Rieff, Heather {NIH/NIDDK} [E] <heather.rieff@nih.gov>;
Kranzfelder, Kathy {NIH/NIDDK} [E] <kranzfelderk@maiLnih.gov>
Subject: RE: FOIA email records

Hi Amy - If you can finish looking by Friday, that would be great. Your review is expected to be informational only at this
point as we have been over the material multiple times, but if something really sticks out, your comments are
welcome. Thanks!"- Val

-----Original Message-----
From: Reiter, Amy (NIH/NIDDK) [E] <amy.reiter@nih.gov>
Sent: Monday, December 9, 2019 2:59 PM
To: Gheen, Valery (NIH/NHLBI) [E] <gheenv@maiLnih.gov>
Cc: Yuan, Lisa (NIH/NIDDK) [E] <Iisa.yuan@nih.gov>; Rieff, Heather (NIH/NIDDK) [E] <heather.rieff@nih.gov>;
Kranzfelder, Kathy (NIH/NIDDK) [E] <kranzfelderk@maiLnih.gov>
Subject: RE: FOIA email records

Dear Dr. Gheen,

Thank you very much. Lisa Yuan and I are reviewing. Is there a specific deadline we're working towards? If it's possible to
have a week, that'd be much appreciated, though of course we understand that much of the deadlines are out of your
hands.

Best,
Amy

Amy F. Reiter, M.S.

Media Team Lead
Office of Communications & Public Liaison National Institute of Diabetes and Digestive and Kidney Diseases (NIDDK), NIH
E-mail: reiteraf@niddk.nih.gov
NIH ... Turning Discovery Into Health"

-----Original Message-----
From: Gheen, Valery (NIH/NHLBI) [E] <gheenv@maiLnih.gov>
Sent: Monday, December 09,20197:40 AM
To: Reiter, Amy {NIH/NIDDK} [E] <amy.reiter@nih.gov>
Subject: FOIA email records

You have been sent a secure message/file{s). To access the secure message/file{s}, click on the following link or copy and
paste the link into the browser.

Sender : Gheen, Valery (NIH/NHLBI) [E]

Li nk : https:/lsecureemaiL nih.gov/bds/Login.do ?id=A06653254378&p1=afj05r1sbh hgedgfeij Ijcekeij20

Sent To: Reiter, Amy (NIH/NIDDK) [E]; Yuan, Lisa (NIH/NIDDK) [E]
Cc : heather.rieff@nih.gov
Expires: 2/8/2012:00:00 AM EST

2
NIH SecureEmail Se.rvice, brought to you by the NIH Central Email Service.
*Proven*Trusted*

3
Gheen, Valery (NIH/NHLBI) [E]

From: Gheen, Valery (NIH/NHLBI) [E]

Sent: Tuesday, November 19, 2019 10:07 AM
To: Gansheroff, Lisa (NIH/NIDDK) [E]
Cc: Rieff, Heather (NIH/NIDDK) [E]; Hoover, Camille (NIH/NIDDK) [E]
Subject: RE:suggestions - RE:Heimlich FOIA request for Kevin Hall email

Good morning Lisa - To follow up on the concerns you raised about allegations below, I had a conversation with HHS ORI
about the items involving the Ronin of Research and the comment made by Kevin Hall. ORI was unaware of any
investigations ongoing related to either of these which would trigger a FOIA exemption. In addition, I checked with
Purdue Research Integrity Office, since they did consider the allegations made against the 2015 Dietary Guidelines
Advisory Committee and had provided a response (476-532 below). They were fine with full release of the information,
including their response letter. NIDDK's concerns about these items will be noted when I send the records to the NIH
FOIA Officer for a final determination. I did redact the names that were thrown around as possible "Ronin" members.
will send you a fully redacted copy of the records via SEFTthat you can share with other NIDDK staff. Please let me
know when your staff have had time to look at the records before I send the case to the NIH FOIA Office for final
determination. Thank you! - Val

From: Gheen, Valery (NIH/NHLBI) [E)

Sent: Wednesday, November 6, 2019 2:06 PM
To: Gansheroff, Lisa (NIH/NIDDK) [E) <GansheroffL@EXTRA.NIDDK.NIH.GOV>
Cc: Rieff, Heather (NIH/NIDDK) [E) <heather.rieff@nih.gov>; Hoover, Camille (NIH/NIDDK) [E) <camille.hoover@nih.gov>
Subject: FW: suggestions - RE: Heimlich FOIA request for Kevin Hall email

Hi Lisa - Our response to your comments are below. We'll check with ORion the Ronin of Research items and the KH
allegation, however we think it's unlikely these items will end up being redacted. I'll send you a copy with opaque
redactions once we hear back from ORI. Thank you! - Val

From: Gheen, Valery (NIH/NHLBI) [E]

Sent: Tuesday, October 29,20193:32 PM
To: Manheim, Marianne (NIH/NHLBI) [E] <marianne.manheim@nih.gov>
Subject: RE: suggestions - RE: Heimlich FOIA request for Kevin Hall email

See my comments in blue.

From: Gansheroff, Lisa (NIH/NIDDK) [E] <gansheroffl@extra.niddk.nih.gov>

Sent: Monday, October 28, 2019 11:24 AM
To: Gheen, Valery (NIH/NHLBI) [E) <gheenv@mail.nih.gov>
Cc: Rieff, Heather (NIH/NIDDK) [E) <heather.rreff@nih.gov>; Hoover, Camille (NIH/NIDDK) [E) <camille.hoover@nih.gov>
Subject: suggestions - RE: Heimlich FOIA request for Kevin Hall email

Hi Valery,

Both Heather and I have looked through the document (Kevin Hall emails.FOIA Request 48688), and below we have
listed additional recommended redactions and some flags for you of things that may also need to be redacted but we
don't know the FOIA rules. Since some of the emails to/from Kevin include staff from NIDDK's communications office,
we'd like to share it with them for their review too, but we'd prefer not to further forward PI! or anything else that

1
should be redacted. Thus, would you be able to go through our comments, do the actual redactions of items that need
to be redacted (opaque boxes instead of shaded?), and then the document could go to the communications office
staff? If you have another approach for how to handle review by additional NIDDK staff, please let us know.

The following are our suggested redactions and flags. Page numbers are the pages of the PDF that you sent through
secure email:

p.404-406: Flag for possible redaction - There is lots of PII, including names, ages, heights, weights, etc. While some of
this info may already be public on the web, the info for at least one of the people doesn't seem identical in the
document with what's on the web, and we don't know about the other people's info. We'd suggest verifying that all of
the info is already public and the same as what's in the PDF document, and redact anything that isn't already on web (or
where there is a discrepancy between the document and web info). We researched this and found the PII stats online-
Olympic athletes are public figures and a lot of their information is publicly available. Also the email correspondence
indicates the information was "from the interwebs." This doesn't meet the bar for Exemption 6, protection of personal
privacy.

pp.476-532: Recommend redacting - We think this section should be redacted, along with a similar section listed below
(pp 653-699). This section is on what appear to be formal "research misconduct charges" alleged by one group against
another group, and some speculation in emails by Kevin and another person as to who might be making the
allegations. While I'm not an expert, my understanding is that unconfirmed allegations of research misconduct are
supposed to be kept confidential-- i.e. even if the person/organization making the charges sends them out broadly, we
as government agency shouldn't distribute/publicize unconfirmed allegations. Regarding the speculation by Kevin and
others as to who may be making the allegations (since the group doesn't name its members) -- this could be viewed as
defamatory, especially since later in the document they further speculate and conclude it's likely not people they initially
considered. $0, we think NIH shouldn't distribute this type of thing either. For expert advice on the research
misconduct issue, we'd suggest consulting with the NIH Research Integrity Officer. More "Ronin of Research." We will
seek input from ORI regarding whether they know of a formal investigation that is ongoing. Otherwise, the information
is in the public domain already and we do not believe redacting this information is supportable. We will redact the
speculated names under (b)(6) and the NIH FOIA Officer will make a final determination about whether the names can
be protected under (b)(6) or not.

p. 634: Recommend redacting - The restaurant location near bottom of page may give an approximate area of where
Kevin lives? More has been redacted.

pp. 653-699: Recommend redacting - We think this should be redacted; it is more on research/editorial misconduct
claims, and potentially defamatory speculation as to who might or might not be involved (see above). "Ronin of
Research"

p.713: Flag for possible redaction: The "off the record" comments here (though not flagged like the previous ones) are
political/budgetary in nature; we don't know the FOIA rules regarding such comments. Not supportable under FOIA.
p.1416-21: Flag for possible redaction - There are some guesses here of numbers of patients/volunteers
studied in the metabolic chamber, etc. Is this something that should be redacted? No

p. 1450: Flag for possible redaction - The reporter, Julia, made a statement "Bordering on the Trumpian." We
don't know if this would be considered political or partisan, but we wanted to flag this for you because we
don't know if there would be an issue for a Federal agency to forward/distribute such a comment (even as
part of FOIA, and even though a non-federal person made the comment initially). Possibly a question for an
Ethics officer. Not supportable under FOIA.

p. 1592 - 1612: Flag for possible redaction - This includes a Study Protocol, and may be from some sort of
grant, though we're not sure. It's not clear to us whether this is from an NIH grant or from something funded

2
by another organization mentioned in the text (NuSI). So, we're flagging this for you. (I didn't find anything
from a check of grants in our system, though I could have missed it.) Perhaps the origins of this text would be
a question for Kevin? Also not sure whether any of this could be considered proprietary or otherwise
redactable, even if it's not from an NIH grant. If it is from an NIH grant application, then of course the issue
would be whether it was funded, and what the FOIA rules are. Protocol is for a Nusi study that was finished
and published. Information was shared by Kevin with a media person already so it's in the public domain. I
don't know where Kevin got the protocol, but it has likely been shared widely in the public domain.

p. 1623: Flag for possible redaction - Regarding the note about Off the Record comments, we weren't sure
about this. It appears to be Kevin's speculation about what another researcher mayor may not have done
related to a change in protocol, and while we're not sure whether this rises to the level of a formal allegation
of research misconduct that would need to be confidential (as in some comments above), we'd suggest
checking with the Research Integrity Officer, regarding potential redaction ofthis section. We'll check with
ORI but do not believe redaction supportable under FOIA. Unless there is a formal investigation underway,
there is no FOIA exemption to cover this type of exchange between a fed and a member of the media, it is just
speculation.

Thanks,

Lisa

From: Gheen, Valery (NIH/NHLBI) [E] <gheenv@mail.nih.gov>

Sent: Thursday, October 17, 2019 3:53 PM
To: Hoover, Camille (NIH/NIDDK) [E] <camille.hoover@nih.gov>; Gansheroff, Lisa (NIH/NIDDK) [E]
<gansheroffl@extra.niddk.nih.gov>; Rieff, Heather (NIH/NIDDK) [E] <heather.rieff@nih.gov>
Subject: Heimlich FOIA request for Kevin Hall email

Hello Camille, Lisa and Heather - As we discussed when Marianne and I met with the three of you in July, I am getting
ready to send the three of you a copy of the Kevin Hall emails reflecting our proposed redactions indicated with shaded
boxes, for your awareness. You'll receive a separate email containing a link to the records via SEFT. Please take a look
and let me know if you have any concerns. - Val

Ms. Valery Gheen

Deputy Chief, Freedom of Information and Privacy Act Branch
FOIA Service Center
National Heart, Lung, and Blood Institute
National Institutes of Health
301-496-9737 FOIA line ...
301-827-6254 direct line

3
Gheen. Valery (NIH/NHLBI) [E]

From: Mohler, James L <jlmohler@purdue.edu>

Sent: Monday, November 18,20191:51 PM
To: Gheen, Valery (NIH/NHLBI) [E]
Cc: 'Kealey, William P.'
Subject: RE:Pre-disclosure notification related to an NIH FOIA request

Dear Ms. Gheen,

Thank you for the opportunity to review the material. Purdue University is ok with the materials being released as part
of the FOIA and we are not requesting any of the material to be withheld .:

Sincerely,

//11/1//11/1/1//11//1/11///1/11/11/1/1/1/1/1/1/11/111//111/1//111/1/1/1//// /1//

James L. Mohler, Ph.D.

Research Integrity Officer,
Associate Dean & Professor
jlmohler@purdue.edu
researchintegrity@purdue.edu

Admin: Devona Gangwer

0: 765.494-0245
gangwerd@purdue.edu

CONFIDENTIALITY NOTICE: This e-mail message, including any attachments,

is for the sale use of the intended recipient(s) and may contain confidential
and privileged information potentially protected by law. Any unauthorized
review, use, disclosure or distribution is prohibited. If you are not the
intended recipient, please contoct the sender by reply e-mail and destroy
all copies of the original message.

From: Gheen, Valery (NIH/NHLBI) [E) <gheenv@mail.nih.gov>

Sent: Thursday, November 14, 2019 8:24 AM
To: Mohler, James L <jlmohler@purdue.edu>; Rupp, Deborah <ruppd@purdue.edu>
Subject: Pre-disclosure notification related to an NIH FOIA request

Hello Dr. Mohler and Dr. Rupp-

I am contacting you regarding some records that concern Purdue which turned up in a search for emails requested
under FOIA. The FOIA request was simply for email correspondence between an NIH staffer and Julia Belluz of Vox
and/or Yoni Freedman of BMJ. The matter involves allegations of research misconduct by the Dietary Guidelines
Advisory Committee of 2015, and Purdue's letter of response to the allegations dated September 16, 2016, and signed
by Dr. Rupp. The allegations were made by an anonymous group called the "Ronin of Research." Since the allegations
and the Purdue response letter were shared by a third party with members of the media, who in turn shared with an
NIH staff member, we believe this information is already in the public domain, however I would like your input on
release of the information and your response letter. I will send you an email link to access the records via secure email
file transfer later today. Thanks in advance for your assistance.

1
Ms. Valery Gheen
Deputy Chief, Freedom of Information and Privacy Act Branch
FOIA Service Center
National Heart, Lung, and Blood Institute
National Institutes of Health
301-496-9737 FOIA line
301-827-6254 direct line

2
Gheen, Valery (NIH/NHLBI) [E]

From: Gansheroff, Lisa (NIH/NIDDK) [E]

Sent: Friday, October 18, 2019 5:40 PM
To: Gheen, Valery (NIH/NHLBI) [E]; Hoover, Camille (NIH/NIDDK) [E]; Rieff, Heather
(NIH/NIDDK) [E]
Subject: RE:Heimlich FOIA request for Kevin Hall email

Hi Valery,
Just to let you know we've started going through this document of emails, and thus far have found a couple pages of PI!
that didn't seem to be in shaded boxes but would need to be redacted. We'll send a list with that and any other
suggested redactions we identify, once we've finished looking through the full document.
Lisa

From: Gheen, Valery {NIH/NHLBI} [El <gheenv@mail.nih.gov>

Sent: Thursday, October 17, 2019 3:53 PM
To: Hoover, Camille {NIH/NIDDK} [El <camille.hoover@nih.gov>; Gansheroff, Lisa {NIH/NIDDK} [El
<gansheroffl@extra.niddk.nih.gov>; Rieff, Heather {NIH/NIDDK} [E] <heather.rieff@nih.gov>
Subject: Heimlich FOIA request for Kevin Hall email

Hello Camille, Lisa and Heather - As we discussed when Marianne and I met with the three of you in July, I am getting
ready to send the three of you a copy of the Kevin Hall emails reflecting our proposed redactions indicated with shaded
boxes, for your awareness. You'll receive a separate email containing a link to the records via SEFT. Please take a look
and let me know if you have any concerns. - Val

Ms. Valery Gheen

Deputy Chief, Freedom of Information and Privacy Act Branch
FOIA Service Center
National Heart, Lung, and Blood Institute
National Institutes of Health
301-496-9737 FOIA line
301-827-6254 direct line

1
Gheen, Valery (NIH/NHLBI) [E]

From: Gansheroff, Lisa (NIH/NIDDK) [E]

Sent: Wednesday, December 4, 2019 1:23 PM
To: Gheen, Valery (NIH/NHLBI) [E]
Cc: Rieff, Heather (NIH/NIDDK) [E]
Subject: RE:Program review of Heimlich FOIA request records

Hi Valery,
Previously you had mentioned that you'd send us a fully redacted copy of the records via SEFTthat we could share with
other NIDDK staff. But I don't seem to have received that yet. Can you please send/resend?
Thanks,
Lisa

From: Gheen, Valery (NIH/NHLBI) [E] <gheenv@mail,nih.gov>

Sent: Wednesday, December 04,2019 1:18 PM
To: Gansheroff, Lisa {NIH/NIDDK} [E] <gansheroffl@extra.niddk.nih.gov>
Subject: Program review of Heimlich FOIA request records

Hi Lisa - How is this going? I'd like to transfer the records and case over to NIH FOIA (and off my plate). ©
Ms. Valery Gheen
Deputy Chief, Freedom of Information and Privacy Act Branch
FOIA Service Center
National Heart, Lung, and Blood Institute
National Institutes of Health
301-496-9737 FOIA line
301-827-6254 direct line

2
Gheen, Valery (NIH/NHLBI) [E]

From: Brian Leung <brian@voxmedia.com>

Sent: Friday, July 12,20197:18 PM
To: Julia Belluz
Cc: Gheen, Valery (NIH/NHLBI) [El
Subject: Re: Predisclosure notification - NIH FOIA Request 48688

Valery,

Thank you for your patience as we worked through this. We are requesting that the below also be withheld for
the reasons as indicated. Generally, there are two buckets of information that we believe are applicable for
FOIA exemptions:

• Personal Information: A lot of the information was personal in nature, such as dinners, drinks, vacation
plans, being out of the country during certain dates, etc. I think there were a lot of redactions on this to
start, but eventually the redactions became a lot more relaxed. The other large bucket of personal
information is, of course, the study that Julia participated in.
• Proprietary Information: Where I've indicated Proprietary below, that's in reference to (i) either sending
draft articles back and forth, (ii) off-the-record conversations, as OTR convos form the foundation of
open dialogue that leads to quality journalism, and (iii) editorial processes, particularly where Julia's
editor stepped in and discussed approach on handling certain scenarios, where to make changes to
published articles, etc.

Additionally, there were a lot of repeat emails here so where a redaction was made from one email, it should
be applied to all replies.

Our list is below.-- please don't hesitate to reach out to me with any questions. Thank you!
Brian

Page Number Reason

42 Personal (Hall's Phone #)
75, 78 Proprietary (off the record)
83 Proprietary (Draft)
122, 129 Personal (Dietary information)
139-141 Proprietary (Draft)
145-148 Proprietary
153,154 Personal (Needs further redaction)
159-160 Proprietary (Draft)
161 Personal
174-177 Proprietary (Draft)
194-206 Personal (Dinner Plans)
214 Personal
219 Personal
221-222 Proprietary
225 Proprietary

1
234 Proprietary
243 Proprietary
239-246 Personal (Plans)
264 Proprietary (off the record)
296-331 Personal (Lots of dinner planning)
323-324 In response to your question, not a draft article.
329-333 Proprietary
475-489 Proprietary (Draft)
490-519 Proprietary (In addition to the draft content, there is a lot of workshopping on language
which is deemed to be a part of our editorial process)

536-614 This is the bulk of the conversation around Julia's participation in the study. Separate from
her specific results, there's a lot of discussion on the type of study she participated in and
what types of tests were conducted. Similarly to how undergoing a medical procedure
would be personal information (even separate from the results of the procedure itself), this
too should have confidential treatment.

691 Proprietary (Draft)

723 Proprietary (Draft)
730 Proprietary (Draft)
732-733 Proprietary (off the record)

Brian Leung I Assistant General Counsel

brian@voxmedia.com 1(202) 591-1184
1201 Connecticut Ave. NW, Floor 11 I Washington, DC 20036

[§]
Vox Media is The Verge, Vox, SB Nation,
Polygon, Eater, Curbed, and Recode.

Come feast with us! Join Eater and your favorite chefs, journalists, and food lovers at the Eater Young Guns
Summit: a celebratory day of conversation, demonstrations, and a whole lot of food, coming up on July 27th in
Brooklyn. Buy tickets now!

On Fri, Jul12, 2019 at 2:00 PM Julia Belluz <julia.belluz@voxmedia.com> wrote:

Ok, thanks for the update. Julia

On Fri, Jul 12, 2019 at 1:51 PM Gheen, Valery (NIH/NHLBI) [E] <gheenv@mail.nih.gov> wrote:

Hi Julia - It's going to take some time before anything will be released. First, I need to review what you are
requesting to withhold. Once I have all the redactions applied, the case will be referred to the NIH FOIA
Office for a final review and formal denial of the redacted information. I'm hoping the case can be closed by
the end of the FY, Sept 30th. - Val

2
From: Julia Belluz <julia.belluz@voxmedia.com>
Sent: Friday, July 12, 2019 1:39 PM
To: Gheen, Valery (NIH/NHLBI) [E] <gheenv@mail.nih.gov>
Cc: Brian Leung <brian@voxmedia.com>
Subject: Re: Predisclosure notification - NIH FOIA Request 48688

Thank, you Valery and hope you had a nice holiday. Do you have a sense when this would go to the
requestor and be public? Ie, some time in August? Or straightaway?

On Fri, Jul 12, 2019 at 1:23 PM Gheen, Valery (NIH/NHLBI) [E] <gheenv@mail.nih.gov> wrote:

Ok, thanks!

From: Brian Leung <brian@voxmedia.com>

Sent: Friday, July 12, 2019 1:20 PM
To: Gheen, Valery (NIH/NHLBI) [E] <gheenv@mail.nih.gov>
Cc: Julia Belluz <julia.belluz@voxmedia.com>
Subject: Re: Predisclosure notification - NIH FOIA Request 48688

You will receive it today -- promise! Again, sorry for the delay, it's entirely on me.

Brian Leung I Assistant General Counsel

brian@voxmedia.com I (202) 591-1184

1201 Connecticut Ave. NW, Floor 11 I Washington, DC 20036

Vox Media is The Verge, Vox, SB Nation,

Polygon, Eater, Curbed, and Recode.

Come feast with us! Join Eater and your favorite chefs, journalists, and food lovers at the Eater Young Guns
Summit: a celebratory day of conversation, demonstrations, and a whole lot of food, coming up on July 27th
in Brooklyn. Buy tickets now!

3
On Fri, Jul 12, 2019 at 1:05 PM Gheen, Valery (NIH/NHLBI) [E) <qheenv@mail,nih.qov> wrote:

Hi Brian and Julia - I was hoping to receive your response this week. Is there anything I can do to help?

Ms. Valery Gheen, Deputy Chief

Freedom of Information and Privacy Act Branch

National Heart Lung and Blood Institute

National Institutes of Health

(0) 301-496-9737

(D) 301-827-6254

From: Gheen, Valery (NIH/NHLBI) [E)

Sent: Tuesday, July 9, 2019 10:25 AM
To: Brian Leung <brian@voxmedia.com>
Subject: RE: Predisclosure notification - NIH FOIA Request 48688

Hello Brian - I'm back in the office today and wanted to check in with you regarding the FOIA pre-
disclosure notification response. Almost finished? - Val

From: Gheen, Valery (NIH/NHLBI) [E)

Sent: Monday, July 1, 20194:09 PM
To: Brian Leung <brian@voxmedia.com>
Subject: Re: Predisclosure notification - NIH FOIA Request 48688

Hi Brian, sounds fine thank you. I'll be back next week. - Val

Sent from my iPhone

4
On Jul 1, 2019, at 11:37 AM, Brian Leung <brian@voxmedia.com> wrote:

Hi Valery -- just to keep you in the loop here, we are still working through it and will have
some comments and additional redactions to suggest. I believe you spoke with Julia and let
her know that you'll be out of the office (hopefully on vacation), but we'll get you these
comments this week or next if you're amenable to that.

Thanks much,

Brian

Brian Leung I Assistant General Counsel

brian@voxmedia.com I (202) 591-1184

1201 Connecticut Ave. NW, Floor 11 I Washington, DC 20036

Vox Media is The Verge, Vox, SB Nation,

Polygon, Eater, Curbed, and Recode.

Come feast with us! Join Eater and your favorite chefs, journalists, and food lovers at the
Eater Young Guns Summit: a celebratory day of conversation, demonstrations, and a whole
lot of food, coming up on July 27th in Brooklyn. Buy tickets now!

On Thu, Jun 13,2019 at 4:15 PM Gheen, Valery (NIH/NHLBI) [E] <gheenv@mail.nih.gov>

wrote:

You have been sent a secure message/file(s).

To access the secure message/file(s), click on the following link or copy and paste the link
into the browser.

Sender: Gheen, Valery (NIH/NHLBI) [E]

Link : https:flsecureemail.nih.gov/bds/Login.do?id=A06622853019&p1 =02j29zwsbhhddj
gebcklcgbhcjkj20
5
 Sent To: brian.leung@voxmedia.com; julia.belluz@voxmedia.com
Expires: 9/12119 12:00:00 AM EDT

NIH SecureEmail Service, brought to you by the NIH Central Email Service.
'*Proven*Trusted*

Julia Belluz I @juliaottoronto

Senior health correspondent
Washington, DC 20036

Vox.com is part of Vox Media, home of SB Nation,

The Verge, Polygon, Recode, Eater, and Curbed.

Visit The Goods by Vox, Vox.com's new section on consumer culture.

Julia Belluz I @juliaoftoronto

Senior health correspondent
Washington, DC 20036

~
Vox.com is part of Vox Media, home of SB Nation,
The Verge, Polygon, Recode, Eater, and Curbed.

Visit The Goods by Vox, Vox.com's new section on consumer culture.

6
Gheen. Valery (NIH/NHLBI) [E]

From: SecureEmaiINotice@nih.gov
Sent: Thursday, June 13, 20194:27 PM
To: Gheen, Valery (NIH/NHLBI) [El
Subject: julia belluz viewed delivery 'Predisclosure notification - NIH FOIA Request 48688'

User julia belluz <julia.belluz@voxmedia.com> performed the following actions:

Viewed delivery : Predisclosure notification - NIH FOIA Request 48688

Viewed on : 6/13/194:26:57 PM EDT

Delivery sent on : 6/13/194:14:57 PM EDT

Package : Predisclosure notification - NIH FOIA Request 48688
History https:/ /secureemail.nih.gov/bds/Login.do ?did=552716&p1=o2j02q7ggdichlcbkicdi20

1
Gheen, Valery (NIH/NHLBI) [E)

From: Hall, Kevin (NIH/NIDDK) [E)

Sent: Thursday, June 13, 20194:01 PM
To: Gheen, Valery (NIH/NHLBI) [E); Gansheroff, Lisa (NIH/NIDDK) [E)
Subject: RE:FOIA Request # 48688 Update

Thanks very much for this. I spent some time skimming these emails and I don't have any major concerns. I think
personal cell phone numbers, email addresses, and names of partners/children associated with personal
correspondence should be redacted. Also, Julia's clinical measurements that were obtained as part of the study that
were not published in her Vox article should not be shared.

Best wishes,

-kevin-

From: Gheen, Valery (NIH/NHLBI) [E]

Sent: Thursday, June 13, 2019 11:48 AM
To: Gansheroff, Lisa (NIH/NIDDK) [El <gansheroffl@extra.niddk.nih.gov>; Hall, Kevin (NIH/NIDDK) [El
<kevinh@niddk.nih.gov>
Subject: FOIA Request # 48688 Update

Hi Lisa & Kevin -

I finally got the emails for this FOIA request organized and have completed an initial review. I will be sending them over
to Kevin today via SEFTfor input on information you think should be protected from release. L marked information that
should probably be redacted and added notes for consideration.

To help in your review, here is a brief description of the types of information in these emails that can be protected under
the exemptions of FOIA:

If an email exchange is between NIH people only and is deliberative in nature, and some harm would be caused
by release, we can protect deliberative/pre-decisional content under exemption (b)(S).
If it would warrant in invasion of person privacy or PII, we can cite (b)(6). We may also be able to cite (b)(6) if
there could be some reputational harm to the individual being discussed.
Draft articles and certain information about unpublished articles could be considered proprietary information
protected under (b)(4), this would apply to Julia's drafts, and I think there might be one draft between Dr. Hall &
Yoni Freedman where that exemption may apply.

For your information, I am planning to send most of this set out to Julia Belluz and Vox for pre-disclosure notification
review and input as well, since it is primarily correspondence between her and Dr. Hall and there are lots of discussions
about her articles. The portions of emails that pertain to her participation in the study and subsequent article are really
tricky. Normally, this would be personal information and withheld completely, but since the whole purpose was to
publish about the experience, not all of it can be considered personal. Brian Leung from Vox's General Counsel office
contacted me in December, so I know there is some concern about what will be released on their end.

Dr. Heimlich has made it clear he wants as much released as possible and will likely appeal any denials. He would not
agree to exclude emails about dinner arrangements, or other exchanges that were personal in nature, so anything we
redact will r equire a strong justification in order for it to be formally denied by the NIH FOIA Office. My hope is to have

1
your input back in about two weeks. Please let me know if you'll need more time. Once I send it out to Julia/Vox, they'll
have 10 business days to respond. Let me know if you have any questions or would like to discuss. Thanks! - Val

Ms. Valery Gheen

Deputy Chief, Freedom of Information and Privacy Act Branch
FOIA Service Center
National Heart, Lung, and Blood Institute
National Institutes of Health
301-496-9737 FOIA line
301-827-6254 direct line

From: Gansheroff, Lisa (NIH/NIDDK) [E] <gansheroffl@extra.niddk.nih.gov>

Sent: Thursday, January 31, 2019 11:11 AM
To: Gheen, Valery (NIH/NHLBI) [E] <gheenv@maiLnih.gov>
Subject: RE: Authorization and request for email search - FOIA Request # 48688

Hi Valery,

When you get a chance, could you please provide an update on this request? (I see you're out of office as I'm writing
this emaiL) Kevin Hall (the person whose emails are being requested) contacted me asking if there was any update. I
called the FOIA office and spoke to Luke, who noted that the case was still open and being worked on, so I let Kevin
know that, and I also let Kevin know that we may learn more in Feb when you've returned to the office.

Thanks!
Lisa

From: Gheen, Valery (NIH/NHLBI) [E]

Sent: Wednesday, December 12, 20187:41 AM
To: Hoover, Camille (NIH/NIDDK) [E] <camille.hoover@nih.gov>
Cc: Gansheroff, Lisa (NIH/NIDDK) [E] <gansheroffl@extra.niddk.nih.gov>; Kellison, Jill (NIH/CIT) [E]
<kellisoj@maiLnih.gov>; Brown, Sharon (NIH/CIT) [E] <andrews@maiLnih.gov>
Subject: Authorization and request for email search - FOIA Request # 48688

Good morning Camille - Please authorize a search of Kevin Hall's emails as follows:

From January 1, 2014 to the present, all e-rnails sent to or from the e-mail address kevinh@niddk.nih.gov that include
any of the following
Keywords, either in the e-mail address or in the body of the message: Freedhoff; freedhof; Yuri; yuri; Belluz; belluz; Vox;
vox; Teicholz; teicholz; CSPI; cspi

I have copied the appropriate CIT staff who will conduct the search, so for your convenience, you can "reply to all" to
indicate your approval for the search.

Jill, please send the .pst file to me when it's ready. Thanks! - Valery

Valery Gheen, CIPP/G

Deputy Chief, Freedom of Information and Privacy Act Branch

2
National Heart, Lung, and Blood Institute
National Institutes of Health
301-496-9737 FOIA line
301-827-6254 direct line
301-402-3604 fax

From: Hoover, Camille {NIH/NIDDK} [E)

Sent: Tuesday, December 11,20187:33 AM
To: Gheen, Valery {NIH/NHLBI} [E) <gheenv@mail.nih.gov>
Cc: Gansheroff, Lisa {NIH/NIDDK} lET<GansheroffL@EXTRA.NIDDK.NIH.GOV>
Subject: Re: Question, please - FW: FOIA request for NIDDK emails

Hi Valery, I am out in training as well. If you could draft the specifics of the request and let me know who to send it to, I
will forward. Thanks!

Camille

Sent from my iPhone

On Dec 11, 2018, at 7:13 AM, Gheen, Valery {NIH/NHLBI} [E) <gheenv@mail.nih.gov> wrote:

Hi Lisa-Thank you. Has NIDDK sent the request for search to CIT? They'll want confirmation that
Camille approves. I'm going to be in training all week but let me know if you need help getting it
started. - Val

From: Gansheroff, Lisa {NIH/NIDDK} [E)

Sent: Thursday, December 6, 20185:35 PM
To: Gheen, Valery {NIH/NHLBI} [E) <gheenv@mail.nih.gov>
Cc: Hoover, Camille {NIH/NIDDK} [E) <camille.hoover@nih.gov>
Subject: RE: Question, please - FW: FOIA request for NIDDK emails

Hi Valery,

Thanks very much for the replies to my questions. NIDDK approves your proposed approach of initiating
a search via CIT for the requested email messages containing certain keywords from Kevin Hall'sNIDDK
account, organizing the email strings to remove duplication, and then providing that for Dr. Hall's review
to identify anything that potentially should not be released prior to sending out under FOIA.

Thanks!

Lisa

From: Gheen, Valery {NIH/NHLBI} [E)

Sent: Thursday, December 06, 2018 7:33 AM
To: Gansheroff, Lisa {NIH/NIDDK} [E) <GansheroffL@EXTRA.NIDDK.NIH.GOV>
Cc: Hoover, Camille {NIH/NIDDK} [E) <camille.hoover@nih.gov>
Subject: RE: Question, please - FW: FOIA request for NIDDK emails

3
Hi Lisa -It sounds like there could be a lot of emails to review. It might be more efficient for me to
receive the emails directly from CIT, organize the email strings to remove duplication, then provide that
to Dr. Hall to review. We always provide an opportunity for the program to identify anything that
potentially should not be released prior to sending out under FOIA. I would suggest allowing me to take
a stab at it first though. Thanks - Val

From: Gansheroff, Lisa {NIH/NIDDK} [E]

Sent: Tuesday, December 4,20185:02 PM
To: Gheen, Valery {NIH/NHLBI} [El <gheenv@mail,nih.gov>
Cc: Hoover, Camille {NIH/NIDDK} [El <camille.hoover@nih.gov>
Subject: Question, please - FW: FOIA request for NIDDK emails

Hi Valery,

If CIT were to initiate a search for the requested messages, would the messages be sent to us to review
for potential info that may need to be redacted, before providing to the requestor?

I ask because I checked with Dr. Kevin Hall, who is an intramural scientist, regarding whether there may
be any info, such as unpublished research, in the emails that may need to be redacted. The answer is
essentially that there would be a need for redacting some info. Kevin replied that this request may
relate to his recent commentary and reanalysis of a new low carbohydrate diet study and some
discussions that ensued with some of the individuals whose names are among the keywords; he doesn't
think there is anything proprietary about those discussions. However, he also noted that he has had
some discussions about potential research collaborations with one of the individuals that are unrelated
to the issues above, and thus he thinks those should be redacted. He further noted that the FOIA
request is asking for emails dating back to 2014, and that he's had many conversations with these
individuals since that time, so this might require a bit more work regarding potential redactions.

Please let me know your comments on this.

Thanks,
Lisa

From: Gheen, Valery {NIH/NHLBI} [E]

Sent: Friday, November 30,201811:19 AM
To: Hoover, Camille {NIH/NIDDK} [E] <camille.hoover@nih.gov>; Gansheroff, Lisa {NIH/NIDDK} [E]
<GansheroffL@EXTRA.NIDDK.NIH.GOV>
Subject: FOIA request for NIDDK emails

Dear Camille and Lisa - We received the attached FOIA request yesterday for email messages containing
certain keywords from Kevin Hall's NIDDK account. Please provide your approval to initiate a search via
CIT for the requested messages. If you would like to discuss the request, please let me know. Thanks
very much! - Val

Valery Gheen
Deputy Chief, Freedom of Information and Privacy Act Branch
National Heart, Lung, and Blood Institute
National Institutes of Health
301-496-9737 FOIA line
301-827-6254 direct line

4
Secure Email and File Transfer Service Page 1 of 1

Emails for review

To Hall, Kevin (NIH/NIDDK) [E]
Date available 06/13/2019 11:56 AM
Date expires 09/12/2019 12:00 AM (Expired)
Password assigned No
Notify when First time
recipients access this
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Hi -- Here are the emails for your review and input. Please let me know if you
have questions or would like to discuss.
Valery Gheen
(0) 301-496-9737
(D) 301-827-6254
Email notification message
You have been sent a secure message/file(s). To access the secure message/file
(s), click on the following link or copy and paste the link into the browser.
Files

proposed redactions on Hall email for input.zip

379
MB

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Secure Email and File Transfer Service Page 1 of 1

NIH FOIA Request 48688, Peter Heimlich

To Gansheroff, Lisa (NIH/NIDDK) [E]
Date available 10/17/2019 03: 58 PM
Date expires 12/17/2019 12:00 AM (Expired)
Password assigned No
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recipients access this
delivery
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files
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Hello -- Here are the Kevin Hall emails for your review and awareness. Please
let me know if you have any questions, comments, or concerns. - Val
Email notification message
You have been sent a secure message/file(s). To access the secure message/file
(s), click on the following link or copy and paste the link into the browser.
Files
193
Request 48688 redacted.pdf
KB

360
Kevin Hall email for Heimlich request with translucent proposed redactions 10-17-19.zip
MB

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Secure Email and File Transfer Service Page 1 of 1

Fwd: NIH FOIA Request 48688, Peter Heimlich

Hoover, Camille (NIH/NIDDK) [E];
To
heather. rieff@nih.gov
Date available 10/17/201903:59 PM
Date expires 12/17/2019 12:00 AM (Expired)
Password assigned No
Notify when First time
recipients access this
delivery
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files
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Secure message
Hello -- Here are the Kevin Hall emails for your review and awareness. Please
let me know if you have any questions, comments, or concerns. - Val
Email notification message
You have been sent a secure message/file(s). To access the secure message/file
(s), click on the following link or copy and paste the link into the browser.
Files
193
Request 48688 redacted.pdf
KB

360
Kevin Hall email for Heimlich request with translucent proposed redactions 10-17-19.zip
MB

https:/ Isecureemail.nih.goy/bdslDeliyeryFullDetailsPrintPreyiewSender.do?method=deliye...1/13/2020
Secure Email and File Transfer Service Page 1 of 1

Fwd: Heimlich FOIA records

Gansheroff, Lisa (NIH/NIDDK) [E];
To heather.rieff@nih.gov
Date available 12/04/2019 12:00 AM
Date expires 01/02/2020 12:00 AM {Expired}
Password assigned No
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Hi Lisa - Here is the file with opaque redactions you can share with staff. You
may want to give Kevin a copy as well. I haven't talked with him since his
initial review. - Val
Email notification message
You have been sent a secure message/file(s). To access the secure message/file
(s), click on the following link or copy and paste the link into the browser.
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269
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Secure Email and File Transfer Service Page 1 of 1

FOIA email records

Reiter, Amy (NIH/NIDDK) [E]; Yuan, Lisa (NIH/NIDDK)
To
[E]
Cc heather.rieff@nih.gov
Date available 12/09/2019 07:37 AM
Date expires 02/08/2020 12:00 AM
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Hello - Here are the FOIA response emails for your review and awareness.
Valery Gheen
NHLBI FOIA Service Center
301-496-9737
Email notification message
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Secure Email and File Transfer Service Page 1 of 1

Subject: FOIA email records

From Gheen, Valery (NIH/NHLBI) [El
To Reiter, Amy (NIH/NIDDK) [El; Yuan, Lisa (NIH/NIDDK) [E]
Cc heather.rleff@nlh.gov

r;-- Re: FOIA email records #1

By: lisa.yuan@nih.gov Date: 12/09/201902:07 PM

Thank you! Just letting you know I was able to download successfully.
Best,
Lisa

https:llsccurecmail.nih.govlbds/Deli very PrintPreviewRecipient.do ?method=printPreview&... 1113/2020