Dive Summary:
- The FDA is currently tangled in litigation surrounding the interstate sale of raw milk and raw milk products.
- Organic Pastures Dairy Company brought about the lawsuit to try and get the FDA to vote on a 4 year old petition that is trying to overturn the ban.
- The company, and many like it across the U.S., hope to be able expand their markets, but the FDA has been less than forthcoming about their decision, all but forcing Organic Pastures to sue.
From the article:
In its lawsuit filed with the U.S. District Court for the Eastern District of California, Organic Pastures stated it has repeatedly asked FDA about a ruling on its petition. The company claims FDA has been unable to provide an answer on when it will issue a ruling, leaving Organic Pastures no choice but to file suit.
FDA only had 180 days to respond to the initial petition, said Pete Kennedy, founder of the Consumer-to-Farmer Legal Defense Fund, which is litigating the case on behalf of Organic Pastures. Kennedy acknowledged FDA could obtain more time under certain circumstances, but "we don't think they are allowed this much more."
FDA has "no respect whatsoever for raw milk," declared Mark McAfee, the founder and CEO of Organic Pastures, in a phone interview Wednesday. "They do not want to regulate it and they want to keep it off their plate."