The FDA denies fundamental right to choose food; raw milk lawsuit exposes shocking overreach.

Key points:

  • Lawsuit Background: In 2010, the Farm-to-Consumer Legal Defense Fund sued the FDA, claiming that laws regulating raw milk violated the U.S. Constitution. The lawsuit was ultimately dismissed.
  • FDA’s Response: The FDA argued that there is no fundamental right to obtain any food one wishes, and there is no deeply rooted historical tradition of unfettered access to all types of food.
  • Regulation of Raw Milk: The FDA prohibits the interstate sale of raw milk due to health risks associated with its consumption. The agency maintains that raw milk can carry dangerous bacteria, which can cause serious illnesses.
  • Health Risks: The FDA and CDC have reported numerous outbreaks of illness linked to raw milk consumption, including severe cases involving miscarriages, stillbirths, kidney failure, and deaths.
  • Pharmaceutical Industry Influence: The claim that the FDA’s drug division is significantly funded by the pharmaceutical industry is also accurate. Approximately 75% of the FDA’s drug review budget comes from fees paid by pharmaceutical companies.

Sources:

nationalaglawcenter.org/raw-milk-lawsuit-against-fda-rejected/

www.farmtoconsumer.org/litigation-FDA/

www.fda.gov/food/buy-store-serve-safe-food/food-safety-and-raw-milk

nationalaglawcenter.org/amos-miller-and-the-regulation-of-raw-milk/



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