FTCLDF has filed suit against the U.S. Food and Drug Administration (FDA) and its parent agency, Health and Human Services (HHS) claiming that FDA's regulation banning the interstate transportation of raw milk and raw dairy products for direct human consumption constitutes several violations of the United States Constitution and federal law.

The FDA has filed a renewed motion to dismiss which the Fund has opposed.  FDA is arguing, in part, that we do not have constitutional rights to carry raw milk across state lines or to consume raw milk after transporting it across state lines.  We are waiting on a ruling from the Court on FDA's renewed motion to dismiss.

In addition, the Fund has filed a motion for summary judgment that could dispose of the case without having to proceed to trial.  The Fund is arguing in its summary judgment motion, in part, that we have do have constitutional rights to carry raw milk across state lines and to consume raw milk after transporting it across state lines.  We are waiting on a ruling from the Court on the Fund's motion for summary judgment.

If the Fund is successful in its suit, citizens and their agents would be able to cross State lines with packaged raw milk and other raw dairy products in their possession, and would be able to consume those raw dairy products in their States of residence.

On November 1, 2011, FDA issued a press release and stated it had no intention of bringing an enforcement action against any consumer who traveled across state lines with raw milk in their possession for their own consumption.  This recent press release constitutes a change in FDA's position, whereby FDA previously informed the court that although a consumer who crosses state lines with raw milk in their possession would be in violation of 1240.61, FDA would reserve to itself the discretion of whether the facts warranted an enforcement action.

Because FDA has now changed its position, the Fund filed motions with the court, seeking to include the FDA press release as part of the record, seeking to amend its brief in support of its motion for summary judgment, and seeking to amend its brief in resistance to FDA's renewed motion to dismiss, arguing that FDA's change in position was pertinent to the issues in the case.  The court agreed and stated "I conclude that the press release and arguments about its impact are clearly relevant to this litigation."  FDA has until November 18th to file its papers and argue why the press release is not relevant to the case.