FDA Interstate Raw Milk Shipment Ban

Overview

UPDATES | DOCUMENTS | PRESS RELEASES | RELATED NEWS

Farm-to-Consumer Legal Defense Fund et al v. United States Department of Health and Human Services et al
The Farm-to-Consumer Legal Defense Fund (FTCLDF) has filed a lawsuit on behalf of its members against the United States Department of Health and Human Services (HHS) and the United States Food and Drug Administration (FDA) challenging the legality of FDA’s ban on the interstate distribution of raw milk for human consumption.

Plaintiffs (P): FTCLDF, Jennifer Allen, Michael Buck, Anne Cooper, Laurie Donnelly, Joseph Heckman, Dane Miller, Cynthea Rose, Eric Wagoner

Defendants (D): U.S. Dept. of Health and Human Services (HHS); Kathleen Sebelius, Secretary of HHS; Margaret Hamburg, Commissioner of U.S. Food and Drug Administration (FDA)

Judge (J): United States District Court for the Northern District of Iowa, Western Division – Judge Mark W. Bennett

Case Number: 5:10-cv-04018

Updates

Nov 3, 2011 – Lawsuit against FDA Interstate Raw Milk Ban

Mar 28, 2011 – Federal Raw Milk Suit: FDA Answers the Judge
In an unsurprising response to questions submitted to it by a federal judge, the Food and Drug Administration (FDA) has asserted that any commercial transaction involving the transport of raw milk for human consumption across state lines is subject to the agency’s jurisdiction and is illegal. It is now a matter of public…more

Sep 22, 2010 – FTCLDF Case Updates
After the judge ruled on August 18 to deny FDA’s request to dismiss the case, the judge also gave the parties the option to have FDA make “an initial administrative determination” on questions regarding three scenarios with respect to the interstate ban. The parties submitted a status report on September 17 and the judge issued an order giving FDA up to six months to provide answers during which time the parties are to continue submitting status reports. Read the details under “Lawsuit against FDA Interstate Raw Milk Ban”.

Jun 15, 2010 – FDA Lawsuit: FTCLDF Answers FDA’s Motion to Dismiss
On June 14, the Farm-to-Consumer Legal Defense Fund (FTCLDF) filed its brief in resistance to FDA’s motion to dismiss. “FDA made some …more

May 6, 2010 – FDA’s response to FTCLDF suit over interstate raw milk ban

Documents

Apr 5, 2012 [P]

• Plaintiff’s Motion to Amend Judgment
• Plaintiff’s Brief in Support of Motion to Amend Judgment

Mar 30, 2012 [J]

• Memorandum Opinion and Order Regarding Defendants’ Renewed Motion to Dismiss and, in the Alternative, Motion for Summary Judgment and Plaintiffs’ Motion for Summary Judgment

Nov 15, 2011 [D]

• Defendants’ Combined Response to Plaintiffs’ Amended Briefs in Support of Summary Judgment and Resistance to FDA’s Renewed Motion to Dismiss

Nov 4, 2011 [P]

• Plaintiffs’ Motion to Amend and Supplement Their Brief in Resistance to FDA’s Renewed Motion to Dismiss
• Plaintiffs’ Motion to Amend and Supplement Their Brief in Support of Motion for Summary Judgment
• Plaintiffs’ Motion to Amend and Supplement Their Appendix in Support of Their Motion for Summary Judgment

Nov 4, 2011 [J]

• Order

Jul 8, 2011 [P]

• Plaintiffs’ Unresisted Motion to Exceed 5 Pages for Reply in Support of Motion for Summary Judgment
• Plaintiffs’ Reply in Support of Their Motion for Summary Judgment
• Plaintiffs’ Reply to Defendants’ Statement of Additional Material Facts

Jul 1, 2011 [D]

• Defendants’ Brief in Resistance to Plaintiffs’ Motion for Summary Judgment [22 pages]
• Defendants’ Response to Plaintiffs’ Statement of Material Facts
• Defendants’ Statement of Additional Material Facts
• Defendants’ Appendix in Resistance to Plaintiffs’ Motion for Summary Judgment [45 pages]
• Defendants’ Reply in Support of Defendants’ Motion for Summary Judgment

Jun 10, 2011 [P]

• Plaintiffs’ Motion for Summary Judgement and Brief in Support
• Plaintiffs’ Brief in Support of Their Motion for Summary Judgment [40 pages]
• Plaintiffs’ Brief in Support of Resistance to Defendant’s Revised Motion to Dismiss and Motion for Summary Judgment [54 pages]

May 11, 2011 [D]

• Defendants’ Renewed Motion to Dismiss and, in the Alternative, Motion for Summary Judgment
• Defendants’ Statement of Material Facts
• Defendants’ Appendix in Support of Defendants’ Motion for Summary Judgment
• Defendants’ Motion to Exceed Page Limitations
• Brief in Support of Defendants’ Renewed Motion to Dismiss Plaintiffs’ Amended Complaint, and, in the Alternative, for Summary Judgment; and Brief on the Merits in Support of FDA’s Promulgation of Challenged Regulations [55 pages]

Apr 18, 2011 [D]

• Notice of Filing Administrative Record

Apr 1, 2011 [J]

• Order Lifting Stay and Setting Supplemental Briefing Schedule

Mar 16, 2011 [D]

• Defendant’s Status Report of March 16, 2011
• Exhibit A – Initial Administrative Determination Pursuant to …

Monthly Status Reports Submitted to Judge by Defendants and Plaintiffs:

• Mar 17, 2011 [P]
  • Plaintiffs’ March 2011 Status Report
  • Exhibit – FoodNet Population Survey – Atlas of Exposures, 2006-2007 [28 pages]
• Mar 16, 2011 [D]
  • Defendant’s Status Report of March 16, 2011
  • Exhibit A – Initial Administrative Determination Pursuant to …
• Feb 18, 2011 [P]
  • Plaintiffs’ February 2011 Status Report
• Feb 17, 2011 [D]
  • Defendants’ Status Report of February 17, 2011
• Jan 18, 2011 [P]
  • Plaintiffs’ January 2011 Status Report
  • Exhibit – various patient information announcements for FDA-approved drugs [11 pages]
• Dec 16, 2010 [P]
  • Plaintiffs’ December 2010 Status Report
• Dec 16, 2010 [D]
  • Defendants’ Status Report of December 16, 2010
• Oct 18, 2010 [P]
  • Plaintiffs’ October 2010 Status Report
  • Exhibit – various documents that were emailed as attachment to Defendants [51 pages]
• Oct 18, 2010 [D]
  • Defendants’ Status Report of October 18, 2010
• Sep 17, 2010 [P/D]
  • Joint Status Report
  • Exhibit A – [Proposed] Order Referring Questions for an …

Aug 18, 2010 [J]

• Memorandum Opinion and Order Regarding Defendants’ Motion to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim upon which Relief Can Be Granted

Jul 30, 2010 [P]

• Plaintiffs’ Reply Brief in Support of Motion to Admit Newly Discovered Evidence

Jul 30, 2010 [D]

• Defendants’ Brief in Support of Resistance to Plaintiffs’ Motion to Admit Newly Evidence

Jul 24, 2010 [P]

• Plaintiffs’ Brief in Support of Motion to Admit Newly Discovered Evidence

Jun 21, 2010 [D]

Reply in Support of United States’ Motion to Dismiss Plaintiffs’ Amended Complaint

Jun 14, 2010 [P]

• Plaintiffs’ Brief in Support of Resistance to Defendant’s Motion to Dismiss
• Exhibit A – Affidavit of Eric Wagoner
• Exhibit B – Affidavit of Pete Kennedy
• Exhibit C – Affidavit of Steve Bemis
• Exhibit D – Affidavit of Mark McAfee

Apr 26, 2010 [D]

• United States’ Motion to Dismiss Plaintiff’s Amended Complaint
• Brief in Support of United States’ Motion to Dismiss Plaintiff’s Amended Complaint

Feb 20, 2010 [P]

• Plaintiff’s Complaint for Declaratory, Preliminary and Other Injunctive Relief

Press Releases

Apr 4, 2012 – Judge Dismisses FDA Raw Milk Lawsuit
On March 30 federal district judge Mark W. Bennett issued an order dismissing a lawsuit challenging the interstate commerce ban on raw milk for human consumption filed by the Farm-to-Consumer Legal Defense Fund against the U.S. Food and Drug Administration (FDA). Along with six consumers, an agent for a buyers club, and a dairy farmer selling raw milk to out-of-state customers, the… more

Aug 20, 2010 – Raw Milk Consumers Win Round One – Judge Refuses to Dismiss challenge to FDA’s Interstate Ban on Raw Milk
In a complex federal district court ruling, Judge Mark W. Bennett refused to grant a motion by the United States Food and Drug Administration (FDA) to dismiss a lawsuit filed against the agency by… more

Jun. 15, 2010 – FTCLDF Answers FDA’s Motion to Dismiss – Challenge to Interstate Prohibition on Raw Milk for Human Consumption
On June 14, the Farm-to-Consumer Legal Defense Fund (FTCLDF) filed its brief in resistance to the April 26 motion by the U.S. Food and Drug … more

Feb 22, 2010: FTCLDF Files Suit Against FDA over Raw Milk Ban

Related News

June 15 – FDA Lawsuit: FTCLDF Answers FDA’s Motion to Dismiss

Jun. 1, 2010 – Nanny of the Month Anti-Raw Milk Crusader Stephanie Rose
But there can be only one Nanny of the Month and this time it goes to the federal lawyer who wants to give raw milk drinkers a raw deal … more

May 30, 2010 – FDA Shows Its True Colors

May 6 – Farm-to-Consumer Legal Defense Fund May Newsletter

May 6, 2010 – FDA’s Response to FTCLDF Suit over Interstate Raw Milk Ban

Feb 22 – Farmer-consumer group challenges FDA authority to ban interstate raw-milk sales