FTCLDF Answers FDA Motion to Dismiss Raw Milk Lawsuit

[Guest guest]

FOR IMMEDIATE RELEASE

FTCLDF Answers FDA's Motion to Dismiss

Challenge to Interstate Prohibition on Raw Milk for Human Consumption

Falls Church, Virginia (June 15, 2010) - 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 Administration (FDA) to dismiss the lawsuit brought by

the Fund earlier this year.

Aiming to overturn the federal ban that prohibits raw milk for human consumption

in interstate commerce, the lawsuit claims that the federal regulations (21 CFR

1240.61 and 21 CFR 131.110) are unconstitutional and outside of FDA's statutory

authority as applied to FTCLDF's members and the individual plaintiffs named in

the suit.

" FDA made some pretty incredible arguments in their motion to dismiss, " said

Fund President Pete Kennedy. " Our research shows that this nation has a long

history of consuming raw dairy products and that FDA's prohibition against

taking raw dairy for human consumption across state lines runs counter to that

national history, " stated Kennedy.

Contrary to FDA's claims, the Fund argues in its brief that everybody has the

right to travel across state lines with raw dairy products in their possession,

that everybody has the right to consume the foods of their choice, that parents

have the right to feed their children the foods of their choice, and that

everybody has the right to be responsible for their own health.

" We believe we are breaking new ground in this case, " said the Fund's General

Counsel , " yet in a way, we are really asking the Court to expressly

recognize what our Founding Fathers implied in the Declaration of Independence

and in the Constitution. "

FDA has the option of filing a reply brief within seven days. Further details

about the lawsuit are posted at www.farmtoconsumer.org/litigation-FDA.htm

The Farm-to-Consumer Legal Defense Fund, a 501©(4) nonprofit, defends the

rights and broadens the freedoms of family farms and protects consumer access to

raw milk and nutrient dense foods.

Concerned citizens can support the Fund by calling 703-208-FARM (3276) or by

joining the Fund at www.farmtoconsumer.org. The Fund's sister organization, the

501©(3) Farm-to-Consumer Foundation (www.farmtoconsumerfoundation.org), works

to promote consumer access to local, nutrient-dense food and support farmers

engaged in sustainable farm stewardship.

For more information call Pete Kennedy 703-208-3276 or email

president@...

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The press release is available online:

http://www.ftcldf.org/press/press-FTCLDF-answers-FDA.htm

Monitor this link for updates on the lawsuit:

http://farmtoconsumer.org/litigation-FDA-status.htm