The FDA shows its hand in FTCLDF suit

Latest analysis of the American scene from David E. Gumpert at the Complete Patient blog. An excerpt:

“…..The FDA even suggests that it is being benevolent by not banning raw milk entirely, pointing out that the 1987 court decision that led it to implement a ban on interstate shipment and sale of raw milk asserted “that ‘it is within HHS’s authority…to institute an intrastate ban as well’… FDA could have…prohibited intrastate sales but concluded ‘that State and local authorities may be better situated to deal with the public health problems attributable to unpasteurized milk.’” Thank you, thank you, most wonderful FDA.

The brief is most notable for its view of the evolution of food safety regulations, and the emerging issue of food rights. In the FDA’s view, an assortment of court decisions backing up federal legislation give it pretty much carte blanche to decide what food is safe.

This is a view that pre-dates the U.S. Constitution, in the view of FDA lawyers-turned-historians. It says that “there is no ‘deeply rooted’ historical tradition of unfettered access to food of all kinds… To the contrary, society’s long history of food regulation stretches back to the dietary laws of biblical times…Modern food safety regulation in the United States has its roots in the early food laws of the American colonies, which themselves incorporated ‘the tradition of food regulation established in England.’” The brief then cites an 1873 Virginia law “that ‘made it an offense . . . [to] knowingly, sell, supply, or bring to be manufactured . . . milk from which any cream has been taken; or milk commonly known as skimmed milk’).’”

Yes, you read that FDA example correctly. Virginia prohibited sale of milk that had been fooled with in any way, such as removing cream. Under such a regulation, pasteurization and all the other things done to modern milk would be illegal. Is that the best the FDA can come up with in terms of historical precedents?…”

Read the whole thing here.


Filed under News

2 responses to “The FDA shows its hand in FTCLDF suit

  1. deen

    Great post

    Please link to see more insight into what FDA
    is really doing

  2. Cheryl Hadden
    For the truth about raw milk.

    The push is on to stop all sales of raw milk.
    You know you are having an impact when the opposition tries to imitate you.
    This is the “informative website” offered by the foes of raw milk. Don’t be fooled by the similarity.
    They’re getting scared and getting desperate.
    It tried to sound as if it’s in support of raw milk, but we need to know a few things too, like how dangerous and deadly it is.
    And all the claims of people getting sick, cases that aren’t documented or mentioned on the CDC site or anywhere else except here.
    I wondered when they would resort to flat out lies, deceptions, and misinformation that sounds like the truth.
    They give every reason but the truth.
    And the truth is pasteurized milk won’t sell for $5 a gallon, people don’t want to pay the $2-3 it cost.
    Raw milk easily sells for $5-12 a gallon and that is after driving 40 miles to get it.
    With increasing sales, small farms have a good chance at thriving despite their size.
    What a contradiction to the factory farms that are losing money!
    You’d think that the factory dairies would get the hint and go raw just to make more money, wouldn’t you?
    But no, they must get rid of the competition, destroy anything that dares to cut into the profit and ensure that the buying public doesn’t get a fair chance to decide for themselves what to choose.
    This is their version of fair and open markets.
    If the lies and deceptions don’t work, the next step is to get a law passed to kill all competition once and for all.
    And they make the law so that the competition is destroyed but those who strayed and bought from the competition is punished too!
    So much for free market and freedom of choice.
    We must be winning the Raw Milk War!
    Viva, la revolution!

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s