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Defending the rights and broadening the freedoms of family farms and protecting
consumer access to raw milk and nutrient dense foods.
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FDA Interstate Raw Milk Shipment Ban

OVERVIEW

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 UPDATES

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

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

CASE DOCUMENTS

Mar 16, 2011 [D] - Defendant's Status Report of March 16, 2011

           Exhibit A - Initial Administrative Determination Pursuant to ...

Oct 2010-Feb 2010 [D/P] - Monthly Status Reports submitted to Judge

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

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 19, 2010 [P] - Plaintiff's Complaint for Declaratory, Preliminary and Other Injunctive Relief

PRESS RELEASES 

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 View Video

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

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