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Raw Milk Expansion Lawsuit Rejected by Federal Court

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U.S. District Judge Mark Bennett in Iowa has rejected a lawsuit that challenged an FDA ban of interstate unpasteurized milk shipments. The lawsuit was filed by the Farm to Consumer Legal Defense Fund, a nonprofit agency based in Falls Church, Virginia with nearly 2,000 members across 49 states. The group promotes farm to consumer direct goods sales, and members include individuals from North Carolina, Georgia, Iowa, New Jersey, Pennsylvania, and South Carolina, including consumers, dairy farmers, and co-op members.

According to the lawsuit, regulations that prohibit the sale of raw milk across state boundaries are unconstitutional, and violate travel freedoms and the rights of families to decide what they consume.

Judge Bennett rejected the lawsuit saying that the plaintiffs have not suffered any injury, as the government agency does not enforce the regulation against consumers, the reports. Though the FDA does not promote the consumption of raw milk, the agency said in a November press release that it, “has never taken, nor does it intend to take, enforcement action against an individual who purchased and transported raw milk across state lines solely for his or her own personal consumption.”

What remains unclear is whether the FDA would take action against farmers who sell raw milk, or those who sell raw milk at farmer’s markets if the purchasers take the raw milk into states where raw milk is illegal. disclaimer: This article: Raw Milk Expansion Lawsuit Rejected by Federal Court was posted on Wednesday, April 4th, 2012 at 7:52 pm at and is filed under Food Poisoning Lawsuits.

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