Dear Friend,
As you may recall, Farm-to-Consumer Legal Defense Fund (FTCLDF) and Mark McAfee of Raw Farm by Organic Pastures Dairy have been in litigation with the FDA over its ban on the interstate distribution and sales of raw butter. On Friday, July 23, 2021, FTCLDF and McAfee filed an appeal with the D.C. Circuit Court of Appeals, continuing to work to reverse the interstate raw butter ban.
As way of background, recall that in 2016, FTCLDF and McAfee filed a citizen petition to the FDA to reverse the interstate ban of this safe and nutrient rich product. The FDA failed to respond and in 2020, we had to sue in the U.S. District Court to even get a decision. In February of 2020 the FDA issued a decision denying the petition. We then urged the federal district court to overturn the FDA decision.
On May 24, 2021, the court upheld the FDA ban on raw butter. In doing so, the judge suggested that the FDA has the power to ban foods indefinitely under a public-health law meant only for emergencies. This decision presents broad implications on FDA authority, such as raw food. As explained by FTCLDF attorney Mahesha Subbaraman, “if the FDA can use the PHSA to evade” limitation on FDA authority, “the FDA is free to ban not only raw butter but also apples, oysters, sushi, and every other raw food that Americans hold dear.”
To read the court’s decision and learn more about the litigation to reverse the FDA ban, please visit our website HERE.
Finally, we are looking for allies in this battle. If you have involvement with other food freedom organizations or supporters, I’d love to chat about connecting with them. Or, if you'd simply like to donate to the cause, click HERE.
Thank you!
In good health,
Alexia Kulwiec
Executive Director
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