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 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.
See videos belowFTCLDF filed a lawsuit earlier this year 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.
See videos belowContrary 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.
See videos below“We believe we are breaking new ground in this case,” said the Fund’s General Counsel Gary Cox, “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's Views on Freedom of Choice
Here are some of FDA's views expressed in its response on 'freedom of food choice' in general and on the right to obtain and consume raw milk in particular:
"Plaintiffs' assertion of a new 'fundamental right' to produce, obtain, and consume unpasteurized milk lacks any support in law." [p. 4]
"It is within HHS's authority . . . to institute an intrastate ban [on unpasteurized milk] as well." [p. 6]
"Plaintiffs' assertion of a new 'fundamental right' under substantive due process to produce, obtain, and consume unpasteurized milk lacks any support in law." [p.17]
"There is no absolute right to consume or feed children any particular food." [p. 25]
"There is no 'deeply rooted' historical tradition of unfettered access to foods of all kinds." [p. 26]
See videos belowClick here to read FDA's brief this a PDF
Click here to sign support HR 778 Now petition!
Click to read Farm-to-Consumer Legal Defense Fund-- RAW MILK
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So, The FDA Does Not Need A Warrant For Search And Seizure?
H/T to World Net Daily
It serves always to distract the public councils and feeble the public administration. It agitates the community with ill founded jealousies and false alarms, kindles the animosity of one part against another, foments occasionally riot and insurrection. It opens the door to foreign influence and corruption, which find a facilitated access to the government itself through the channels of party passions.
It is important, likewise, that the habits of thinking in a free country should inspire caution in those entrusted with its administration to confine themselves with in their respective constitutional spheres, avoiding in the exercise of the powers of one department to encroach upon another. The spirit of encroachment tends to consolidate the powers of all departments in one and thus to create, whatever the form of government, a real despotism.
If in the opinion of the people the distribution or modification of the constitutional powers be in any particular wrong, let it be corrected by an amendment in the way which the Constitution designates. But let there be no change by usurpation; for though this, in one instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed."
…George Washington’s Farewell Address…
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