Posted July 28, 2014
In a 2-to-1 decision, a federal appeals court has rule that the Food and Drug Administration (FDA) does not have to ban the practice of feeding antibiotics to “healthy, food-producing livestock, according to a Wall Street Journal article by Ed Silverman available here. Food Safety News also published an article available here, Chicago Tribune here, and Meat and Poultry Journal here.
In 2011, the Natural Resources Defense Council (NRDC), the Center for Science in the Public Interest, Food Animal Concerns Trust, Public Citizen, and the Union of Concerned Scientists filed a lawsuit to ban the routine practice of antibiotics in healthy animals, unless it could be proven that their medicine would not harm humans.
FDA has been promotion voluntary limits on animal feed containing antibiotics. In December, FDA began implementing a strategy to phase out the feed’s “indiscriminate use” except for when the use is “medically necessary,” according to the Chicago Tribune.
Circuit Judge Gerard Lynch stated that the FDA deserved deference, even if agency officials possessed concern about the safety of the feed.
“While the agency regards the indiscriminate and extensive use of such drugs in animal feed as threatening, it does not necessarily believe that the administration of antibiotics to animals in their feed is inherently dangerous to human health,” wrote Lynch.
Chief Judge Robert Katzmann was not in favor of the ruling.
“Today’s decision allows the FDA to openly declare that a particular animal drug is unsafe, but then refuse to withdraw approval of that drug. It also gives the agency discretion to effectively ignore a public petition asking it to withdraw approval from an unsafe drug. I do not believe the statutory scheme can be read to permit those results, and I must therefore respectfully dissent,” said Katzmann, according to the Meat and Poultry Journal.
The Centers for Disease Control and Prevention has estimated that at least 23,000 people die each year from antibiotic-resistant infections, according to Food Safety News.
FDA spokeswoman Jennifer Dooren said, “The FDA is currently reviewing the decision but is pleased with the outcome.”
The case is Natural Resources Defense Council Inc et al v. FDA et al, 2nd U.S. Circuit Court of Appeals, Nos. 12-2106, 12-3607.
For more information on food safety, please visit the National Agricultural Law Center’s website here.
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