Suit Challenging FDA on Livestock-Feed Dismissed
November 09 2015 - 9:20PM
Dow Jones News
A federal judge dismissed a lawsuit against the U.S. Food and
Drug Administration brought by advocacy groups challenging the
agency's approvals of several livestock-feed products used to
fatten farm animals.
The decision by U.S. District Court Judge Yvonne Gonzalez Rogers
is the latest twist in a battle over a drug called ractopamine,
which in recent years has become widely used on U.S. farms to
promote weight gain among turkeys, cattle and pigs. Critics of
ractopamine say it can have negative effects on animals, including
stiffness, lameness and even death. Some other governments ban the
drug, including the European Union and China.
The advocacy groups—including the Center for Food Safety, the
Humane Society of the United States and United Farm Workers of
America— filed two lawsuits against the FDA last November, seeking
to vacate 11 approvals covering 18 new and combined animal drugs
containing ractopamine. They claimed that the FDA had failed to
adequately consider the drugs' effects on animal welfare, worker
safety, wildlife and U.S. waterways. The judge in March
consolidated the two lawsuits.
In her ruling, dated Nov. 5, Judge Gonzalez Rogers said the
advocacy groups had failed to exhaust their challenges directly
with the FDA and couldn't yet bring a case in federal court. The
plaintiffs' challenges are subject to regulations requiring them to
submit what is called a "citizen petition" to the FDA and await a
response before they are entitled to file claims in federal court,
she said.
Zack Marker, an attorney at the Center for Food Safety, said the
citizen petition isn't an appropriate mechanism for the plaintiffs'
complaints in part because it "allows drugs that may be harmful to
the environment to remain on the market," pending review. According
to the ruling, federal regulations require a "tentative response"
to a citizen petition within 180 days, but don't set a mandatory
time frame for a final agency response.
Elanco, the animal-health unit of Eli Lilly & Co., which
makes ractopamine-based products for pigs, turkeys and cattle, in
June filed a motion to dismiss the lawsuits.
"We are pleased with the court's decision in this case," said a
spokeswoman for the company. "The FDA approved ractopamine nearly
15 years ago and we remain confident in its safety and the FDA's
approval process."
Write to Jesse Newman at jesse.newman@wsj.com
Subscribe to WSJ: http://online.wsj.com?mod=djnwires
(END) Dow Jones Newswires
November 09, 2015 21:05 ET (02:05 GMT)
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