Farm-To-Consumer Legal Defense Fund, et al. v. Sebelius, 734 F.Supp.2d 668 (N.D. Iowa 2010)

(plaintiff, activist group that advocates for legalization of raw milk, challenges 21 C.F.R. part 1250.61 and 21 C.F.R. part 131.110 which prohibits raw milk for human consumption in interstate commerce as unconstitutional as applied to plaintiff's members and other plaintiffs named in suit; court partially denied defendant's motion to dismiss by ordering proceedings in case to be stayed 60 days to allow plaintiffs time to decide whether to file citizen petition with FDA; if citizen petition filed, court will delay suit until administrative proceedings completed or until FSA fails to take action within time required by law; if citizen suit petition not filed, court will reconsider defendant's motion to dismiss; primary question in case is whether regulations at issue applies to and prohibits persons traveling from one state where it is illegal to buy raw milk to another state where it is legal to make such a purchase and then return to the original state where the raw milk is then consumed; in later opinion, Farm-To-Consumer Legal Defense Fund v. Sebelius, 2012 U.S. Dist. LEXIS 46290 (N.D. Iowa Mar. 30, 2012), on renewed motion to dismiss and alternative motion for summary judgment, issue before court was whether plaintiffs had standing to pursue challenges to validity of regulations; court noted that plaintiffs failed to allege that FDA had applied or tried to apply regulations to them; no threat of injury in fact and FDA has made it clear that it has no intention of enforcing regulations against any of plaintiffs; FDA has never taken nor does it intend to take any enforcement action against an individual who purchased and transported raw milk across state lines solely for personal consumption; case dismissed). 

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