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 1240.61 and 21 C.F.R. part 131.10 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). 

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