Organic Pastures Dairy Company, LLC v. Sebelius, et al., No. 1:12-cv-02019-SAB, 2013 U.S. Dist. LEXIS 124121 (E.D. Cal. Aug. 29, 2013)

(plaintiff petitioned FDA for exception to defendant’s (FDA) ban on interstate sales of raw milk – 21 C.F.R. Sec. 1240.61; states can regulate sales of raw milk within their borders and 29 states allow some form of raw milk sales; in late 2012, plaintiff sued FDA because it hadn’t ruled on plaintiff’s 2008 petition, and FDA then denied petition on Feb. 26, 2012; and amended lawsuit seeking finding that FDA’s denial “arbitrary and capricious” and now seeks to supplement administrative record with documents that it had not submitted to FDA when FDA was responding to petition; court determined that plaintiff failed to demonstrate sufficient grounds to supplement administrative record).