U.S. v. Scenic View Dairy, L.L.C., No. 1:10-CV-865, 2011 U.S. Dist. LEXIS 98523 (W.D. Mich. Sept. 1, 2011)

(petitioner filed complaint seeking permanent injunction against dairy farm operation, its president, and three managers for violating Federal Food, Drug and Cosmetic Act (FDCA); petitioner alleged defendants sold cull cows treated with non-FDA approved drugs and antibiotics without veterinary prescription authorizing use, thereby delivering adulterated food for introduction into interstate commerce; court found dairy administered drugs to animals without “adequate control measures” and failed to keep appropriate records, creating reasonable possibility that edible tissues from animals may be rendered injurious to human health; dairy violated 21 U.S.C. §331(k) by adulterating drugs while held for sale and after shipment in interstate commerce; defendants “extralabel” use of new animal drugs resulted in violative tissue residues in violation of §331(u); court ordered parties to submit proposed agreed injunction within 28 days of court order).