AAP News Vol. 3 No. 2 February 1987, p. 1
© 1987 American Academy of Pediatrics
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Judge requires FDA to ban interstate sale of raw milk

While a recent ruling requiring the Food and Drug Administration (FDA) to ban the interstate sale of raw milk ends 13 years of proceedings, some say the ruling will have only a minimal impact and others suggest that the battle is not yet over.

The Academy filed an amicus brief in the suit brought by Public Citizen, a non-profit public interest group, the American Public Health Association and others. The suit charged that former Health and Human Services Secretary Margaret Heckler's denial of a petition calling for a ban on the interstate and intrastate sale of raw milk was "arbitrary, capricious and not in accordance with the law." The suit also challenged a 13-year-old stay on a 1973 FDA rule banning the interstate sale of all raw milk products. Heckler had refused to lift the stay on the interstate sale of certified raw milk because most raw milk is sold intrastate.