FDA says you have no right to choose your food

FDA says “No right to eat what you want”
The people at the Farm-to-Consumer Legal Defense Fund were getting tired of people who want access to raw milk being treated like drug traffickers. So they did something about it. They filed a lawsuit against the FDA, highlighting an inherent freedom to feed ourselves and our families as we choose. The FDA’s response? We really have no choice at all.

Each Sunday during the summer months, I walk to the Farmers’ Market. There, I am faced with a wide variety of choices. I check out the meat and produce, and choose what I think are the healthiest offerings.

Choice. It’s something I just expect to have when it comes to feeding myself and my family.

Here’s a twist. It’s all an illusion. I only get to choose those foods because the FDA is allowing it. We don’t actually have any choice at all. There’s no right to consume any particular food. We don’t have a right to obtain any food we wish, nor do we have a right to… get this… bodily and physical health. And where am I getting all of this? Straight from the FDA itself.

They’re getting awfully high-and-mighty, don’t you think?

So, what brought on this power trip?

The advocacy group Farm-to-Consumer Legal Defense Fund (FTCLDF) said, “No more.” They filed a lawsuit claiming that the federal regulations banning raw milk for human consumption in interstate commerce are unconstitutional and outside of the FDA’s authority.

You see, they believe we have a right to make informed decisions about what we put into our bodies. To examine the choices available to you (in this case, processed-within- an-inch-of-its-life milk from the grocery store, and straight-from-the-farm raw milk) and make a decision that’s best for your family.

Freedom of choice. Something we all take for granted as Americans. Something the FDA, in their response to the FTCLDF’s lawsuit, says we simply don’t have when it comes to food.

Here are some highlights from the FDA’s blatant attack on choice (You can read the full brief here.):

“Plaintiffs’ assertion of a new ‘fundamental right’ to produce, obtain, and consume unpasteurized milk lacks any support in law.” [p. 4]
“There is no absolute right to consume or feed children any particular food.” [p. 25]
“There is no ‘deeply rooted’ historical tradition of unfettered access to foods of all kinds.” [p. 26]
“Plaintiffs’ assertion of a ‘fundamental right to their own bodily and physical health, which includes what foods they do and do not choose to consume for themselves and their families’ is similarly unavailing because plaintiffs do not have a fundamental right to obtain any food they wish.” [p. 26]
“There is no fundamental right to freedom of contract.” [p. 27]

So, what do we do now? Maybe you’re not a believer in milk, raw or otherwise (after all, Dr. Wright will be the first to tell you that humans really don’t need to be drinking cows’ milk). But that’s not the point here. The point is that we, as informed consumers, rely on being allowed to make choices in what we eat and drink. If the FDA succeeds in pushing this anti-choice agenda, which food is next on their list? We must protect our right to feed ourselves and our families with any wholesome, nutritious foods we choose.

You can learn more about the FTCLDF’s fight, and what you can do to help, at http://www.ftcldf.org/.

Sources:
“Brief in Support of United States’ Motion to Dismiss Plaintiff’s Amended Complaint,” Available at http://www.ftcldf.org/litigation-FDA-status.htm
“The Food Rights Firestorm Spreads: Is Big Dairy Helping Regulators Use MA As Test to Bust Raw Milk Buying Clubs?,” The Complete Patient (www.thecompletepatient.com)
“Case Update – FDA Raw Milk Ban,” Farm-to-Consumer Legal Defense Fund (www.ftcldf.org)