Challenging FDA's Discretionary Authority

Law360, New York (April 9, 2012, 1:12 PM EDT) -- Recently, Federal Magistrate Judge Theodore Katz in the Southern District of New York granted summary judgment to plaintiffs in a suit against the U.S. Food and Drug Administration regarding the “subtherapeutic use” of antibiotics in animal feed.

The Natural Resources Defense Council, Center for Science in the Public Interest, Public Citizen and Union of Concerned Scientists sued the FDA to compel it to conduct notice and hearings regarding the safety of antibiotics in animal feed. The court ordered the FDA to act, and the ruling challenges...
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