FDA Tells 2nd Circ. It's Not Bound To Feed Antibiotics Ban

Law360, New York (February 8, 2013, 6:31 PM EST) -- Courts cannot force the U.S. Food and Drug Administration to implement its own plan to ban the use of antibiotics in animal feed, the FDA told the Second Circuit on Friday, saying that would impinge on its “fundamental discretion.”

The FDA is not bound to execute its own plan to ban penicillin, tetracyclines and other antibiotics from use in livestock feed, an attorney representing the agency told a panel of judges in an appeal against a win by environmental groups.

“There's no obligation,” Assistant U.S. Attorney...
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