Page 76 - Winter2008

A Campaign for Real Milk

RAW MILK UPDATES
by Pete Kennedy, Esq.

Growing numbers of consumers who want brochures and other promotional materials, as
to obtain raw milk these days can find a source well as at least one website which has a “hot link”
without much trouble. That being said, there is to OPDC’s website, all contain claims that OPDC
a continuing campaign by state and federal gov- products can “cure, mitigate, treat or prevent
ernments to either eliminate or reduce producer various diseases” including, but not limited to,
access to consumers who want raw milk. FDA asthma, eczema, psoriasis and arthritis. Accord-
is at the center of the effort to effectively deny ing to the complaint, the health claims made by
consumers their legal right to consume raw dairy the dairy for its products would make it guilty of
products. This update begins with the latest de- not filing a new drug application as required by
velopment in FDA’s attempt to completely shut the FFDCA.
down the interstate raw dairy sales of Organic The suit seeks to enjoin OPDC from “di-
Pastures Dairy Company, the nation’s largest raw rectly and indirectly introducing and delivering
milk retailer. for introduction . . . into interstate commerce
A Campaign raw milk and raw milk products in any form.”
for Real Milk CALIFORNIA: The attorneys handling the case for the federal
is a project of CIVIL SUIT AGAINST government have made clear to the dairy that this
the Weston A. ORGANIC PASTURES includes OPDC’s dairy products with colostrum.
On November 20, 2008, the federal govern-
McAfee’s position is that under federal law co-
Price ment, through the U.S. Attorney in Fresno, filed lostrum is neither milk nor a raw milk product
Foundation. a civil complaint to permanently enjoin Organic but rather a dietary supplement not subject to the
To obtain Pastures Dairy Company (OPDC) and its CEO prohibition on raw milk and raw milk products for
some of our Mark McAfee from distributing raw milk and human consumption in interstate commerce.
informative raw milk products in interstate commerce. The The civil complaint is independent of the
Real Milk complaint alleged that OPDC was delivering criminal investigation into OPDC [see Wise Tra-
brochures, misbranded food into interstate commerce be- ditions, Summer and Fall 2008 issues]. OPDC’s
cause products labeled as pet food were being attorney, Gary Cox (General Counsel for the
contact the knowingly sold for human consumption. Farm-to-Consumer Legal Defense Fund), con-
Foundation at The suit also alleged that OPDC was de- tinues to be in negotiations with U.S. Attorney’s
(202) livering new drugs into interstate commerce. office in Fresno over a possible settlement in the
363-4394. Under the Federal Food, Drug and Cosmetic Act criminal case.
Check out our (FFDCA) any product is considered a drug if it is WASHINGTON:
“intended for use in the diagnosis, cure, mitiga-
website, tion, treatment or prevention of disease.” Under DEE CREEK FARM
www. the Act a new drug is any drug “the composition In December 2005, some shareholders in
RealMilk.com of which is such that such drug is not generally Dee Creek Farm’s cow share program became
for additional recognized, among experts qualified by scientific sick from E. coli O157:H7 [see Wise Traditions,
information training and experience to evaluate the safety Winter 2005/Spring 2006 issue for more details].
and sources and effectiveness of drugs, as safe and effective The Washington State Department of Agriculture
for use under the conditions prescribed, recom-
(WSDA) linked the illnesses to the consumption
of Real Milk mended, or suggested in the labeling thereof.” of raw milk produced by the farm and severely
products. The complaint charges that OPDC’s website, punished its owners, Michael and Anita Puckett.
76 Wise Traditions WINTER 2008