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Judge Dismisses Suit Challenging FDA Raw Milk Policy

A federal judge in Iowa has rejected a lawsuit that sought to expand access to raw milk by challenging a Food and Drug Administration rule that bans interstate shipments of unpasteurized milk.

DES MOINES, Iowa (AP) — A federal judge in Iowa has rejected a lawsuit that sought to expand access to raw milk by challenging a Food and Drug Administration rule that bans interstate shipments of unpasteurized milk.

U.S. District Judge Mark Bennett in Sioux City dismissed the two-year-old case filed by a nationwide group of raw milk drinkers, producers, and distributors. The lawsuit contends the FDA rule allowing only pasteurized milk to be sold across state lines violates their constitutional rights to travel freely and decide what to feed their families.

FDA officials say it focuses enforcement on distributors and producers not individuals.

Bennett dismissed the case Friday concluding the raw milk supporters have not suffered an injury because the government has made it clear it doesn't plan on enforcing the regulations against individuals.