Enforcement Discretion

Those two words are the source of a HUGE problem pet food consumers face thanks to the FDA. Food is held to food safety laws except when it’s pet food (feed) that is allowed to violate law. No food can’t cure or treat a disease except for pet food – and that’s even if the pet ‘food’ violates food safety law (otherwise known as feed). The FDA calls this “enforcement discretion”.

On one hand the FDA adamantly defends it’s belief that no food can “cure, mitigate, treat, or prevent disease”. The FDA believes that any substance that could accomplish these feats of wonder would be considered a drug. Anything that can “cure, mitigate, treat, or prevent disease” is legally required to undergo expensive clinical trials. Well…that is except for pet food.

Pet food is allowed the privilege to “cure, mitigate, treat, or prevent disease” at FDA’s ‘enforcement discretion’. Law doesn’t allow this – FDA does.

FDA has recently taken some further enforcement discretion with human food – stating human food is ONLY allowed to make claims of “taste, aroma, or nutritive value”. FDA says “No” to ‘an apple a day keeps the doctor away’.

FDA has also recently determined that human food will not longer be allowed to be studied for its health benefits, disease prevention or treatment (such as the benefit of cranberry juice to prevent or treat urinary tract infections) without a Independent New Drug (IND) application being filed at the current cost of $2.3 million minimum. Alliance for Natural Health spoke with the Chair of the Department of Health and Nutritional Sciences at South Dakota State University who says “his department is delaying research” because of this new FDA requirement.

One more Enforcement Discretion of FDA…FDA uses the legal definition of ‘food’ when it benefits the agency’s agenda – such as this quote regarding prescription pet foods “these products meet the definition of food in section 201(f) of the FD&C Act because they are articles used for food for animals.”

(Just as a reminder – section 201(f) of the FD&C Act says “(f) The term “food” means (1) articles used for food or drink for man or other animals”.)

But then out of the other side of FDA’s mouth is this: CPG Sec. 690.300 – “Pet food consisting of material from diseased animals or animals which have died otherwise than by slaughter…will not ordinarily be actionable…It will be considered fit for animal consumption.”  Note: federal law states any food that contains diseased animals or animals that have died other than by slaughter to be adulterated and prohibited.

So…as it stands, federal law says ‘food’ means articles consumed by man or other animals and it is forbidden for any food to contain any part of a diseased animal or an animal that has died other than by slaughter. Except…pet food. The FDA says diseased animals or animals that are euthanized or have died in the field are acceptable for use in pet food.

Plus, those same diseased animals or euthanized animals processed into pet food are provided the loophole (by FDA) the ability to claim to treat or cure a disease without the lengthy and costly approval process. FDA says they have “exercised enforcement discretion” with pet food.

FDA gives pet food this legal loophole privilege with the requirement that prescription pet foods (foods that can “cure, mitigate, treat, or prevent disease”) can only be sold by veterinarians and “labeling and promotional materials with any disease claims for the product is limited so that it is provided only to veterinary professionals.”

We can assume the FDA forgot to tell the numerous websites that sell prescription pet foods about those disease claims…

Hill’s Prescription Diet c/d Feline Multicare with Chicken Urinary Tract Health Dry Cat Food

It contains the right balance of vital nutrients to help improve most lower urinary tract conditions without the need for surgery.
This formula can be fed long-term as a way to reduce the recurrence of urinary stones…
Clinically tested to dissolve struvite uroliths in as little as 7 days

Royal Canin Veterinary Diet Urinary UC Low Purine Dry Dog Food

Stopping an illness before it starts is a great way to keep your dog happy and healthy. So if you worry about your pet getting bladder stones, put some Royal Canin Veterinary Diet Urinary UC Low Purina Dry Dog Food in front of him and get some peace of mind.

iVet SPECIFIC Canine Heart & Kidney Support Formula Dry Dog Food

This specialized diet is strictly for dogs who are enduring hypertension, kidney disease, heart failure and the like. This formula does not cure these diseases but it does slow down their advancements.
•  For dogs suffering from chronic kidney disease (IRIS Stages 2-4)
•  For dogs suffering from heart failure, hypertension, peripheral edema and ascites)

Food is food, except when its pet food which is called ‘food’ but often is actually illegal waste ingredients (‘feed’). And…no food can “cure, mitigate, treat, or prevent disease” except if its pet food which again can be made from feed ingredients that violates federal law. FDA enforcement discretion.

And by the way – each and every State Department of Agriculture (state government) are also masters at enforcement discretion. Each state could enforce federal food safety laws as they are written, but each choose not to.

The law is the law for any of us – but the law is subject to ‘enforcement discretion’ with FDA and each State Department of Agriculture.

Wishing you and your pet(s) the best,

Susan Thixton
Pet Food Safety Advocate
Author Buyer Beware, Co-Author Dinner PAWsible
TruthaboutPetFood.com
Association for Truth in Pet Food

What’s in Your Pet’s Food?
Is your dog or cat eating risk ingredients?  Chinese imports?  Petsumer Report tells the ‘rest of the story’ on over 2500 cat foods, dog foods,  and pet treats.  30 Day Satisfaction Guarantee. www.PetsumerReport.com

The 2015 List
Susan’s List of trusted pet foods.  Click Here

Have you read Buyer Beware?  Click Here

Cooking for pets made easy, Dinner PAWsible

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