Pet Food Regulations

FDA Long History of Ignoring Federal Law

How can an arm of the government ignore the laws they are supposed to enforce? The FDA ignores Federal food safety laws with pet food, and a recent lawsuit won against the FDA tells us the FDA has been ignoring laws for years. When will someone hold the FDA to the same accountability that every U.S. citizen is held to, obeying the law.

Susan Thixton

Published

June 17, 2010

“The FDA is responsible for protecting the public health by assuring the safety, efficacy, and security of human and veterinary drugs, biological products, medical devices, our nation’s food supply, cosmetics, products that emit radiation, and tobacco products.” http://www.fda.gov/AboutFDA/CentersOffices/default.htm

Despite the Federal Food, Drug, and Cosmetic Act laws that specifically state no food (human or animal food) can contain the tiniest piece of 4D (dead, dying, diseased and disabled) animal or euthanized animal, the FDA tells pet food they will not enforce the law. Attorney Jonathan Emord, who recently represented Alliance for Natural Health against the FDA and won, tells us that the FDA has been ignoring other laws for years.

From his recent post regarding the legal win against FDA censorship of the benefits of natural foods and supplements (I encourage you to read the entire post, link provided below)…“The story behind the story is that FDA utterly refuses to comply with the Pearson decision and with that case’s progeny. A short time after Pearson v. Shalala was decided, I was informed by an FDA employee in the know that the FDA would “never abide by that court decision, never, ever.” He meant to dissuade me from future litigation on the notion that it would be costly and futile given the fact that FDA would continue to censor claims, regardless of what the courts ruled.”
http://www.laleva.org/eng/2010/06/us_district_court_gives_fda_a_sorely_needed_drubbing.html

How can this continue? The ‘Pearson v. Shalala’ case mentioned above was decided January 15, 1999 (simply, this case required the FDA to allow health claims of natural foods and supplements proven by scientific evidence and instructed the FDA to provide clear definitions of ‘scientific evidence’). Eleven years later, the FDA continues to threaten and censor natural foods and supplements health claims and they have NOT provided definition of ‘scientific evidence’ they require. Eleven years later the FDA continues to do as they wish, not as law requires. Small companies producing cherry juice (as example) scientifically proven to improve health STILL cannot quote research for fear of FDA threats; small companies cannot afford to fight for their legal rights. Yet drugs with every side effect under the sun are pitched to consumers with FDA approval. Eleven years later the FDA adamantly defends Big Pharma regardless of law. There is something very wrong with this picture. To read the Pearson v. Shalala case, http://lw.bna.com/lw/19990202/985043.htm

A couple of years ago, many of you wrote your Representatives in Congress asking them to hold the FDA accountable for food safety laws and pet food. Only one Senator actually read the letter (every pet owner sent basically the same letter, citing the Food, Drug and Cosmetic Act law and citing the FDA website instructing Field Officers to ignore the law); Senator Byrd of West Virginia. From reading their canned responses it was clear over 50 other Congressional Representatives didn’t read a word of our letter and did absolutely nothing to hold the FDA accountable.

The FDA still today allows euthanized animals (and the lethal drug that killed them; pentobarbital), road kill, diseased animals and diseased animal parts, drugged animals rejected for use in human food, expired grocery store meat including the plastic packaging, and more…to become common pet food ingredients. Worse yet, the FDA with the help of AAFCO pet food regulations, allows this hideous garbage to become common pet food ingredients and then allows this pet food to be labeled as ‘choice’ and/or ‘premium’. Unknowing pet owners are spending hard earned dollars purchasing foods and treats for their beloved family members that is little more than refurbished industrial waste.

The FDA website gives the following (ridiculous) excuse for ignoring Federal law with pet food…“the Center for Veterinary Medicine (CVM) is aware of no instances of disease or other hazard occurring from canned packing house offal or the tissues of animals that may have died otherwise than by slaughter.” http://www.fda.gov/ICECI/ComplianceManuals/CompliancePolicyGuidanceManual/ucm074710.htm

‘No instance of disease or other hazard’? I dare the FDA to study the health of pets fed a ‘packing house offal and tissues of animals that died other than by slaughter’ diet compared to pets fed a human grade meat (FDA & AAFCO forbidden term) diet. I’m confident in just six months (probably even six days), anyone could see a clear difference in the health of these two groups of pets. Needless to say, the FDA doesn’t do that study.

So what do we do? What do ordinary law abiding citizens do to get someone of authority to hold the FDA to the laws – the very design of this arm of the government – was initiated to enforce? I’m really at a loss.

Natural foods and supplements that have scientific evidence supporting health benefits should be able to tell consumers of these benefits. But they can’t. Pet foods and treats that contain ingredients made from diseased, dying, disabled animals and euthanized animals should not be available for sale in every major retail chain and grocery across the country. But they are.

Wishing you and your pet(s) the best,

Susan Thixton
Pet Food Safety Advocate
Author, Buyer Beware
Co-Author Dinner PAWsible
TruthaboutPetFood.com
PetsumerReport.com

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