Natural Resources Defense Council, Inc. v. Food and Drug Administration
United States District Court for the Southern District of New York
884 F. Supp. 2d 127 (2012)
- Written by Alex Ruskell, JD
Facts
In 1977, the Food and Drug Administration (FDA) issued notices of an opportunity for hearing on proposals to withdraw approval of all subtherapeutic uses of certain antibiotics in animal feed. Although the hearings were never held, the FDA noted that there was no evidence that the use of the antibiotics in animal feed was safe. The FDA conducted further research, but never withdrew the original notices until 2011. In its statement regarding the 2011 withdrawal, the FDA stated that regulatory strategies and research had changed very much since the first notices were released. The Natural Resources Defense Council, Inc. (plaintiff) sued, arguing that the FDA’s failure to withdraw approval for over 30 years constituted an unlawful withholding or unreasonable delay for agency action.
Rule of Law
Issue
Holding and Reasoning (Katz, J.)
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