Personal Injury Law

The Food and Drug Administration (FDA) has started to look into raw, or unpasteurized, milk due to the growing concern over food-borne illnesses across the country. Raw milk sales are currently prohibited in 22 states, and cross-border sales are prohibited by the FDA. States that allow the sale of raw milk for human consumption can only sell it within their borders. However, the raw milk demand is growing, in part because customers believe it contains microbes that are beneficial to treat ailments as diverse as autism and asthma. Consumers are also concerned about the chemicals and hormones that are traditionally used in dairy farming. Some believe that his is just another part of the trend for organic and unprocessed foods.

The FDA has tried to shut down the market for raw milk, but because of the hodgepodge of state laws, and the fact that states are largely in charge of regulating the raw milk industry, this is a complex issue. However, local officials in Pennsylvania have recently come down on two dairies they say were shipping raw milk across the border, and health officials in Maryland issued an emergency ban on "cow-sharing" agreements because they felt dairies were trying to skirt the ban on sales of raw milk. "Cow-sharing" is when farmers take care of cows that are leased by consumers. John Sheehan, head of the FDA's dairy office says that raw milk should not be consumed at all. "It is an inherently dangerous product."

While there are adherents and true-believers as to the benefits of raw milk, the FDA claims that hundreds of people have been sickened by salmonella, E. coli, and other types of bacteria. As a result of illnesses which can lead to death, the FDA has opened a criminal investigation of Organic Pastures, California's largest raw milk supplier, based out of Fresno and run by Mark McAfee. McAfee believes himself to be a pioneer at the front of a burgeoning movement of those who will eventually come around to his way of thinking.

Court Challenges

McAfee is also challenging a new California law that requires lower bacteria levels in raw milk. The new law is being appealed not only by McAfee, but by a state senator, and Whole Foods Co. is pressing for a law to ensure raw milk dairies will be able to stay open. However, McAfee is also the center of a lawsuit brought by the families of five children who allege were sickened by drinking raw milk.

Melissa Herzog disagrees with McAfee's stance on raw milk. She alleges her ten-year-old daughter was poisoned by E. coli in Organic Pastures' raw milk product. Herzog's daughter spent two months in the hospital as her kidneys failed in 2006. Health officials agree that the young girl was most likely sickened by the milk she drank.

If you or a loved one has been sickened by drinking raw milk, please contact an experienced injury lawyer in your area.