Margaret Hamburg, commissioner of the FDAI was going to make an attempt at humor by suggesting that the new Raw Milk Institute being organized by Mark McAfee of Organic Pastures Dairy Co. designate Margaret Hamburg, the U.S. Food and Drug Administration’s commissioner, as RAWMI’s first chairperson. After all, no one is doing more to hype raw milk than the commissioner and her cronies.

Each time she leads her charges in the morning waker-upper at the agency, “Kill raw milk, kill raw milk…” she seems to attract ever more media coverage, which leads to many thousands more adherents.

As several people pointed out following my previous post, Fox News yesterday ran yet another major feature extolling raw milk. It even added a poll question at the end, asking readers if they’d drink raw milk and, whaddaya know, more than three-fourths said, “YES!”

And the situation in Kentucky after public health officials went after a Louisville buying group…well, that buying group’s 150 or so members are now essentially unanimous in defying the state public health “quarantine” on the milk, and the local “cease-and-desist” order I reported on in the previous post.

The case has already become serious news down south. “We have had TONS of responses from our reps/senators/council people,” says John Moody, co-administrator of the buying club. And then there’s the media attention–it’s already spilled over to Moody. Listen to this interview he just did with a local radio show. He does a superb job of explaining the private nature of the buying club’s organization under questioning by the show’s hosts as to why the club isn’t more involved with Kentucky agriculture officials.

But as much of a marketing education bonanza as the FDA’s campaign is turning out to be, the other side of the coin is that the FDA and its state cronies are wrecking lives and winning legal cases…and becoming ever more emboldened. They just scored a win in Wisconsin, where an appeals court judge rejected Max Kane’s appeal of his contempt-of-court conviction. (He says he plans to appeal, and in the meantime, is providing nutritional health consulting services to help pay his legal expenses.)

In Missouri, state Milk Board officials are seeking to hold Morningland Dairy’s owners in contempt of court after they refused efforts by state officials to search their farm; they refused in part because there was no warrant, and the case against them, which they lost earlier this year, is under appeal; a hearing is scheduled in two weeks on the contempt case.

As we know, the FDA has brought major resources to bear to bring down a Pennsylvania Amish farmer, Dan Allgyer, seeking a permanent injunction barring him from serving a food club in Maryland.

And the FDA is even re-stating its contention that there is no such thing as a right to eat the foods of our choice…except re-stating the argument in ever-more arrogant and dismissive terms than originally. In its first response last year to the Farm-to-Consumer Legal Defense Fund’s suit against the agency and its prohibition of intersate raw milk sales, the FDA stated, ““There is no absolute right to consume or feed children any particular kind of food.”

Now, in a new response filed in early May, in which the FDA amends its request for dismissal of the suit, the agency states: “Even if there were some plausible argument that people have rights guaranteed under the Constitution to eat and drink anything they want (and there is not), such rights would not trump the government’s paramount interest in protecting the public health.” In other words, there isn’t even a “plausible” argument that we are the judges of what we put into our bodies. So the agency is essentially saying to the judge: You would be a complete legal fool to rule against us on this one.

The FDA repeats its supposedly conciliatory approach to consumers, “that, absent exceptional and unforeseen circumstances, it will not enforce the PHSA Regulation {prohibiting raw milk sales across state lines} against consumers who purchase raw milk solely for personal consumption.”

They clearly feel they’ve got legal momentum,  Margaret Hamburg and company. (I refer to Hamburg because I’m told by someone in a position to know that she is personally supportive of this anti-raw-milk offensive.)
 
So the FDA is on a legal roll, winning battle after battle. But somehow, you get this feeling they are losing the war. What it will take to win the war, I’m afraid, is heavy-duty political activism of the sort being extolled by Violet Willis following my previous post. And no need to apologize, Violet, the effort required is way bigger than anything that can be brought to bear by this blog. It will take lots of people organizing. The good news is that the FDA and Margaret Hamburg are giving people new reasons every day to take on the challenge.