Pet Food Co. Slams FDA's 'Unconstitutional' Salmonella Rule - Law360

Pet Food Co. Slams FDA's 'Unconstitutional' Salmonella Rule - Law360

Law360 (July 8, 2019, 10:31 PM EDT) -- The U.S. Food and Drug Administration violated constitutional separation of powers when it issued guidance that effectively created and enforced a ban on salmonella in pet food without following federal procedural rules, according to a raw pet food manufacturer's lawsuit in Colorado federal court.

Lystn, the company behind the brand Answers Pet Food, on Friday called the guidelines "illegal shadow regulations," and said the FDA's guidance has a binding effect on the pet food industry because the agency enforces it in practice. The company argued the FDA should only enact zero-tolerance rules after following the procedural requirements set forth in the...