Natural Resources Defense Council, Inc. v. United States Food & Drug Administration

In 1977, nearly four decades ago, the Food and Drug Administration (“FDA”) formally declared that the subtherapeutic use of penicillin and tetracyclines in animal feed “ha[s] not been shown to be safe.” Penicillin-Containing Premixes; Opportunity for Hearing, 42 Fed.Reg. 43,772, 43,-772 (Aug. 30, 1977) [hereinafter Penicillin NOOH]; Tetracycline (Chlortetracycline and Oxytetracycline)-Containing Premixes; Opportunity for Hearing, 42 Fed.Reg. 56,-264, 56,264 (Oct. 21,1977) [hereinafter Tetracycline NOOH]. It has never abandoned that position. Indeed, the FDA has consistently reaffirmed that…