V. CONCLUSION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
HHS, and Margaret Hamburg, Commissioner of Food and Drugs, United States Food
and Drug Administration (“FDA”) (collectively, “Defendants”) submits this brief in support
of its Motion to Dismiss Plaintiffs’ Amended Complaint pursuant to Federal Rules of
Civil Procedure 12(b)(1) and 12(b)(6).
Plaintiffs challenge regulations promulgated by FDA under the Federal Food,
Drug, and Cosmetic Act, 21 U.S.C. §§ 301-399a (“FDCA”), and the Public Health
Service Act (“PHSA”), 42 U.S.C. §§ 201-300ii, that prohibit the sale or distribution in
interstate commerce of unpasteurized milk and milk products (“unpasteurized milk”) for
human consumption. Plaintiffs contend that the challenged regulations violate the
Administrative Procedure Act (“APA”), run afoul of the non-delegation doctrine, infringe
upon their constitutional right to travel, and violate their substantive due process rights.
Plaintiffs seek declaratory and injunctive relief barring the government from applying
Now, if HHS and the FDA have determined, and according to this court document they clearly have, that we do not possess, as citizens of the United States of America, a right to health, nor a right to ensure the health of our children, by choosing what to feed them, for instance organic foods, and if this is validated, by the government via the Federal Food, Drug, and Cosmetic Act, which in this particular case against citizens of the United States of America, is used to assert that we as citizens have no fundamental right to health, as stated in the court document above, SB 510 takes a giant leap forward and brings Homeland Security into the mix! SB 510 The Food Safety Modernization Act, apparently, grows out of the Food, Drug, and Cosmetic Act, it “modernizes” the act, yet apparently, under this new act, Homeland Security would enforce the premise that we, as citizens, have no right to health, no right to the pursuit of health. We are, as Americans, supposed to have the right to life, liberty and the pursuit of happiness, but apparently not to health, according to what is outlined in the court document above, and if SB 510 passes then Homeland Security is evidently set to ensure that we don’t attempt too much health, it isn’t our right, after all.
Listen to what happened to two Fox News reporters when they challenged Monsanto’s milk:
The World According to Monsanto: