Animal Rights Group Wins Appeal in FDA Case

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The Animal Legal Defense Fund (ALDF) is claiming victory in a 9th Circuit Court of Appeals decision that sent an ALDF case against FDA involving factory egg farm statistics back to a lower federal court for trial. A full panel of appeals court judges set precedent, ALDA says, by providing less deference to district courts that resolve Freedom of Information Act (FOIA) cases on summary judgment without trial.

The case involves ALDF’s FOIA request for information about hen population and living conditions that the agency collects from large factory farms. FDA records the requested information during inspections of factory egg farms as required by the 2009 Egg Safety Rule, ALDF says. A California federal district court had ruled in 2013 that FDA could withhold most of the information. A three-judge appeals panel sided with the district court in a ruling earlier this year. The ALDF appeal was re-heard by the full appeals court and as a result of that decision the original three-judge panel sent the case back to the district court for trial.

ALDF says the trial “will decide whether FDA’s release of the information on hen population and living conditions is, as FDA argues, ‘likely to cause competitive harm’ to the factory egg farm facilities, and therefore exempt from disclosure under FOIA.” The group says that the factory farm practice of confining hens in small battery cages causes unsanitary conditions and an increased risk of diseases such as salmonella and bird flu, in addition to severe animal welfare concerns.

“Details of animal welfare and the risk of disease outbreaks that affect human health are too important to remain hidden from the public,” ALDF says.

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