Lawsuit Against FDA and Livestock/Poultry Antibiotic Use
Several public health advocacy groups have filed a lawsuit against FDA that challenges a 2021 denial of a citizen petition that sought the withdrawal of medically important antibiotics in livestock and poultry for disease-prevention or growth-promotion purposes. The petition included FDA’s own assessment that the antibiotics used in livestock and poultry are contributing to the development of antibiotic-resistant bacteria that can be transferred to humans, according to the lawsuit.
It alleges that about two-thirds of medically important antibiotics sold in the U.S. (e.g., penicillins and tetracyclines) are also sold for use in food-producing animals. “These antibiotics are often administered to entire herds or flocks in feed or water, to prevent infections that tend to occur when animals are kept in cramped, unsanitary conditions common in factory farms,” it says.
The groups also contend that more than 2.8 million antibiotic-resistant infections occur in the U.S. annually. “These difficult-to-treat infections contribute to as many as 162,000 deaths annually,” they say in the lawsuit. “The antibiotic resistance crisis is fueled in significant part by the misuse and overuse of antibiotics in industrial livestock and poultry production.”
Filed in the Southern Maryland federal court by the Alliance of Nurses for Healthy Environments, Food Animal Concerns Trust, Natural Resources Defense Council, and Public Citizen, the lawsuit claims FDA violated the Administrative Procedure Act when it denied the petition. It is seeking a court order granting the petition or directing FDA to review anew the petition.