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McAFEE v. UNITED STATES FOOD AND DRUG ADMIN.

No. 21-5170.

36 F.4th 272 (2022)

Mark McAFEE and Farm-to-Consumer Legal Defense Fund, Appellants v. UNITED STATES FOOD AND DRUG ADMINISTRATION, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided June 10, 2022.

Attorney(s) appearing for the Case

Mahesha P. Subbaraman argued the cause for appellants. With him on the briefs was Samantha J. Ellingson .

Aditya Dynar was on the brief for amicus curiae Pacific Legal Foundation in support of appellants.

Marisa C. Maleck was on the brief for amici curiae The Weston A. Price Foundation, et al. in support of appellants.

Cynthia A. Barmore , Attorney, U.S. Department of Justice, argued the cause for appellee. With her on the brief

Brian M. Boynton , Acting Assistant Attorney General, and Daniel Tenny , Attorney.

Before: SRINIVASAN, Chief Judge, TATEL and PILLARD, Circuit Judges.

Dairy farmer Mark McAfee sells raw, unpasteurized butter within his home state of California. Looking to expand his market, McAfee petitioned the FDA to revoke the agency's decades-old rule under the Public Health Service Act (PHSA) that bars the interstate sale of raw butter and replace it with a rule that allows such sale...

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