Mark McAfee, founder of Organic Pastures joined forces with the Farm Consumer Legal Defense Fund to file a petition for writ of mandamus.
The mandamus is a court order which forces the FDA to respond to McAfee's initial petition to move his raw milk across state lines.
Back in 2008, McAfee asked the FDA to change it's policy regarding interstate sales. Court documents allege the FDA did not respond within 180 days which is required by law. Organic Pastures sells raw milk and raw milk products.
According to it's website, the FDA says raw milk isn't safe and can carry disease causing pathogens that can lead to illness. It also says health benefits have not been substantiated.
McAfee claims milk is healthier in it's natural state. "Think about what raw milk is. It's the first form of food for life, for mammals. You destroy it by pasteurization how's it supposed to be effective in the gut."
He also says Organic Pastures has been flooded with phone calls from people across the nation, begging for his product. "There is not a state in this union that does not call us every month begging for raw milk to be delivered to them from our dairy".
The FDA does not comment on pending legal matters. A federal judge will hear the case this spring.