United States v. Organic Pastures Dairy Company

MEMORANDUM DECISION AND ORDER RE: UNITED STATES OF AMERICA’S MOTION FOR SUMMARY JUDGMENT (Doc. 22.)

I. INTRODUCTION

This matter is before the Court on the government’s motion for summary judgment and entry of a permanent injunction. The government seeks to permanently enjoin Defendants Organic Pastures Dairy Company and Mark McAfee from distributing and/or introducing raw milk across state lines, in contravention of the Federal Food, Drug, and Cosmetic Act (“FDCA”). The government’s request for injunctive relief is based on separate agreements signed by Defendants in December 2008, resolving criminal cases against them. In the agreements, Defendants acknowledged that Organic Pastures’ employees violated the FDCA by distributing raw milk to out-of-state customers in 2007.

Defendants do not dispute the liability portions of the United States’ motion. Instead, they oppose the breadth of the government’s proposed relief, arguing the terms of the permanent injunction are duplicative of their criminal plea arrangements, impose on California’s regulation of the raw milk industry, are financially crippling, and constitute a personal attack on Mr. McAfee. Defendants also contend that…