Pet Food Maker Sues FDA Over Rule Barring Traces of Salmonella

The Food and Drug Administration didn’t have the power to create a nationwide zero-tolerance standard for salmonella presence in pet food, a complaint filed July 5 alleges.

Pet food maker Lystn LLC, doing business as Answers Pet Food, alleges the FDA responded to a nationwide crisis of tainted dog food not by conducting formal rulemaking but by making rules labeled “nonbinding” that are treated as the law of the land.

This type of guidance doesn’t get the benefit of judicial review, the suit alleges.

The FDA had no comment on the lawsuit.

Causes of Action: Administrative Procedures Act; constitutional ...