S510 would give FDA significantly more power to regulate food, particularly food in intrastate commerce. For those who think it’s a good idea to give FDA more power, here are the agency’s views on your freedom to obtain the foods of your choice; these are direct quotations from the agency’s response to a lawsuit the Farm-to-Consumer Legal Defense Fund filed earlier this year challenging the interstate ban on raw milk for human consumption:
- “There is no absolute right to consume or feed children any particular food.” [A–p. 25]
- “There is no ‘deeply rooted’ historical tradition of unfettered access to foods of all kinds.” [A–p. 26]
- “Plaintiffs’ assertion of a ‘fundamental right to their own bodily and physical health, which includes what foods they do and do not choose to consume for themselves and their families’ is similarly unavailing because plaintiffs do not have a fundamental right to obtain any food they wish.” [A–p. 26]
- “There is no fundamental right to freedom of contract.” [A–p. 27]
For those that think it is a good idea to give the agency more power, here are some of the products FDA has allowed in the marketplace: MSG (monosodium glutamate as an additive), high fructose corn syrup (HFCS), aspartame, genetically-modified organisms (GMOs), Avandia (prescribed for type 2 diabetes) and Vioxx (arthritis pain medication).