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ARTICLE ID 195304

– DOJ – FDCA VIOLATION – EPA – MASSACHUSETTS DAIRY SUED FOR ALLEGED MISUSE OF ANIMAL DRUGS

U.S. District Court, Massachusetts

In this FDCA violation action, a dairy farm was accused of improper medication practices. The matter was resolved through a consent decree.

The defendant, Michael P. Ferry Inc., and its owner, Michael P. Ferry, operate a dairy farm in Westport, Massachusetts. The business operates primarily as a dairy, but also sells cows for slaughter as food. In June ________, government inspections concluded that defendant sold animals for slaughter that contained excessive and illegal drug residues in their edible tissues. The inspections also stated that the defendants failed to maintain complete records concerning the medication of their animals. In ________, the U.S. Food and Drug Administration (FDA) issued a warning letter to the farm concerning its violations. In ________, the FDA held a regulatory meeting with the farm to discuss unlawful residues in its cattle.

The U.S. Department of Justice (DOJ) filed suit on behalf of the FDA in the U.S. District Court for the District of Massachusetts against Michael P. Ferry Inc., and its owner, Michael P. Ferry. The DOJ accused defendants of violating the Federal Food, Drug and Cosmetic Act (FDCA) in connection with their alleged unlawful use of new animal drugs in cows slaughtered for food. The plaintiffs sought injunction from further violation of the law.The matter was resolved via consent decree of permanent injunction that enjoins them from committing violations of the FDCA. The defendant will close their business of selling animals for slaughter until they take certain actions and institute measures that must be confirmed as compliant by the FDA. The proposed consent decree has been filed with the court, and is awaiting judicial approval.

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