January 2013 – FSMA Litigation Update

A federal judge dismissed some portions of the Center for Food Safety’s lawsuit against FDA regarding their delay of FSMA implementation.  Specifically, the court dismissed:

• Claims against OMB alleging that failure to review FSMA regulations constitutes unlawfully withheld and unreasonably delayed agency action; and
• Claims against FDA alleging that the agency’s policy not to enforce the self-executing provisions of FSMA until after it promulgates final regulations constitutes unlawfully withheld and unreasonably delayed agency action.

Other claims against FDA, alleging that the agency violated and continues to violate FSMA and the Administrative Procedures Act by failing to promulgate FSMA regulations by statutory deadline, remain for adjudication.  The court took this action pursuant to a joint stipulation of the parties (order attached).