The National Resources Defense Council (NRDC) and a coalition of other environmental groups including the Center for Science in the Public Interest (CPSI), and the Union of Concerned Scientists have challenged USFDA's approval of the prophylactic use of Penicillin and Tetracyclines in animal feeds. These approvals date back to the 1950's.

The Complaint, posted below, was filed on May 25 in Federal District Court (SDNY) and requests:

1. That FDA withdraw approvals for Penicillin as an animal feed additive (21 CFR 588.460) and Tetracyclines as animal feed additives (21 CFR 588.128, 588.450).

2. That FDA respond to Citizens Petitions (posted below) filed in 1999 and 2005 as required by the APA (5 USC 706(1)) and by 21 CFR 10.30(e)(1).

3. That the Court declare that FDA's failure to withdraw the above approvals violates the APA (5 USC 706(1)) and the FDCA (21 USC 360b(e)(1)).

The 1999 and 2005 Citizens Petitions are also posted below.