News & Publications

AHI Statement on Second Circuit Court of Appeals Decision upholding FDA action on Judicious use of Antibiotics

Today’s Second Circuit Court of Appeals decision supporting the Food and Drug Administration’s (FDA) decision to pursue a collaborative stakeholder process to implement significant changes to antibiotic use rather than a regulatory action is a welcome development.  The court joins the Center for Disease Control and the President’s Council of Advisors on Science and Technology in expressing support for FDA’s judicious use effort.

FDA’s policy is also supported by the Animal Health Institute.  As FDA recently reported, all 26 companies affected by the policy have pledged to align their products with the effort and changes have begun.  As a result of this policy being implemented, all medically important antibiotics used in food animals will be used to fight disease at the direction of a veterinarian.

The legal challenges and citizen’s petitions that are set aside by this decision have diverted agency resources from focusing on moving ahead with implementing the judicious use policy.  We believe this decision will clear the way and allow FDA to focus on working with stakeholders to successfully implement this policy in a timely manner.