...the bizarre allegations of plaintiff Eric Wagoner...
Equally unavailing are the bizarre allegations of plaintiff Eric Wagoner, who claims that although his truck was “searched and seized by officials from Georgia,” he destroyed the unpasteurized milk inside under orders from “FDA without a warrant or other legal process.” Because Mr. Wagoner’s “alleged facts” are “nothing more than unsupported conclusions, unwarranted inferences and sweeping legal conclusions,” this Court is “not required to accept [them] as true” for purposes of this motion to dismiss. Had FDA actually ordered the destruction of the milk as alleged, which FDA may accomplish by means of the Food, Drug, and Cosmetic Act’s in rem seizure provision, 21 U.S.C. § 334, the proper venue in which to object would have been in the seizure action itself, wherein Mr. Wagoner would have had “an opportunity to appear as a claimant and to have a full hearing before the court.”The above is quoted from a legal brief filed by the FDA last week. What's so hard to understand? Agents of the state of Georgia seized my truck and its contents, ordered me to hold it at my home, and then four days later the state agents arrived with an FDA agent who ordered me to destroy the milk on the spot because it was in violation of FDA rules. There's no "Had FDA actually ordered the destruction of the milk as alleged..." -- they did it. And people around the world watched them do it.
