Udder Nonsense? the Emerging Issue of Raw Milk Sales in Florida (Legal Liability, Part 2‪)‬

Producers of unpasteurized "raw" milk face significant legal liability. Pasteurization is "the application of heat to destroy human pathogens in foods." (1) The process can significantly reduce milk's disease risks; yet the process can also reduce milk's inherently beneficial qualities, such as available nutrients, active enzymes, helpful bacteria, calcium absorption, and taste. (2) Milk is an ideal vector for several dangerous bacteria and viruses, and several serious disease outbreaks have been blamed on raw milk. The U.S. Food and Drug Administration blamed raw milk for 45 such outbreaks from 1998-2005, including severe symptoms and hospitalization. (3) Despite the risks to human health, producers continue to market raw milk to the general public even when specifically prohibited. (4) Part one of this article, published in the October 2008 issue, addressed the federal and state regulatory schemes for marketing raw milk and provided background information on pasteurization and its impacts on milk. Part two examines the legal ramifications of marketing raw milk to the end consumer. There are four legal theories that an injured person is likely to use to recover for damages from raw milk: 1) negligence and negligence per se; 2) strict products liability for manufacturing, design, and warning defects; 3) breach of express or implied warranty; and 4) misrepresentation.