Wednesday, March 9, 2011

The FDA and Estrella Creamery

The way to get a promotion in a government bureaucracy is to gather scalps of the enemy.  Three Nobel prizes went to economists who demonstrated that the regulators are always captured by the regulated.  For example, the FDA enforces the big Food and Drug companies desires.  This is why Ag Sec Earl Butz could say "the policy of the United States government is get big or get out.." which is just a version of the Stalinist collectivization programs.  For Big Milk, small creameries are the enemy.

Award-winning Estrella Creamery, which in 25 years never made anyone sick, has been destroyed by an FDA functionary.  It now depends on donations to keep operating, although it can no longer make cheese, and it will probably fold.  It is too bad, because they make the mistake that so many people make, and that is they have no idea who they are up against.

Here is a film made by Mike Jones, which tells the story.


Now no one wishes to believe the FDA would do anything venal or spiteful, and that may even be true.  But the FDA is staffed by people, any one of whom may be as venal and spiteful as any wall street banker.  Promotion in the FDA comes by accomplishment, and none gets more notice than actions which crush the competition of big milk.

So the person behind the destruction of Estrella has a name, has a program, has hopes and dreams of his own, in his capacity as an FDA functionary.  The trick is to end the "FDA vs Estrella" and switch to "Mr X vs. Estrella."  Next, in pro se capacity, pester a judge and the US Attorney with a demand for a trial before a jury.  It is not going to happen, but the US Atty will certainly eventually tell the clown looking for a promotion at the FDA, Mr X, to knock it off.  And then, Mr. X, has a problem, well deserved, with his superiors.

If the Feds show up, do not play their game.  They count on you being overwhelmed by their budget, and you crying uncle.  Run to a judge immediately, and take on the US Atty. At that point every official action becomes court record, an unpleasant prospect for the martinet Mr. X.  There is no way the judge and US Atty want to take the time and effort to do the bidding of big milk.  They have better fish to fry.


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