The Food and Drug Administration can avoid a pet food maker’s appeal to its alleged zero-tolerance policy for salmonella because the company failed to challenge a final agency action, the Tenth Circuit affirmed Friday.
Lystn LLC, doing business as Answers Pet Food, sued after the FDA issued a public warning notice that one of the company’s products was adulterated under federal food and drug law and posed a serious threat to human and animal health. Lystn separately faces prosecution in Colorado state court after inspectors found a sample of pet food contained an unspecified amount of salmonella.
The notice falsely .
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