Blog – Animal Law Update

Join our team of seasoned attorneys as they offer valuable insight to proposed regulatory and statutory amendments that may impact your animal-related businesses or activities.

Recent Blog Posts

  • FDA Continues Proposed Extra-Statutory Authority Over Compounded Animal Drugs Without clear statutory authority, FDA has proposed to expand its legal authority over veterinarians and veterinary compounding pharmacies in its newly released “Revised Draft Guidance on Compounding Animal Drugs from Bulk Drug Substances,” (#256) as announced on November 19, 2019. FDA continues to describe the use of certain compounded medications for animals as violations of the Federal Food, Drug, and Cosmetic Act (FD&C Act), which it will not enforce under certain prescribed circumstances. As stated in Guidance #256 The policies described in this... More
  • What is the legal status of Sandra in the United States—the orangutan granted legal personhood status in Argentina? As reported by the Associated Press on November 7, 2019, Sandra, a 33-year-old orangutan that was granted legal personhood by a judge in Argentina has moved to the Center for Great Apes in central Florida after being quarantined at a different zoo in Kansas, upon importation. Judge Liberatori reportedly ruled that Sandra is legally a non-human person, and is “entitled to some legal rights enjoyed by people, and better living conditions [because the Judge] wanted to tell society something new, that... More
  • Animal Facilities be Fore-warned: Moose’s Law Scheduled for Hearing on November 18, 2019 in New Jersey As a learned colleague said, no bad bill goes away [forever]. Moose’s Law S861, one of the worst of the worst bills, has resurfaced and will be heard by the Senate Environment and Energy Committee on Monday, November 18, 2019 – 10:00 AM, at Committee Room 6, 1st Floor, State House Annex, Trenton, NJ. For any animal facility except academic research facilities and livestock operations̶—that would be exempt if the law is adopted—private research facilities, veterinary practices, animal shelters, zoos, pet stores,... More
  • Sleuth Reporter Kim Kavin Uncovers the Truth Behind Dog Rescue Kim Kavin, author of “The Dog Merchants” has started to uncover some of the truths in the world of dog rescues.  Not that all rescues are bad, of course, but fact that rescues (and to some extent shelters) have largely replaced pet stores as a source of dogs and puppies for the eight (8) million households in the US seeking to purchase/adopt a new dog.  Rescue organizations, typically with not for profit status despite charging customers for their dogs, are... More
  • Non-economic damages for pet loss may be coming to New Jersey A newly introduced bill in New Jersey, S4156 and sister bill A5404 would establish civil action for damages for injury or death of certain animals in certain circumstances. Those circumstances would include any unlawful and intentional or negligent act of a person that results in the injury or death of a pet dog or pet cat normally maintained in or near the household of the owner, or the injury or death of any service animal or guide dog or a search... More
  • Animal Welfare Labeling Can Be Litigation Trap for Farms, Food Industry and Restaurants Including animal care standards in advertising, on websites and in labeling is a growing trend among food-related businesses that can have unintended – and costly – consequences. Animal rights organizations pressure animal agriculture businesses to include such statements, ostensibly to avoid negative publicity campaigns and protests. Targets include producers of beef, dairy products, eggs,poultry and pork, as well as goat and sheep farmers. Similarly, food manufacturers, distributors and restaurant chains are pressed to advertise that their suppliers comply with certain animal welfare... More
  • Pharma and Universities Are Targets When Animal Activists Search Public Records An increasing tactic of animal rights organizations (AR) is to mine public records in the hopes of finding ammunition to use against universities, pharmaceutical companies, contract research organizations and associated vendors. People for the Ethical Treatment of Animals has used data from public records to launch a database of universities, grading them “bad” to “worse,” even if they do not currently house animals involved in research. Although the filing of many public documents is mandatory, there are steps researchers can take to... More
  • The Dog Days of Summer at the New York Times-Part 2 In “Dogs Are Not Here for Our Convenience,” an op-ed by Alexandra Horowitz published by the NYT on September 4, 2019, Dr. Horowitz questions the “widespread policies of desexing dogs, [because] we are not just removing their gonads.  We are changing their bodies, their health and their behavior-not always for the better.” As previously discussed in “Pet Stores Under Attack-Mandatory Sterilization Preempted by State Law,”  a New York City Law that mandates sterilization of puppies and kittens as young as 8... More
  • The Dog Days of Summer at the New York Times Two articles were published about dogs (and cats) in the New York Times on September 4, 2019, that describe, in part, varying positions of a complicated issue-spay and neuter of pets in the United States—“Spaying, Neutering and Rescuing Lead to Drop in Pet Euthanasia” by author Alicia Parlapiano and “Dogs Are Not Here for Our Convenience” by Alexandra Horowitz.  Ms. Parlapiano describes the decreased euthanasia rates across the country attributable—at least in part—to voluntary spay and neutering programs and increases... More
  • On the plight/flight of service animals On Wednesday, August 21, 2019, the U.S. Department of Transportation published a “Final statement of enforcement priorities regarding service animals.”  84 FR 43480-01, 2019 WL 3934886 (F.R.).  Unfortunately, as several associations commented, the language in this “guidance document” creates more not less confusion regarding what is legally identifiable a “service animal.” This final statement followed an interim statement (published on May 23, 2018) and an advance notice of proposed rulemaking (ANPRM) seeking comment on amending the Department’s Air Carrier Access Act... More