DR. ELLEN LEVINE et al., Plaintiffs, v. MIKE JOHANNS, Defendants

Summary: This action challenges the exclusion of chickens, turkeys, and other birds from the protections of the federal Humane Slaughter Act (HSA). The Levine plaintiffs’ complaint challenges a USDA Notice issued on September 28, 2005, titled “Treatment of Live Poultry Before Slaughter.” The Notice states that there is no federal statute governing the humane slaughter of poultry, but recommends that the poultry industry adopt voluntary measures to improve slaughter practices. Plaintiffs all contend that by excluding these animals from the protections of the Act exposes them to greater risk of food-borne illness. The inhumane methods of slaughtering the birds have been linked in scientific studies to greater incidence of food-borne pathogens in the meat. In their complaint, Plaintiffs request an order finding the act of excluding poultry from the HSA is arbitrary and capricious, and enjoining the USDA from excluding poultry species from the HSA. In its order regarding defendant’s motion to dismiss, the court found that plaintiffs credibly alleged that they face an imminent exposure to heightened risk that they will become ill from consuming inhumanely slaughtered animals. Thus, defendant’s motion to dismiss the consumer claims was denied.