The FTCLDF highlighted a few of the key phrases from the FDA's response document in a recent email to its supporters. They include the following two statements from the FDA:
"There is no 'deeply rooted' historical tradition of unfettered access to foods of all kinds." [p. 26]
"Plaintiffs' assertion of a 'fundamental right to their own bodily and physical health, which includes what foods they do and do not choose to consume for themselves and their families' is similarly unavailing because plaintiffs do not have a fundamental right to obtain any food they wish." [p.26]
There's a lot more in the document, which primarily addresses the raw milk issue, but these statements alone clearly reveal how the FDA views the concept of health freedom. Essentially, the FDA does not believe in health freedom at all. It believes that it is the only entity granted the authority to decide for you what you are able to eat and drink.
The State, in other words, may override your food decisions and deny you free access to the foods and beverages you wish to consume. And the State may do this for completely unscientific reasons -- even just political reasons -- all at their whim.
But it gets even worse. On page 27 of the dismissal, the FDA also states that Americans do not have a fundamental right to enter into private contractual agreements with one another, either.
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I found some more tidbits
There is No Right to Consume or Feed Children Any Particular Food (pg25)
There is No Generalized Right to Bodily and Physical Health. (pg26)
There is No Fundamental Right to Freedom of Contract (pg 27)