Why are cigarettes legal and raw milk illegal?

After reading impassioned documents from the FDA about the potential harm of raw milk, equally passionate rebuttals from the Campaign for Real Milk, and somewhat-unbiased scientific-research articles, I have decided that unpasteurized milk has gotten a raw deal (pun intended). A classic tale of intrigue, unpasteurized milk is a victim of money, power, and politics.

In the briefest of summaries, raw milk carries some risk of food-borne illness, as do all foods, but also comes with health benefits. The potential risks are miniscule when compared to the risks of, say, cigarettes, yet still raw milk is illegal in many states. The rational behind the laws governing raw milk are convoluted, as are the answers to the following Q and A.

Question #1: Is raw milk safe?

Totally convoluted answer #1: For the most part. The FDA provides a good number of case studies describing the ill effects of raw milk, including serious food-borne illness and an occasional death. Proponents of raw milk find fault with each of these case studies and disagree that raw milk was the real culprit. After reading these studies, raw milk appears to be safer than lunchmeat (which I may never eat again).

Bottom line: The safety of raw milk depends on how cows are raised, a sanitary milking procedure, and frequent testing of milk for harmful bacteria. Every raw milk advocacy website strongly recommends that consumers “know their farmer.” Incidentally, if raw milk were made legal and regulated, it would be a lot safer than the current black market milk. There are valid and reliable bacteria testing procedures, that when uniformly applied, effectively screen out any contaminated raw milk samples.

Question #2: Why is raw milk illegal in some states?

Totally convoluted answer #2: On the surface, raw milk is illegal because of controversy surrounding the safety, but I don’t think that this is the real reason. Like big oil and big pharm, big dairy has a good deal of pull. Regional big dairy associations (the “Got Milk?” people) have launched ad campaigns under the guise of public service announcements to outline the hazards of raw milk, most notably in Texas where legislation supporting raw milk has been introduced. A rise in consumer confidence in raw milk translates to revenue loss for mainstream dairy farms. Laws tend to follow the money and obviously big, factory farms out earn your small, organic, free-range dairy farmer by about a zillion to one (citation needed).

Question #3: Is raw milk a magical health food?

Totally convoluted answer #3: We’ll probably never totally know. There are a good number of studies that show that kids who are raised on farms with lots of dirty farm animals and germs are healthier than their counterparts raised in Lysol-polluted homes on pasteurized skim milk. These kids suffer fewer allergies to pollen, animals, and food; less asthma; and are overwhelmingly healthier.

As for the other health claims…. There’s a good chance that we won’t know for some time as, like laws follow the money, so does scientific research. The FDA, the same agency that vehemently opposes raw milk, funds much of the research on health benefits of foods. It’s my guess that organic, free-range dairy farmers could write grant proposals until the cows come home (again, pun intended) without receiving funding.

Question #4: Can people with lactose intolerance drink raw milk?

Totally convoluted answer #4: Not people with true lactose intolerance, but a lot of people who get an upset stomach after drinking pasteurized milk who are not truly lactose intolerant can handle raw milk. Click here for a good summary.

Question #5: Would I buy a raw-milk product again?

Finally a straightforward answer: I would need to know about where it came from, bacteria testing procedures, and refrigeration and shipment processes. In short, I do not plan on buying retail raw milk again and feel that I would need to better know my farmer.

Coming back to my original question, why are cigarettes legal and raw milk illegal? Cigarettes with their extremely well documented cancer-causing properties are legal because of money. Raw milk, with its somewhat sketchy documentation of food-borne illness and potential health benefits is illegal because it is going against big money. And in our society, those with money win.