A Legislative Call-to-Action: Applying Capture Theory to Combat the Risk of Private Industry’s Excess Influence Over the FDA’s Regulation of Livestock Antibiotics

Note By: Nathaniel Richey

Regulatory capture generally refers to the phenomenon in which private interests exert excess influence over a governmental agency charged with regulating such private interests. In this Note, Nathaniel Richey contends that agencies are susceptible to private industry influence, namely the FDA on antibiotic use in livestock. Richey argues that the FDA has a duty of transparency to the public to share data it collects on antibiotic use in livestock. Richey explores that excessive use of antibiotics in food animals negatively impacts human health and increases antibiotic-resistant bacteria. Richey proposes legislative measures, including employment restrictions and advisory committee usage, to provide critical insulation of the FDA and other agencies against the excess influence of special interests.