Mark McAfee, a California raw milk producer whose products have been recalled several times recently due to bird flu contamination, said he has been approached by Robert F Kennedy Jr’s team to guide the upcoming administration on raw milk policy.
McAfee, whose dairy products were recalled after state officials detected bird flu virus in milk samples, said that the transition team for Kennedy, the nominee to lead the Department of Health and Human Services, asked him to apply for a position advising on raw milk policy and standards development. The idea, he told the Guardian, would be to create a “raw milk ordinance”, mirroring the existing federal “standard milk ordinance”.
Kennedy is a notable fan of raw, or unpasteurized, milk, including McAfee’s products. If confirmed, he has said he would work to remove restrictions on raw milk, which the Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDC) have so far advised against consuming.
Kennedy’s team did not respond immediately to the Guardian’s request for comment.
If McAfee, whose farm is the largest producer of raw milk in the US, were to gain a role in the upcoming administration, it would be in line with the upcoming administration’s broader edict to put industry heads in roles regulating the very products they sell.
Trump has also appointed oil executive Chris Wright for secretary of energy, and Wall Street executive Howard Lutnick for commerce secretary.
McAfee’s Raw Farm in Fresno supplies raw milk and milk products to grocery stories across California, and has the unique distinction of supplying the kefir used in the smoothies at Los Angeles’s celebrity-approved Erewhon market.
Nicole Shanahan, Kennedy’s running mate when he ran against Trump for the Republican presidential nomination, interviewed McAfee for a documentary about raw milk released earlier this year. She told McAfee that Kennedy was a fan, and drinks his milk when he is home in Malibu. In a post on X in October, Kennedy said that with Trump in office, the FDA’s “war on public health” would end, as would its “aggressive suppression” of raw milk.
Raw milk, which is not heated to kill harmful pathogens, has been linked to the outbreak of bacterial infections including a strain of E coli that can cause kidney failure. McAfee’s farm has also been involved in several lawsuits stemming from a salmonella outbreak that sickened at least 171 people in California last year.
The federal government does not regulate the sale of raw milk – states do – but the FDA prohibits the interstate sale of unpasteurized milk for human consumption. In 2008, McAfee’s company pleaded guilty to putting “pet food” stickers on its raw milk in order to illegally sell it across state lines for human consumption.
McAfee and other proponents of raw milk have claimed that it has more beneficial enzymes and diverse probiotics than pasteurized milk. The current FDA and researchers have countered that milk is not, in fact, a significant source of probiotics in the first place, and that the bacteria found in raw milk – which come through infected udder tissues, or the dairy environment including soil, cow manure and milking equipment – are not the kind that benefit our digestive systems.
But the consumption of raw milk has come under particular scrutiny this year amid a bird flu, or H5N1, outbreak, which included the first documented human cases of the virus. No known cases of bird flu virus have been confirmed in people who drank raw milk, although there are three cases in North America where the source has not been identified. Contact with raw milk and the handling of raw milk, however, has been associated with infections – especially among dairy workers.
Research suggests that milk carries huge amounts of viral particles. “The most infectious thing from the cows is the milk,” said Meghan Davis, a molecular epidemiologist at Johns Hopkins University studying environmental health. In some cases, cows that tested negative for H5N1 in their respiratory tracts were found to be carrying the virus in their milk.
Consuming raw milk amid the bird flu outbreak, Davis said, is inherently risky. While most people who have been infected with bird flu have reported mild illnesses, people with compromised or suppressed immune systems could experience more severe symptoms. And as more people are infected, the virus is more likely to mutate and develop more infectious or severe strains that could affect the broader population.
“The impact of another pandemic would be awful,” said Davis. “Especially of a pandemic that really affects our food-producing animals as well as people.”
Cats that have consumed infected raw milk have exhibited severe neurological symptoms and died.
Still, McAfee vehemently denies that raw milk could be implicated in any such risks.
“This is the newest platform for the FDA to attack us,” McAfee said. “There are no reported illnesses in the United States regarding [bird flu] and raw milk. Zero. But yet they say the sky is falling.”
Like other proponents of raw milk, he has suggested that milk from infected cows boosts immunity to bird flu by passing on antibodies. Antibodies to H5N1, however, have not been found in raw milk products, and cow antibodies would not confer immunity to humans.
This week, Raw Farm voluntarily recalled all milk and cream products made between 9 and 27 November after tests found bird flu virus in retail samples and dairy storage and bottling sites. The California department of food and agriculture also quarantined the farm and suspended the distribution of Raw Farm products produced on or after 27 November.