A federal judge has cleared the path forward for a lawsuit challenging the Food and Drug Administration’s 2018 approval of Experior, a drug developed by Elanco that FDA said reduces the amount of ammonia gas released from beef cattle manure.

Both FDA and Elanco sought to dismiss the federal lawsuit, filed in California, on standing grounds, but U.S. District Judge Richard Seeborg determined that the plaintiffs — Animal Legal Defense Fund, Food & Water Watch and Food Animal Concerns Trust — had legal standing to bring their complaint.

The plaintiffs allege FDA did not properly study the food safety and public health risks of approving Experior, which has yet to be commercialized.

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In a Feb. 24 investor call, Elanco CEO Jeff Simmons called it a “first-of-its-kind product. It provides feedlot managers with the freedom and flexibility to balance environmental stewardship and sustainability while delivering business results and animal performance beyond today's industry-leading technology.”

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