Marler, who represents families impacted by recent foodborne illnesses, published the 22-page draft on his blog to invite scrutiny from cheesemakers, retailers, and health officials before formal submission. The petition argues that current federal regulations—specifically the 60-day aging rule—are insufficient to guarantee consumer safety. It cites multiple outbreaks and agency-funded studies, including research on pathogen survival in aged dairy products, to support the need for clear, standardized warnings.

Proposed Regulatory Changes

The draft requests an amendment to 21 CFR 101.17, mirroring existing requirements for unpasteurized juice and shell eggs. If adopted, the label would warn that raw milk products may contain harmful bacteria, specifically highlighting risks to children, pregnant women, older adults, and those with compromised immune systems. The proposal emphasizes that it does not seek to ban raw milk cheese or extend aging requirements, but rather to ensure consumers are informed of the potential risks. Marler is specifically seeking feedback on the proposed warning language, the feasibility of point-of-sale placards for cut-to-order products, and appropriate compliance timelines for small-scale producers. Comments are being accepted via email through October 9, 2026, ahead of the formal filing with the FDA.