California DFA Sued Over Withheld Bird Flu Outbreak Data

Two groups of health and legal advocates in California have filed a lawsuit against the California Department of Food and Agriculture or DFA alleging the agency is withholding detailed location information regarding H5N1 avian influenza outbreaks at state dairies. The case was filed in Sacramento County Superior Court on 3 November 2025.

The plaintiffs, California Rural Legal Assistance and the First Amendment Coalition, contend that public access to farm-level outbreak data is protected under the California Constitution and the California Public Records Act. They claim that a lack of transparency results in an information asymmetry that leaves workers and the public unaware of potential exposure risks.

More than 770 California dairies have reported H5N1 infections since March 2024. The state has released only broad regional information, identifying general areas such as the Central Valley or Southern California, without specifying individual farms. Plaintiffs contend that this vagueness obstructs targeted interventions and public-health planning.

Human infections have accompanied the dairy outbreaks. In the last 18 months, the United States reported 70 confirmed human H5N1 cases, with over half occurring among California dairy workers. Most infections were mild, but some required hospitalization, and one death occurred in Louisiana, highlighting potential occupational and community risks.

Plaintiffs assert that data disclosure would enable legal aid providers, public health agencies, and community clinics to conduct testing, education, vaccination, and protective measures. Lack of precise information prevents these interventions, particularly among vulnerable populations who face language or access barriers to healthcare services.

Public-health experts warn that ongoing animal-to-human transmission increases the risk of viral mutation. H5N1 has historically caused severe disease in humans and animals globally. Experts, including Angela Rasmussen, have criticized broad reporting as insufficient for epidemiological tracking, contact tracing, and understanding transmission pathways.

California DFA and the largest state dairy trade group, Western United Dairies, declined to comment due to ongoing litigation. Note that the lawsuit is seeking disclosure of quarantine and outbreak records, a judicial declaration confirming a violation of public-records law, and attorney fees if the court rules in favor of the plaintiffs.

Other states, including Michigan, Arizona, and Nevada, have released outbreak information at the county level, which plaintiffs cite as a model for transparency. Legal advocates and scientists argue that providing detailed data in California is essential for worker safety, public-health response, and maintaining public trust in government management of infectious disease.

FURTHER READING AND REFERENCE

  • First Amendment Coalition. 4 November 2025. “Advocates Sue CA Department of Food and Agriculture for Withholding Bird Flu Dairy Quarantine Records.” First Amendment Coalition. Available online
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