Science
State agriculture dept. is hiding bird flu information, legal aid group alleges in lawsuit
A rural legal aid group is suing the California Department of Food and Agriculture for refusing to disclose the locations of dairies infected with H5N1 bird flu.
More than half of the 70 confirmed human cases of H5N1 bird flu infection in the United States in the last year and a half have been in California dairy workers.
California Rural Legal Assistance, a nonprofit that provides free civil legal services to low-income rural residents, together with the First Amendment Coalition, says the California agriculture department is withholding information that could protect the public and allow front-line responders, such as health clinics and labor groups, to assist farmworkers and others at risk of infection.
“As a matter of first principle, the California Constitution and the California Public Records Act enshrine the strong right of the public to inspect the conduct of its public officials and to ensure that they are basically executing the duties that are given to them,” said David Cremins, an attorney with the rural legal group. The suit was filed Monday in Sacramento County Superior Court.
A spokesman for the state’s agriculture agency said he could not provide comment “because the matter is in litigation.”
Anja Raudabaugh, chief executive of Western United Dairies — California’s largest dairy trade group — also declined to comment.
It was a surprise when H5N1 bird flu was found to have infected Texas dairy cattle in March 2024. It soon spread to workers. Most cases in the U.S. have been mild, but one person in Louisiana died, and several others were hospitalized.
Globally, H5N1 has killed hundreds of people. Until recently, its mortality rate was considered roughly 50%. It has also killed millions of wild birds, mammals, domestic cats and commercial poultry. The virus was first discovered in China’s Guangdong province in 1996.
Public health officials, epidemiologists and infectious disease researchers worry it would only take a minor mutation in the virus now circulating in dairy cows and commercial poultry to enable it to spread easily between people, or cause serious illness, or both. The more opportunities the virus has to move between individual animals or jump into new species, the greater the likelihood such changes could occur.
In December 2024, Gov. Gavin Newsom declared a state of emergency in response to H5N1 and said he wanted to make sure that “Californians have access to accurate, up-to-date information” about the disease.
The state did release information on outbreaks at poultry facilities and in wild animals at the county level. But it did not do so for dairy outbreaks.
Agriculture officials described the infected cattle only as being in “the Central Valley” — an area encompassing roughly 20,000 square miles — or Southern California — a roughly 56,000 square mile area.
More than 770 dairies in California have been infected since the outbreak began in 2024.
Such vague information is “completely useless in terms of trying to figure out how the flu is spreading around,” said Angela Rasmussen, a virologist at the University of Saskatchewan’s Vaccine and Infectious Disease Organization in Canada.
“It’s a bit mystifying why that information isn’t clear and transparent,” she said. “I mean, when you’re dealing with an outbreak that has major implications in terms of both people’s livelihoods and in terms of the nation’s food supply, to not be more transparent about that, I think is actually really harmful in the long run, because it’s like, what are you guys doing? Like, why are you keeping this a secret?”
Cremins, the attorney, said it’s possible infections among dairy workers could have been avoided had location information been shared, because groups like his and “other members of the public” could have targeted “outreach and education to at-risk workers and communities.”
The plaintiffs also allege in their filing that the agriculture department’s “refusal to disclose the locations of H5N1 outbreaks … perpetuated a stark and unjustifiable information asymmetry: CDFA (the ag agency) and dairy producers know where and when bird flu outbreaks are occurring; CRLA (the legal organization), dairy workers, and the broader public do not.”
Other states, including Michigan, Arizona and Nevada, reported outbreaks at the county level.
The plaintiffs are seeking disclosure of quarantine records, a declaration from a judge that the agriculture agency violated the state’s open record laws, and — should they succeed — payment of attorney’s fees.
Science
What’s in a Name? For These Snails, Legal Protection
The sun had barely risen over the Pacific Ocean when a small motorboat carrying a team of Indigenous artisans and Mexican biologists dropped anchor in a rocky cove near Bahías de Huatulco.
Mauro Habacuc Avendaño Luis, one of the craftsmen, was the first to wade to shore. With an agility belying his age, he struck out over the boulders exposed by low tide. Crouching on a slippery ledge pounded by surf, he reached inside a crevice between two rocks. There, lodged among the urchins, was a snail with a knobby gray shell the size of a walnut. The sight might not dazzle tourists who travel here to see humpback whales, but for Mr. Avendaño, 85, these drab little mollusks represent a way of life.
Marine snails in the genus Plicopurpura are sacred to the Mixtec people of Pinotepa de Don Luis, a small town in southwestern Oaxaca. Men like Mr. Avendaño have been sustainably “milking” them for radiant purple dye for at least 1,500 years. The color suffuses Mixtec textiles and spiritual beliefs. Called tixinda, it symbolizes fertility and death, as well as mythic ties between lunar cycles, women and the sea.
The future of these traditions — and the fate of the snails — are uncertain. The mollusks are subject to intense poaching pressure despite federal protections intended to protect them. Fishermen break them (and the other mollusks they eat) open and sell the meat to local restaurants. Tourists who comb the beaches pluck snails off the rocks and toss them aside.
A severe earthquake in 2020 thrust formerly submerged parts of their habitat above sea level, fatally tossing other mollusks in the snail’s food web to the air, and making once inaccessible places more available to poachers.
Decades ago, dense clusters of snails the size of doorknobs were easy to find, according to Mr. Avendaño. “Full of snails,” he said, sweeping a calloused, violet-stained hand across the coves. Now, most of the snails he finds are small, just over an inch, and yield only a few milliliters of dye.
Science
Video: This Parrot Has No Beak, But Is at the Top of the Pecking Order
new video loaded: This Parrot Has No Beak, But Is at the Top of the Pecking Order
By Meg Felling and Carl Zimmer
April 20, 2026
Science
Contributor: Focus on the real causes of the shortage in hormone treatments
For months now, menopausal women across the U.S. have been unable to fill prescriptions for the estradiol patch, a long-established and safe hormone treatment. The news media has whipped up a frenzy over this scarcity, warning of a long-lasting nationwide shortage. The problem is real — but the explanations in the media coverage miss the mark. Real solutions depend on an accurate understanding of the causes.
Reporters, pharmaceutical companies and even some doctors have blamed women for causing the shortage, saying they were inspired by a “menopause moment” that has driven unprecedented demand. Such framing does a dangerous disservice to essential health advocacy.
In this narrative, there has been unprecedented demand, and it is explained in part by the Food and Drug Administration’s recent removal of the “black-box warning” from estradiol patches’ packaging. That inaccurate (and, quite frankly, terrifying) label had been required since a 2002 announcement overstated the link between certain menopause hormone treatments and breast cancer. Right-sizing and rewording the warning was long overdue. But the trouble with this narrative is that even after the black-box warning was removed, there has not been unprecedented demand.
Around 40% of menopausal women were prescribed hormone treatments in some form before the 2002 announcement. Use plummeted in its aftermath, dipping to less than 5% in 2020 and just 1.8% in 2024. According to the most recent data, the number has now settled back at the 5% mark. Unprecedented? Hardly. Modest at best.
Nor is estradiol a new or complex drug; the patch formulation has existed for decades, and generic versions are widely manufactured. There is no exotic ingredient, no rare supply chain dependency, no fluke that explains why women are suddenly being told their pharmacy is out of stock month after month.
The story is far more an indictment of the broken insurance industry: market concentration, perverse incentives and the consequences of allowing insurance companies to own the pharmacy benefit managers that effectively control drug access for the majority of users. Three companies — CVS Caremark, Express Scripts and OptumRx — manage 79% of all prescription drug claims in the United States. Those companies are wholly owned subsidiaries of three insurance behemoths: CVS Health, Cigna and UnitedHealth Group, respectively. This means that the same corporation that sells you your insurance plan also decides which drugs get covered, at what price, and whether your pharmacy can stock them. This is called vertical integration. In another era, we might have called it a cartel. The resulting problems are not unique to hormone treatments; they have affected widely used medications including blood thinners, inhalers and antibiotics. When a low-cost generic such as estradiol — a medication with no blockbuster profit margins and no patent protection — runs into friction in this system, the friction is not random. It is structural. Every decision in that chain is filtered through the same corporate profit motive. And when the drug in question is an off-patent estradiol patch that has negligible profit margins because of generic competition but requires logistical investment to keep consistently in stock? The math on “how much does this company care about ensuring access” is not complicated.
Unfortunately, there is little financial incentive to ensure smooth, consistent access. There is, however, significant financial incentive to steer patients toward branded alternatives, or simply to let supply tighten — because the companies aren’t losing much profit if sales of that product dwindle. This is not a conspiracy theory: The Federal Trade Commission noted this dynamic in a report that documented how pharmacy benefit managers’ practices inflate costs, reduce competition and harm patient access, particularly for independent pharmacies and for generic drugs.
Any claim that the estradiol patch shortage is meaningfully caused by more women now demanding hormone treatments is a distraction. It is also misogyny, pure and simple, to imply that the solution to the shortage is for women’s health advocates to dial it down and for women to temper their expectations. The scarcity of estradiol patches is the outcome of a broken system refusing to provide adequate supply.
Meanwhile, there are a few strategies to cope.
- Ask your prescriber about alternatives. Estradiol is available in multiple formulations, including gel, spray, cream, oral tablet, vaginal ring and weekly transdermal patch, which is a different product from the twice-weekly patch and may be more consistently available depending on manufacturer and region.
- Consider an online pharmacy. Many are doing a good job locating and filling these prescriptions from outside the pharmacy benefit manager system.
- Call ahead. Patch shortages are inconsistent across regions and distributors. A call to pharmacies in your area, or a broader geographic radius if you’re able, can locate stock that your regular pharmacy doesn’t have.
- Consider a compounding pharmacy. These sources can sometimes meet needs when commercially manufactured products are inaccessible. The hormones used are the same FDA-regulated bulk ingredients.
Beyond those Band-Aid solutions, more Americans need to fight for systemic change. The FTC report exists because Congress asked for it and committed to legislation that will address at least some of the problems. The FDA took action to change the labeling on estrogen in the face of citizen and medical experts’ pressure; it should do more now to demand transparency from patch manufacturers.
Most importantly, it is on all of us to call out the cracks in the current system. Instead of repeating “there’s a patch shortage” or a “surge in demand,” say that a shockingly small minority of menopausal women still even get hormonal treatments prescribed at all, and three drug companies control the vast majority of claims in this country. Those are the real problems that need real solutions.
Jennifer Weiss-Wolf, the executive director of the Birnbaum Women’s Leadership Center at New York University School of Law, is the author of the forthcoming book “When in Menopause: A User’s Manual & Citizen’s Guide.” Suzanne Gilberg, an obstetrician and gynecologist in Los Angeles, is the author of “Menopause Bootcamp.”
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