Precaution, Science and Jurisprudence: a Test Case

Abstract

This article discusses scientific, regulatory and social problems presented when there is a lack of scientific knowledge with regard to a risk. This question arises following the European Union's recent decision to ban virginiamycin, and the ruling on that decision by the European Court of First Instance in the Pfizer Animal Health case. The authors suggest that while policy‐makers ostensibly pay due deference to scientific opinion, their final assessment of risk and application of the precautionary principle will be policy‐driven rather than based on science. When in doubt, they may prefer to eliminate risk by imposing a ban, rather than conduct a proper risk/benefit analysis that includes the damage caused by banning a potentially useful product.