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SOUTH MOUNTAIN CREAMERY v. U.S. FOOD AND DRUG AD.

No. 1:18-cv-00738.

438 F.Supp.3d 236 (2020)

SOUTH MOUNTAIN CREAMERY, LLC, Plaintiff v. U.S. FOOD AND DRUG ADMINISTRATION, et al., Defendants.

United States District Court, M.D. Pennsylvania.

Filed February 25, 2020.

Editors Note
Applicable Law: 42 U.S.C. § 1983
Cause: 42 U.S.C. § 1983 Civil Rights Act
Nature of Suit: 440 Civil Rights: Other
Source: PACER

Attorney(s) appearing for the Case

Justin M. Pearson, Institute for Justice, Miami, FL, Anya Bidwell, Institute for Justice, Austin, TX, John F. DeSantis, DeSantis Krupp LLC, Harrisburg, PA, for Plaintiff.

Nicole R. DiTomo, Pennsylvania Office of Attorney General, Norristown, PA, for Defendants.

MEMORANDUM

Before the Court is the U.S. Food and Drug Administration ("FDA") and Commissioner Scott Gottlieb, M.D. ("Commissioner Gottlieb") (collectively, the "Federal Defendants")' motion (Doc. No. 37) to dismiss Plaintiff South Mountain Creamery, LLC ("Plaintiff")'s complaint (Doc. No. 1) for lack...

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