dismissing for failure to state a claim plaintiff's "ingenious" attempt to "use the Lanham Act as a vehicle by which to enforce the" FDCA
Summary of this case from Mylan Pharmaceuticals v. Proctor Gamble Co.No. 93-1324.
March 21, 1994.
C.A. 5th Cir. Certiorari denied. Reported below: 3 F. 3d 868.
dismissing for failure to state a claim plaintiff's "ingenious" attempt to "use the Lanham Act as a vehicle by which to enforce the" FDCA
Summary of this case from Mylan Pharmaceuticals v. Proctor Gamble Co.Full title:STOCKSTILL v. SHELL OIL CO
Court:U.S.
Date published: Mar 21, 1994
Because the FDCA contains an express preemption clause, Defendants assert, Plaintiff's claims are preempted.…
Cox v. Bast (In re Bast)In making such a determination, the court must accept as true all well pleaded allegations in the complaint,…