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HI-TECH PHARMACEUTICALS, INC. v. HBS INTERN. CORP.

No. 17-13884.

910 F.3d 1186 (2018)

HI-TECH PHARMACEUTICALS, INC., Plaintiff-Appellant, v. HBS INTERNATIONAL CORP., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 4, 2018.

Attorney(s) appearing for the Case

David M. Barnes , Robert F. Parsley , Miller & Martin, PLLC, CHATTANOOGA, TN, Charles Ronald Bridgers , Edmund J. Novotny, Jr. , DeLong Caldwell Bridgers & Fitzpatrick, LLC, ATLANTA, GA, for Plaintiff-Appellant.

Ragesh K. Tangri , Joseph Gratz , SAN FRANCISCO, CA, Ana Nicole DeMoss , Holly Hawkins Saporito , Alston & Bird, LLP, ATLANTA, GA, for Defendants-Appellees.

Before TJOFLAT and WILLIAM PRYOR, Circuit Judges, and MURPHY, District Judge.

This appeal from the dismissal of a complaint raises questions about the relationship between the labeling requirements of the Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., and state and federal laws against deceptive advertising. Hi-Tech Pharmaceuticals...

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