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BELCHER PHARMACEUTICALS, LLC v. HOSPIRA, INC.

No. 20-10497.

1 F.4th 1374 (2021)

BELCHER PHARMACEUTICALS, LLC, Plaintiff-Appellant, v. HOSPIRA, INC., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 24, 2021.

Attorney(s) appearing for the Case

Scott Lloyd Smith, Buchanan Ingersoll & Rooney, PC, Alexandria, VA, Amanda G. Chafin, Chance Lyman, Ashley Bruce Trehan, Buchanan Ingersoll & Rooney, PC, Tampa, FL, William Abbott Garvin, Buchanan Ingersoll & Rooney, PC, Washington, DC, S. Carey Villeneuve, Buchanan Ingersoll & Rooney, PC, Fort Lauderdale, FL, for Plaintiff-Appellant.

Katherine Moran Meeks, Williams & Connolly, LLP, Washington, DC, Daniel B. Rogers, Shook Hardy & Bacon, LLP, Miami, FL, Brian Guthrie, Daniel Francis Molony, Shook Hardy & Bacon, LLP, Tampa, FL, Laurie A. Novion, Joe Rebein, Shook Hardy & Bacon, LLP, Kansas City, MO, for Defendant-Appellee.

Before MARTIN, GRANT, and BRASHER, Circuit Judges.

This case falls at the intersection of two federal statutes. The Food, Drug, and Cosmetic Act—as the name implies— gives the Food and Drug Administration regulatory and enforcement authority over food, drugs, and cosmetics. That authority extends to product labels. The...

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