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Claims against Hershey were not barred by FDCA
date:Nov 27, 2012
Federal Food, Drug and Cosmetic Act, as amended by the 1990 Nutrition Labeling and Education Act.

Hershey relied on a provision that precludes enforcement of federal law other than by the U.S. government, and the company also pointed to a 2012 holding (Pom Wonderful LLC vs. Coca-Cola Co.) by the U.S. Court of Appeals for the 9th Circuit. But those arguments didn't persuade the court.

In this case, Plaintiff has not brought suit to enforce the federal statute, the judge wrote. Instead, Plainti

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