United States v. Pro-Ag, Inc. Spencer W. Landswerk

BRIGHT, Senior Circuit Judge.

Pro-Ag, Inc. (Pro-Ag), a Minnesota corporation, serves as the exclusive marketing distributor for whey 1 -based products, manufactured by Impro Products, Inc. (Impro), a corporation located in Waukon, Iowa. Those products carry the names IMPRO FIRST FOOD n/k/a FIRST FORMULA; IMPRO 2ND FOOD n/k/a 2ND FORMULA; DAIRY FOOD n/k/a DAIRY FORMULA; IMPRO MBA WHEY BLEND; IMPRO PBA WHEY BLEND; IMPRO COUNTDOWN; and IMPRO UTERINE C.A.R.E. The United States, on behalf of the Food and Drug Administration (FDA), in an action for injunctive relief against Pro-Ag and its president,…