Fleminger, Inc. v. U.S. Department of Health & Human Services

MEMORANDUM OF DECISION GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND GRANTING IN PART AND DENYING IN PART DEFENDANTS’ CROSS MOTION FOR SUMMARY JUDGMENT [DM. ## 36, 37]

VANESSA L. BRYANT, District Judge.

Plaintiff, Fleminger, Inc. (“Fleminger”), a manufacturer and retailer of green tea brings this action against the U.S. Department of Health and Human Services (“DHHS”), Kathleen Sebelius in her offi*195cial capacity as Secretary of DHHS, the U.S. Food and Drug Administration (“FDA”), and Margaret Hamburg, M.D., in her official capacity as Commissioner of the FDA.…