American Consumer, Inc. v. United States Postal Service

MEMORANDUM AND ORDER

CAHN, District Judge.

I. FACTUAL BACKGROUND

Before this court is a motion by the defendants for summary judgment and a motion by the plaintiff for a preliminary injunction. This dispute pertains to consent agreements entered into by the plaintiff with the United States Postal Service in which the latter agreed to suspend further proceedings under the postal false representation and lottery statute, 39 U.S.C. § 3005, involving two of the plaintiff’s products (Long N’ Strong and the Slim through Sleep Plan). In return, the plaintiff agreed that it would permanently discontinue…