3m Health Care, Ltd. v. Richard R. Grant, Administrator, Pharmacy Program, Florida Department of Health and Rehabilitative Services, State of Florida

FLOYD R. GIBSON, Senior Circuit Judge:

Appellant, 3M Health Care, Ltd. (“3M”), sued the State of Florida and others in federal district court, seeking declaratory and injunctive relief from compliance with Florida’s Drug and Cosmetic Act in its warehousing activities in the Port Everglades Foreign Trade Zone. 3M argued that the state law was preempted by the Foreign Trade Zones Act. The district court disagreed, granted summary judgment to Florida, and dismissed 3M’s action. We reverse on the grounds that the Florida law as applied in this factual situation frustrates the congressional intent…