Dimare Fresh, Inc. v. United States

WALLACH, Circuit Judge.

Plaintiffs-Appellants (“Tomato Producers” or “Appellants”) appeal the decision of the United States Court of Federal Claims (“Claims Court”) dismissing their Amended Complaint pursuant to Rule 12(b)(6) of the Rules of the United States Court of Federal Claims (“RCFC”). The Claims Court dismissed the Amended Complaint on the ground that press releases issued by the Food and Drug Administration (“FDA” or “Government”), which warned consumers of a possible link between Appellants’ tomatoes and an outbreak of Salmonella Saintpaul (“salmonella”), did not effect a regulatory…