Hi-Tech Pharmaceuticals, Inc. v. HBS International Corp.
Court of Appeals for the Eleventh Circuit
1Opinion of the Court
WILLIAM PRYOR, Circuit Judge:
*1189 This appeal from the dismissal of a complaint raises questions about the relationship between the labeling requirements of the Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq. , and state and federal laws against deceptive advertising. Hi-Tech Pharmaceuticals, Inc., filed a complaint that the label of a protein-powder supplement distributed by HBS International Corp. misleads customers about the quantity and quality of protein in each serving, violating both the Georgia Uniform Deceptive Trade Practices Act, O.C.G.A. § 10-1-372(a), and the federal Lanham…
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