District Court, D. Connecticut February 23, 2012, Civil Action No. 3:10cv855 (VLB) (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.