3. The Clerk must enter judgment stating “This action is dismissed with prejudice.” 4. The Clerk must close the file. 1 . In their response to the motion to dismiss, Plaintiffs abandoned their negligence claim and their request for injunctive relief. ECF No. 38, at 3. 2 . The term “food" means “articles used for food or drink for man or other animals." 21 U.S.C. § 321(f). 3 . For example, "[w]henever in the judgment of the Secretary such action will promote honesty and fair dealing in the interest of consumers, he shall promulgate regulations , fixing and establishing for any food, under its common or usual name so far as practicable a reasonable definition and standard of identity, a reasonable standard of quality, or reasonable standards of fill of container.” 21 U.S 11th Cir.1993) (<HOLDING>). The claims here are nothing like those in
holding statelaw claim based on alleged failure to give proper notice of right to convert is preempted by erisa holding claim based on failure to disclose information to the epa preempted holding failure to disclose may constitute supplying false information to support negligent misrepresentation claim where such failure breaches a statutory duty holding that certain dual purpose documents created in response to the epa information request and consent order were protected from discovery by the work product doctrine as they were created because of potential litigation with the epa holding misrepresentation claim to be preempted