Summary
rejecting plaintiff's claim that "Costco's labeling of the Shrimp Tray violates the FDCA and the Food and Drug Administration's regulations on the labeling of 'shrimp cocktails' because its "true purpose is to privately enforce alleged violations of the FDCA, rather than to bring a claim for unfair and deceptive business practices."
Summary of this case from Henry v. Gerber Prods. Co.Opinion
No. 10-4868-cv.
September 20, 2011.
Appeal from orders and judgments of the United States District Court for the Southern District of New York (McMahon, J.).
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the orders and judgments of the district court be AFFIRMED.
William R. Weinstein, Law Offices of William R. Weinstein, New York, NY, (Michael L. Kelly, Kirtland Packard, LLP, El Segundo, CA, on the brief), for Appellant.
James D. Arden (Eamon P. Joyce, Alan Charles Raul, on the brief), Sidley Austin, LLP, New York, NY, for Appellee.
PRESENT: GUIDO CALABRESI, RICHARD C. WESLEY, GERARD E. LYNCH, Circuit Judges.
SUMMARY ORDER
Plaintiff-Appellant Marc Verzani appeals from a series of orders and judgments of the United States District Court for the Southern District of New York (McMahon, J.), which dismissed his breach of contract claim, denied leave to file a second amended complaint, and dismissed his amended complaint with prejudice. We assume the parties' familiarity with the underlying facts, the procedural history, and the issues presented for review.
For substantially the same reasons set forth in the district court's thorough and well-reasoned memoranda and orders, we conclude that the district court properly dismissed Verzani's complaint and denied his motion to amend as futile.
For the foregoing reasons, the judgment of the district court is hereby AFFIRMED.