Whether a state law that wholesale incorporates federal food labeling regulations as its own requirements can circumvent the Food and Drug Administration's Cosmetic Act's express ban on private enforcement by transforming those federal requirements into independent "parallel state requirements" under the Nutrition Labeling and Education Act.

Whether a state law claim that incorporates federal food labeling regulations by reference creates a private right of action that circumvents the Food Drug and Cosmetic Act's prohibition on private enforcement