” So, “while a court “may assume [an incorporated document’s] contents are true for purposes of a motion to dismiss under Rule 12(b)(6) ... it is improper to assume the truth of an incorporated document if such assumptions only serve to dispute facts stated in a well-pleaded complaint. [read post]

That gets critically important, given the food-specific rationale in Farm Raised Salmon - which we'll examine in a moment, so be patient.Second, Dowhal was a true conflict preemption case - plaintiffs claimed that a California ballot initiative required birth defect warnings on certain prescription drugs (smoking cessation patches) despite the FDA nixing those same warnings because the Agency considered maternal smoking to be the more serious risk to developing babies. [read post]