Hormel Foods Corp. v. United States Dept. of Agriculture, 808 F.Supp.2d 234 (D. D.C. 2011)

(plaintiff sought declaratory judgment and injunctive relief against USDA under Federal Meat Inspection Act, Poultry Products Inspection Act and Administrative Procedure Act for “substantial harm” suffered from USDA’s approval of labels allowing competitors to sell meat and poultry products bearing label “natural” even though those products contain sodium or potassium lactate; plaintiff, relying on USDA criteria, developed high-pressure pasteurization process designed to inactivate micro-organisms without use of sodium or potassium lactate; USDA subsequently amended criteria for “natural” products and allowed use of these chemical preservatives; plaintiffs claimed use of preservatives significantly less costly for competitors; federal court dismissed plaintiff’s suit because challenged agency action  was not final and agency had not yet determined plaintiff’s legal rights).