You'd have to get the case to a jury first. Meaning it would have to survive a motion to dismiss, and then a motion for summary judgment.
Dude, where have you been? I don’t often see the law standing in the way of insanity on hot button legal issues. Do you? Should Trayvon’s case ever have seen a jury? I remember in the 90s reading word for word the Congressional statute laying out the FDA’s jurisdiction. It was food and things intended to help the ill. PERIOD!!!!! PERIOD!!!! Tobacco lawyers argued that FDA therefore had ZERO jurisdiction over cigs. Did it help em?